Criminal Law Concepts Quiz

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Questions and Answers

What is the main consequence of Stand Your Ground Laws?

  • They mandate that all conflicts must be reported to authorities.
  • They require individuals to retreat before using force.
  • They have made police less effective in preventing violence.
  • They eliminate the legal expectation of last resort before defense. (correct)

Under the M'Naghten Rule, what must be demonstrated for a defendant to be considered Not Guilty by Reason of Insanity?

  • The defendant did not know their actions were wrong due to a mental defect. (correct)
  • The defendant was forced to commit the crime.
  • The defendant was diagnosed with a specific personality disorder.
  • The defendant was aware but unable to control their actions.

Which of the following defenses involves claiming that the individual was compelled to commit a crime?

  • Irresistible Impulse Test
  • Duress (correct)
  • Competence
  • Insanity

What is the primary concern police have regarding Stand Your Ground Laws?

<p>They may increase the likelihood of lethal conflicts. (C)</p> Signup and view all the answers

Which test assesses whether a person's actions are a product of mental illness?

<p>Durham Test (A)</p> Signup and view all the answers

What characteristic distinguishes minimum security prisons from other types?

<p>They may not have guards or fences. (D)</p> Signup and view all the answers

In which type of prison are individuals awaiting trial or bail typically held?

<p>Jail (B)</p> Signup and view all the answers

What is the primary purpose of a Protective Custody Unit (PCU)?

<p>To safeguard prisoners at risk from others. (B)</p> Signup and view all the answers

What does Administrative Segregation (Ad Seg) entail?

<p>Confining inmates due to rule violations. (D)</p> Signup and view all the answers

Which type of prison is designated for the most dangerous and high-risk prisoners?

<p>Supermax Prison (C)</p> Signup and view all the answers

What is meant by the term 'inmate code' in prison environments?

<p>Informal rules governing inmate behavior. (C)</p> Signup and view all the answers

What does institutionalization refer to in the context of prison?

<p>The loss of ability to function outside of prison life. (C)</p> Signup and view all the answers

Which statement is true regarding the concept of 'Slaves of the State'?

<p>The state maintains a hands-off approach towards prisoner rights. (A)</p> Signup and view all the answers

Which theory suggests that criminals have not evolved to function in modern society?

<p>Atavism Theory (A)</p> Signup and view all the answers

What does the concept of deterrence in Classical Criminology emphasize?

<p>More severe punishments for crimes make them less appealing. (C)</p> Signup and view all the answers

What is the primary focus of Differential Association Theory?

<p>Learning criminal behavior through interactions. (B)</p> Signup and view all the answers

Which perspective argues that racial inequality is embedded in the criminal justice system?

<p>Critical Criminology (D)</p> Signup and view all the answers

Which theory categorizes individuals as 'innovators', 'ritualists', 'retreatists', and 'rebels'?

<p>Strain Theory (C)</p> Signup and view all the answers

What was a primary function of police during the medieval period?

<p>Protect government interests. (A)</p> Signup and view all the answers

Which form of policing involves responding to crime after it occurs?

<p>Passive policing (B)</p> Signup and view all the answers

Which criminological perspective focuses heavily on the socio-economic class struggles?

<p>Critical Criminology (D)</p> Signup and view all the answers

What does the term 'social disorganization' in criminology refer to?

<p>The breakdown of social institutions leading to crime. (C)</p> Signup and view all the answers

What was the main purpose of the Rape Shield Law?

<p>To protect sexual history from being used against victims in court. (C)</p> Signup and view all the answers

How do environmental crimes, according to Green Criminology, primarily differ from conventional crimes?

<p>They often lack a clear perpetrator. (B)</p> Signup and view all the answers

What kind of policing does 'entrapment' refer to?

<p>Attempting to get a suspect to commit a crime. (B)</p> Signup and view all the answers

Which approach emphasizes that a person is more likely to continue criminal behavior after accepting a criminal label?

<p>Labeling Theory (C)</p> Signup and view all the answers

Which of the following is often considered a limitation of Classical Criminology?

<p>Favors harsher punishments without addressing root causes. (B)</p> Signup and view all the answers

What is the primary obligation of defense attorneys in a legal case?

<p>To protect their client within the law (D)</p> Signup and view all the answers

Which statement best describes the role of a judge in the courtroom?

<p>Serves as a legal expert and finds the law (D)</p> Signup and view all the answers

What is a nolo contendere plea?

<p>A plea where the defendant accepts punishment without admitting guilt (C)</p> Signup and view all the answers

What action allows a defendant to be released prior to trial based on their promise to return?

<p>Released on Recognizance (ROR) (C)</p> Signup and view all the answers

In a bench trial, who serves as the finder of fact?

<p>The judge (B)</p> Signup and view all the answers

What is required for an indictment to occur?

<p>Presentation of evidence to a grand jury (A)</p> Signup and view all the answers

Which of the following is NOT a duty of a federal prosecutor?

<p>Representing defendants in court (D)</p> Signup and view all the answers

What determines if bail will be granted to a defendant?

<p>The seriousness of the charges and community ties (B)</p> Signup and view all the answers

What is meant by judicial activism?

<p>Judges interpret laws according to personal or political views (D)</p> Signup and view all the answers

Which scenario illustrates an indigent defendant's rights under Gideon v. Wainwright?

<p>A defendant receiving government-funded legal representation (A)</p> Signup and view all the answers

What is the purpose of a motion for discovery?

<p>To obtain evidence from the prosecution (B)</p> Signup and view all the answers

Which factors influence a judge's sentencing recommendations?

<p>The defendant's personal history and societal context (C)</p> Signup and view all the answers

What happens during the initial appearance before a judge?

<p>Charges are read and bail is considered (B)</p> Signup and view all the answers

Which term describes when an attorney represents a defendant without compensation?

<p>Pro bono work (D)</p> Signup and view all the answers

What is the primary role of sheriffs in the context of policing?

<p>Enforce health codes and laws at the county level (B)</p> Signup and view all the answers

What is required for a police officer to conduct a search without a warrant?

<p>Probable cause (D)</p> Signup and view all the answers

Which of the following accurately describes the purpose of stop and frisk (Terry Stop)?

<p>Only requires reasonable suspicion (A)</p> Signup and view all the answers

How does police discretion affect interactions with the public?

<p>It allows officers to determine how to handle a situation (A)</p> Signup and view all the answers

What does the exclusionary rule entail?

<p>Evidence gathered unlawfully cannot be used in court (C)</p> Signup and view all the answers

In what situation is the use of force by officers generally allowed?

<p>When the suspect flees from a crime scene (C)</p> Signup and view all the answers

What distinguishes a uniformed officer from a detective?

<p>Detectives undergo specialized training for investigations (B)</p> Signup and view all the answers

Which division of police is primarily responsible for federal law enforcement?

<p>FBI (C)</p> Signup and view all the answers

What is the 'Fruit of the Poisonous Tree' doctrine?

<p>Evidence obtained unlawfully cannot be used, including subsequent evidence (A)</p> Signup and view all the answers

What does an officer need to conduct a legal traffic stop?

<p>Traffic violation or reasonable suspicion (C)</p> Signup and view all the answers

What typically differentiates specially trained officers, like SWAT, from regular police?

<p>They are trained for high-risk situations (B)</p> Signup and view all the answers

Which of the following describes a police officer's ability to handle criminal activity at their discretion?

<p>They can choose to issue a warning or citation (B)</p> Signup and view all the answers

What type of officer is primarily responsible for managing police budgets and personnel?

<p>Captain/Sargeant (D)</p> Signup and view all the answers

What principle does the 4th Amendment support regarding searches and seizures?

<p>Unreasonable searches and seizures are prohibited (D)</p> Signup and view all the answers

What is the primary goal of retributivism in terms of legal punishment?

<p>To respect individuals' choices in breaking the law (B)</p> Signup and view all the answers

Which punishment method was intended to serve as a lesson to the public?

<p>Execution (C)</p> Signup and view all the answers

What approach was characteristic of the Eastern State Penitentiary?

<p>Isolation for spiritual reflection (D)</p> Signup and view all the answers

What was a key feature of the indeterminate sentence system?

<p>Encouragement of good behavior for a potentially shorter sentence (A)</p> Signup and view all the answers

What major societal issue led to changes in prison labor models during the Great Depression?

<p>High unemployment rates affecting the economy (B)</p> Signup and view all the answers

Which movement challenged the effectiveness of traditional psychiatric rehabilitation methods?

<p>The Anti-Psychiatry Movement (B)</p> Signup and view all the answers

What was a consequence of the War on Drugs that took effect starting in the 1980s?

<p>Dramatic increase in the incarceration rate (B)</p> Signup and view all the answers

What is one argument against the private prison system?

<p>They encourage the imprisonment of more individuals for profit (C)</p> Signup and view all the answers

Which of the following describes the concept of 'prison industrial complex'?

<p>Government investment in prison infrastructure for economic growth (C)</p> Signup and view all the answers

What is a PSIR in the context of sentencing?

<p>Pre-sentencing investigative report detailing an offender's background (A)</p> Signup and view all the answers

What is the main focus of the Victim Impact Statement during sentencing?

<p>To convey the emotional and physical effects on the victim (B)</p> Signup and view all the answers

Which type of punishment is characterized by physical pain or disfigurement?

<p>Corporal punishment (D)</p> Signup and view all the answers

What practice emerged in the rehibilitative era of the early 1970s?

<p>Use of therapeutic methods in prisons (A)</p> Signup and view all the answers

What effect did the Quakers have on prison reform in the 19th century?

<p>They promoted a system of isolation and reflection (C)</p> Signup and view all the answers

Flashcards

Insanity Defense

A legal defense where the defendant argues that they were incapable of understanding the wrongfulness of their actions due to a mental illness at the time of the crime.

Duress Defense

A legal defense where the defendant argues that they were forced to commit a crime due to a threat of harm to themselves or others.

M'Naghten Rule

A legal rule that defines insanity as a mental state where the defendant did not know right from wrong due to a mental disease or defect at the time of the crime.

Durham Test

A legal test that aims to determine whether the defendant's actions were a product of mental illness. Essentially, was the crime a result of their mental illness?

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Necessity Defense

A legal defense arguing that the defendant should not be held criminally responsible because they were forced to act in a way to prevent greater harm to themselves or others.

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Pop.Minimum Security Prison

Federal prison camps with minimal security measures, often without guards or fences. Prisoners are less likely to attempt escape.

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Low Security Prison

Prisons with fences and guards, but with less concern about prisoner danger.

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Medium Security Prison

Prisons with higher security measures, often with stricter rules and a higher risk of violence.

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High/Maximum Security Prison

Prisons with the highest level of security, designed for the most dangerous and dangerous prisoners.

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Jail

A facility where individuals awaiting trial or bail are held.

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PCU (Protective Custody Unit)

A unit within a prison that provides protection to inmates who are at risk from other prisoners.

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Ad Seg (Administrative Segregation)

A form of solitary confinement for prisoners who have broken prison rules or require disciplinary segregation.

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Supermax Prison

A prison with the highest security level, designed for the most dangerous and violent prisoners.

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MOU (Memorandum of Understanding)

An agreement between different law enforcement agencies to work together on a specific objective or issue.

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Municipal Police Departments

Police departments that operate at the city level, usually responsible for law enforcement within their city limits.

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Sheriffs

Law enforcement officials elected at the county level, responsible for enforcing laws and health codes within the county.

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FBI (Federal Bureau of Investigation)

The main federal agency responsible for investigating crimes against the United States, including terrorism, cybercrime, and organized crime.

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Department of Homeland Security

The federal agency focused on protecting the United States from terrorism and other threats to national security.

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ICE (Immigration and Customs Enforcement)

The federal agency responsible for enforcing immigration and customs laws, including border security and the apprehension of illegal immigrants.

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CBP (Customs and Border Protection)

The federal agency responsible for protecting U.S. borders from illegal entry and smuggling.

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U.S. Secret Service

The federal agency responsible for protecting the United States financial system from fraud and money laundering.

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Uniformed Officer

A police officer who wears a uniform and patrols the streets, responding to calls for service.

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Detectives

Police officers who investigate specific crimes, gather evidence, and prepare cases for prosecution.

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Captains/Sergeants

Police officers who supervise other officers, manage budgets, and address issues brought by the city government.

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Special Weapons and Tactics (SWAT) Team

Specialized police officers trained in specific skills, such as handling hostage situations or controlling riots.

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Police Discretion

The flexibility and judgment police officers exercise when deciding how to handle situations, which can vary based on individual circumstances.

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Fourth Amendment

The Fourth Amendment to the US Constitution, which protects citizens from unreasonable searches and seizures by the government.

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Fleeing Felon Rule

A legal justification for police to use force against a suspect who is believed to be committing a crime and fleeing from the police.

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U.S. Attorneys

Federal prosecutors who are part of the Department of Justice, working under the Attorney General.

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Attorney General

The head of the Department of Justice, appointed by the President.

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Defense Attorneys

Legal professionals who represent clients accused of crimes, prioritizing their client's defense within legal boundaries.

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Zealous Defense

A legal strategy employed by defense attorneys to aggressively defend their client's interests within legal limits.

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Indigent Defendant

A defendant who lacks the financial resources to hire their own attorney.

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Gideon v. Wainwright

Supreme Court case that guarantees the right to legal counsel for indigent defendants in criminal cases.

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Public Defenders

Government-funded lawyers who represent indigent defendants.

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Contract Defense

Private law firms hired by the state to represent indigent defendants under a contract.

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Pro Bono Work

Lawyers who voluntarily represent indigent defendants in court, without receiving payment.

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Judge

The presiding officer in a court of law, responsible for ensuring the law is followed and making rulings on legal matters.

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Bench Trial

A trial where the judge acts as both the fact-finder and law interpreter, without a jury.

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Booking

The initial stage of a criminal case where a defendant is brought into custody and formally charged.

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Arraignment

A court appearance where a defendant is informed of the charges against them and enters a plea.

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Pre-Trial Motions

A request made by a lawyer to the judge before trial, seeking an advantage in the proceedings.

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Rational Egoism

A theory suggesting that individuals make rational decisions based on self-interest, weighing the potential benefits of crime against the risks of punishment.

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Deterrence

The belief that crime can be controlled by making the potential punishment for committing a crime outweigh the potential reward.

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Likelihood of Getting Caught

A theory that suggests the likelihood of getting caught is a more effective deterrent than the severity of punishment.

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Phrenology

An outdated theory that believed the shape of a person's skull could reveal their criminal tendencies.

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Atavism Theory

An outdated theory that stated criminals were biological throwbacks who were unfit for society.

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Neurocriminology

A field of study examining the role of genetics, neurobiology, and other biological factors in criminal behavior.

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Sociobiology

A theory that suggests human behavior, including criminal behavior, is influenced by biological factors and evolutionary processes.

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Psychological Theory of Crime

A theory that emphasizes the role of an individual's emotional and cognitive makeup in criminal behavior.

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Talk Therapy

A type of therapy that focuses on exploring and addressing unconscious conflicts and drives believed to contribute to criminal behavior.

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Behaviorism

A theory that views criminal behavior as a result of social and environmental factors, particularly learned behaviors and experiences.

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Differential Association Theory

A theory explaining criminal behavior as a result of individuals learning criminal techniques and motivations through interactions with others.

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Microtheory

A theory explaining criminal behavior that focuses on the individual and their personal experiences and motivations.

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Macrotheory

A theory explaining large-scale patterns and trends in criminal behavior, often related to broader societal conditions.

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Strain Theory

A theory suggesting that individuals commit crime when they are unable to achieve culturally valued goals through legitimate means.

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Social Disorganization Theory

A theory suggesting that crime is more prevalent in neighborhoods experiencing social disorganization, such as high poverty, residential instability, and weak social ties.

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Retributivism

A system focusing on punishment for breaking the law. It prioritizes respecting the individual's choices, even if those choices are harmful.

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Categorical Imperative

A universal moral principle that should guide all actions. It essentially says: "Do to others what you would want them to do to you."

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Penitentiary

A method of punishment that aims to rehabilitate offenders by allowing them to reflect on their actions and find spiritual redemption.

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Separate and Silent System

A system in prison where inmates are isolated and forced to reflect on their actions in silence, hoping for spiritual transformation.

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Indeterminate Sentence

A sentencing practice in prisons where the length of time served is not predetermined and can be adjusted based on the prisoner's behavior and cooperation.

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Prison Labor

A form of punishment where prisoners are put to work, often in labor-intensive jobs.

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Rehabilitative Era

An era in prison history focused on using psychological and psychiatric methods to rehabilitate offenders.

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Recidivism

The tendency for an offender to commit another crime after being released from prison.

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Mass Incarceration

A period of increasing incarceration rates, fueled by the War on Drugs and policies that focused on harsher sentencing laws.

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Neoliberalism

An ideology that believes private industries should manage as many public services as possible, including prisons.

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Private Prison

An arrangement where private companies contract with governments to build and operate prisons, often creating incentives to keep prisons filled.

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Prison Industrial Complex

A system where political and economic interests intertwine with the prison system, leading to policies that benefit certain groups by increasing incarceration.

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PSIR: Presentencing Investigation Report

A report prepared before sentencing, detailing the offender’s criminal history and background, and recommending a sentence based on this information.

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Victim Impact Statement

A statement read in court where the victim describes the harm they experienced because of the crime and its impact on their life.

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Reception Center

The initial processing area for new inmates, where officials assign them to different areas based on the risk they pose.

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Study Notes

Final Exam Information

  • The exam will be 60 questions, non-comprehensive, focusing on recent information
  • There will be 30 comprehensive questions, covering the entire course material, excluding names and real-world cases.

Criminal Law

  • Criminal justice system: connected institutions responding to crime
  • Legal definitions of crimes
  • Malum prohibitum: acts wrong due to being prohibited
  • Malum in se: acts inherently wrong
  • Natural law: a higher law to be obeyed even if it contradicts the law
  • Moral relativism: differing moral codes
  • Collective consciousness: social bonds within a society
  • Treason: crime defined by the constitution
  • Espionage: crime of spying
  • Tax evasion: actively trying to disrupt the US government
  • Sedition: crime actively trying to overthrow the American government
  • Victimless crimes: crimes against oneself rather than another person (ex: drug trafficking, prostitution)
  • Categorizing crimes by victim and location (street vs. domestic)
  • White-collar crime: crimes in the workplace for personal gain
    • Embezzlement
    • Ponzi schemes
    • Corporate crime (sophisticated cons)

Measuring Crime

  • Crime rate: often misleading or flawed
  • Older people are more fearful of crime, while young men are more likely to be the victims
  • Young women perceive and experience crime differently
  • Police data is sent for crime tracking statistics
  • Uniform Crime Report (UCR): over 100 years old. Free data source
  • National Incident Based Reporting System (NIBRS)
  • Differences in numbers between arrest and convictions
  • Crime rate statistics can be misinterpreted

Substantive Criminal Law

  • Actus Reus + Mens Rea = crime (bad act + mental state)
  • Actus Reus: committing a crime (ex: unlawful killing + malice aforethought)
  • Mens Rea: the intent to commit the crime
  • Example concepts: conspiracy to commit murder, attempt (trying to commit a crime but not finishing it), and solicitation

Criminal Defenses

  • Anything that exonerates a client or reduces punishment
  • Failure of proof: “I didn’t do it”
  • Not guilty vs. innocent (prosecution has to prove guilt beyond a reasonable doubt)
  • Justification: “I did it but it was the right thing to do” (ex: self-defense)
  • Self-defense
    • Last resort
    • Proportionate response
    • Reasonable belief
    • Non-aggressor

Criminal Behavior

  • Do people commit crimes because they are evil?
  • Enlightenment era philosopher
  • Jeremy Bentham

Theories of Crime

  • Biological/evolutionary theories: Phrenology and neurocriminology (racist comparisons of skulls)
  • Psychological theories: emotional/cognitive makeup of a person (ex: Sigmund Freud)
  • Sociobiological theories:
  • Sociological theories: Strain Theory, Structural Racism
  • Criminal behavior learned from others directly

Criminology – Specific Areas

  • Queer Criminology, Green Criminology, Critical Race Theories

Illegal Activities

  • Illegal waste dumping: disobeying environmental regulations

Criminal Justice Systems

  • Police function as the heart of the system
  • Handling people who step out of line—warnings, arrests, maintaining order
  • Public assistance, active vs. passive approaches (preventive measures)
  • Sting operations to entrap criminals
  • Formal policing: requiring bureaucracy, record keeping
  • Informal policing: providing flexibility with interaction

Federal Policing

  • Federal crime (19th - 20th centuries)
  • Mann Act
  • Creation of the FBI
  • The Volstead Act
  • Prohibition (banning of alcohol)
  • Federal officers took over the Volstead Act
  • Public interaction with police
  • Role of technology

Community Policing

  • Koban (police stations)
  • Building trust with community members
  • Broken windows theory: addresses issues in high-crime areas

Courts

  • Epistemology: study of knowledge and truth
  • Epistemological function: determining if guilty or innocent
  • Trials: ask a narrow question of whether person committed crime, often involving deliberation and discussion
  • Punitive function: determining degree of punishment
  • Apartheid
  • Truth and Reconciliation Commission (TRC): used in South Africa

Trials

  • Pre-trial motions
  • Indictment requirements
  • Bail amount and processes
  • Types of Evidence
  • Motion to suppress
  • Jury and jury selection
  • Closing statements
  • Re-evaluating trial decisions when legal errors were made

Appeals

  • Appellate courts review the lower courts' decisions
  • Reversal of a conviction due to legal mistakes

Punishment

  • Deterrence, rehabilitation, incapacitation, and retribution
  • Emmanuel Kant’s arguments for punishment
  • Punishments changed over time, such as from executions in public to being more private
  • Prisons and their functions
  • Prison Industrial Complex (incentivizes imprisonment due to financial gain)

Probation and Parole

  • Alternatives to incarceration
  • Incentives for good behavior in prison, parole and probation are monitored.

Restorative Justice

  • Focusing on healing the victims and offenders instead of punishment.

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