Criminal Law Chapter 2 Quiz

Definitions of Crime

• Criminal law defines crime, which is dynamic and evolves over time.
• Consensus view: Crimes are actions deemed harmful to the majority.
• Conflict view: Criminal law is shaped by class struggles and power dynamics.
• Interactionist view: Law reflects preferences of those with social power.

Methods for Measuring Crime

• Uniform Crime Reports (UCR): Offers broad data on reported crimes, focusing on incidents and arrests.
• National Incident-Based Reporting System (NIBRS): Provides detailed crime data, enhancing UCR information.
• National Crime Victimization Survey (NCVS): Biannual surveys targeting individual and household victimization.
• Self-Report Surveys: Request personal disclosure of criminal behaviors from respondents.

Strengths and Weaknesses of Crime Measures

• UCR: Limited by unreported crimes; not all incidents are captured.
• NIBRS: Can lead to over or under-reporting based on respondent incentives.
• NCVS: Reliability can be compromised by poor recall or reluctance to discuss.
• Self-Report: Relies on respondent honesty; may not always reflect true behaviors.

Trends in Crime Rate

• A decline in violent crime started in 1990, with a recent uptick observed in 2015.

Factors Influencing Crime Rates

• Age Structure: Younger populations tend to exhibit higher criminal behavior; chronic offenders persist.
• Immigration: Lower crime rates associated with immigrant populations.
• Gun Availability: Accessibility affects crime rates.
• Drug Use: Legal status varies across states, impacting crime dynamics.
• Justice Policy: Variations in legal definitions by jurisdiction influence crime.

Crime Patterns

• Ecological Factors: Rural and suburban areas showcase lower crime rates.
• Gender: Males are arrested more frequently than females.
• Racial Dynamics: Minority groups are disproportionately involved in crime; racial profiling is prevalent.
• Social Class: Limited opportunities may lead to crime as a means of expression.
• Age: Young adults are arrested at higher rates.
• Career Patterns: Early onset of criminal behavior indicates chronic offenders.
• Victim Patterns: Victim characteristics include gender, age, race, income, and their relationship to offenders.

Criminal Career Concept

• Chronic offenders maintain high rates of criminal activity throughout their lives, typically starting from a young age.

Characteristics of Crime Victims

• Victim characteristics vary widely and can include demographics, marital status, and socio-economic factors.

Views of Crime Causation

• Social Process Theories:
  • Social Learning: Crime learned from family and peers.
  • Social Control: Lack of social bonds increases risk.
  • Social Reaction: Labeling can push individuals back into crime.
• Social Conflict: Crime arises from societal conflicts.
• Rational Choice Theory: Criminal behavior is a product of decision-making processes.
• Biosocial Theory: Focuses on biological and genetic influences.
• Developmental Theory: Early relationships shape future behaviors.
• Psychological Theory: Emphasizes cognitive and personality factors.
• Social Structure Theories: Include strain theory and cultural deviance influences.

Criminal Law vs. Civil Law

• Civil law pertains to private rights of individuals; criminal law addresses conduct to protect public interest.

Historical Development of Criminal Law

• Early legal frameworks include the Babylonian Code of Hammurabi and the Ten Commandments.

Sources of Criminal Law

• Criminal law is established by state and federal legislators; it evolves with changing behaviors and judicial rulings.
• All laws must align with the U.S. Constitution.

Elements of a Crime

• Actus Reus: The criminal act or omission.
• Mens Rea: The intent or mental state behind the act.
• Concurrence: Act and intent must coincide.
• Causation: The act must lead to harm.
• Harm: Damage must result from the act.
• Legality: The act must be legally prohibited.

Excuse and Justification Defenses

• Excuse Defenses: Claim inadequate mental capacity to form intent.
• Justification Defenses: Argue that the act was reasonable under circumstances; denies mens rea while accepting the act occurred.