Sociology: Norms and Laws Overview

Norms, Mores, Folkways, and Laws

• Norms: Agreed-upon expectations, common and basic within a society; foundational to social interaction.
• Mores: Norms related to morality; govern serious violations of societal codes.
• Folkways: Norms governing everyday behavior; customs; less severe than mores.
• Laws: Formal rules enacted and enforced by government; define and specify offenses.

Types of Sanctions

• Informal sanctions: Everyday punishments for minor norm violations, used by most people.
• Formal sanctions: Government action for serious norm violations; when individuals cannot handle the situation themselves.

Criminal Law

• Criminal law: Regulations defining and specifying offenses public in nature and crimes against the state.
• Crime: An act prohibited or an omission required by law.

Types of Law

• Natural law: Conduct inherent in human nature, based on reason, intuition, inspiration.
• Positive law: Legislated and enforced by government.
• Common law: Law derived from customs, traditions, precedents; assists judges in legal decisions.
• Tort: Civil wrong allowing damages as a remedy.

Criminal Law Classifications

• Substantive criminal law: Defines crimes and specifies punishments.
• Procedural criminal law: Outlines investigation, adjudication processes.
• Felony: Serious crime, punishable by death or a year or more in prison.
• Misdemeanor: Less serious crimes, punishable by up to a year in prison.
• Infraction: Violation of local ordinance or state statute, punishable by a fine.

Criminal Law Categories

• Mala in se: Acts inherently wrong, by convention and tradition.
• Mala prohibita: Acts wrong due to laws against them.

Modern Crime Classifications

• Crimes against persons
• Crimes against property
• Public order offenses
• Moral offenses

Sources of Criminal Law

• Constitutions
• Statutes
• Court decisions
• Administrative regulations

Legal Principles

• Stare decisis: "To stand by things decided," adherence to precedents.
• Rule of law: No person above the law; law enforcers must respect the law.
• Jurisdiction: Authority of a government entity (e.g., court) over subject or area.

Branches of Government

• Legislative: Creates laws.
• Executive: Enforces laws.
• Judicial: Interprets laws.

Essential Elements of Crimes

• Actus reus: The criminal act (defendant's conduct or results).
• Mens rea: Culpable mental state (defendant's intent) at the time of the crime.

Motive vs. Intent

• Intent: Mental state to perform the act, different from motive.
• Motive: Reason for committing a crime; not a crime element.

Mental States

• General intent: Intent to commit the act required for the crime.
• Specific intent: Intent to cause a particular result.
• Constructive intent: Actions creating high risk of harm, even without intending harm.
• Transferred intent: Intending harm to one, but harming another.

Knowledge and Possession

• Scienter: Knowledge level for criminal liability.
• Knowing possession: Awareness of contents.
• Mere possession: Potential awareness of contents.
• Actual possession: Direct physical control.
• Constructive possession: Ability to control, not direct physical control.

Liability Without Fault

• Strict liability: Proof of act sufficient for liability (e.g., product liability).
• Vicarious liability: Employer responsible for employee actions.
• Enterprise liability: Corporations criminally liable for corporate crimes.

States of Mind

• Purposely: Desire for a specific outcome.
• Knowingly: Aware the outcome will likely occur.
• Recklessly: Actions increasing risk of harm.
• Negligently: Failure to perceive substantial risks.

Restrictions on Criminal Law

• Due process clause: 5th and 14th amendments; no deprivation of life, liberty, or property without due process (federal and state).
• 8th amendment: Prohibition against cruel and unusual punishment

Criminal Law Legality

• Vague statute: Meaning unclear, preventing reasonable interpretation.
• Jurisdiction: Court's power over subject matter or person.
• Venue: Geographic location for trial.
• Legality principle: Prevents punishment for lawful actions; requires advance notice of criminal conduct; prohibits "bills of attainder."
• Double jeopardy: Restrictions against double punishment for same offense.