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UNCW / Criminology and Criminal Justice / CRM 105 / What is the criminal law origins?

What is the criminal law origins?

What is the criminal law origins?

Description

School: University of North Carolina - Wilmington
Department: Criminology and Criminal Justice
Course: Introduction to Criminology
Professor: Randy lagrange
Term: Winter 2016
Tags: Criminal Justice, criminology, Introduction, crime, Justice, Law, Criminal, Judge, court, court cases, emile durkheim, Edwin Sutherland, Study Guide, and study
Cost: 50
Name: CRM 105 Exam 1 SG
Description: A study guide for Exam 1: Intro to Criminology. An overview of all the notes for this exam.
Uploaded: 02/04/2016
8 Pages 31 Views 4 Unlocks
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Ch. 1: Crime and Violence 


What is the criminal law origins?



∙ Main points:  

1. Poverty

2. Environmental issues

∙ Violent crimes less likely to cause death when compared to other causes (cancer) ∙ Victimization: infliction of criminal behavior on person, home, business ∙ Perception of Crime:  

1. Media

2. Friends/ family

3. Movies/ music

∙ Emile Durkheim: sociologist who said crime is present in every society, and would  be abnormal without it

∙ Why study crime:  

o Different rates- to see what rates of crime in particular society are o Cyclical- rates fluctuate (so is fear of crime, not just crime itself) ∙ VIOLATIONS AGAINST CRIMINAL LAW ARE VIOLATIONS AGAINST SOCIETY Definitions


What is the determinisms of criminal behavior?



Don't forget about the age old question of What does proto-indo-europeans, means?

∙ Crime: conduct or behavior that society prohibits to maintain order ∙ Criminal law (penal code): code that categorizes each type of crime and its  punishment  

∙ Felonies: crimes punishable by incarceration by 1+ years

o Misdemeanors: crimes punishable by less than 1 year of incarceration  (sometimes none)

∙ CRIMINAL LAW CONCERENED WITH GOOD OF ALL OVER DESIRES OF A FEW! History of U.S. Criminal Law

∙ Constant change: behaviors that were once legal are now illegal, and vice-versa  o As societies mature, become more complicated

o Ex: prohibition

∙ Criminalization: legislatures decision to make behavior a crime (illegal) ∙ Decriminalization: legislatures to decision to make behavior no longer a crime  (legal)


Who is cesar lombroso?



o Ex: marijuana in CO

∙ Evidence of social/ political history: concerns of society/ politics is reflected within a law

o Ex: prohibition 18th amendment/ Volstead Act 21st amendment  (Temperance Movement)

∙ Victimless Crimes: crimes where the victim and offender are same person, or in  which behaviors is consensual between BOTH parties (Ex: prostitution) Criminal Law Origins If you want to learn more check out What is the common theme among all of the social sciences?

∙ Romans/ Greeks

∙ English Common Law: law made by judges sitting in courts, applying legal  precedents; primary source of U.S. criminal law; most people knew of laws  (common knowledge) (was NOT written)

∙ Two Types:  

1. Mala in se: behavior that’s evil in and of itself; everyone agrees it’s wrong  (murder, theft, rape)

a. Number of these crimes stays constant If you want to learn more check out Why is the scientific method important?

2. Male prohibita: behavior that is prohibited by law (bribery)

a. Crimes Without Victims: gov’t tells us what our morals should be  (morality)

b. Political Offenses: behaviors that are threatening to gov’t (hacking,  seriously trasjing president)

c. Regulatory Offenses: actions by businesses that’s a threat to public’s  health, safety, welfare (pollution)

i. Regulatory Agencies created: laws passed by legislation;  

agencies with own rules/ regulations for punishments (NO TRIAL)

d. Increase in these offenses has risen concerns over distinction between  inappropriate behaviors and crime= lines become blurred

i. Over-criminalization: making something a law that necessarily  

shouldn’t be (texting while driving)

∙ Legalization: the legislative action to remove prohibited behavior from criminal law (make legal)

Explanations of Crime (Schools)

1. Classical (“Free Will School”): 18th century; crime results from conscience  exercise of person’s free will (their decision)  

a. All people are equal in their capacity to guide their conduct rationally and  make decisions

b. Today’s classical components: crime chosen by individuals with low self esteem and who want immediate gratification

c. Punishment based on crime, regardless of context/ perpetrator  

(punishment meant to deter violation by offender and others; set an  example) If you want to learn more check out How can individuals make informed choices?

d. Dissatisfaction at end of 18th century bc crime still widespread and  deterring didn’t work  

e. Jeremy Bentham and César Beccaria

2. Positivism: rise of social sciences (psychology, scientific method); individual  behaviors determines by internal and external influences  

a. NOT everyone is equal; Crime is a symptom of underlying problem b. Instead of punishment: reform and rehabilitation

i. Advocate for changing influences on individual and how they react  to them

3. Ethical: crime occurs when person fails to choose proper conduct a. Reason for crime: moral failure in decision making choice is the failure to appreciate an acts wrongfulness Don't forget about the age old question of What is a feedback control system and what is its importance?

b. Previous 2 schools inadequate bc external factors may play part, but they  do NOT cause crime to occur

c. Argues that people are incapable of deciding on ethical terms bc ethical  principles rarely taught bc people lack ethical thinking, base decisions off self-interest NOT the society

4. Structural Conflict: focuses less on behavior of individual and more on behavior  of law.  

a. Social, Political, and economic conditions cause certain behaviors to be  defined by law as criminal acts (panhandling)

i. Conditions also cause law to be applied in certain ways; Result:  

those in power define marginal behavior as criminal as way to  

control people!  

b. There’s little consensus within society on basic values: interest of those in power is imposed through criminal law

Determinisms of Criminal Behavior/ Explanations

Biological

∙ Biological Determinism:  

o Early positivists saw root of criminal behavior born to be criminal! ∙ Cesar Lombroso: people born criminals because the size of heads and body  measurements

o Heads/ brains tend to be slightly smaller

∙ Atavism Theory: criminals are “throwbacks” to earlier forms’ stages of primates/  human evolution Don't forget about the age old question of Customer equity means what?

∙ Recent Studies: chromosomal abnormalities, glandular dysfunction, chemical  imbalance, nutritional deficits… try to link these to social triggers (abuse, neglect,  poverty)

Psychological

∙ Looks into human psyche/ internal conflicts for cause of crime

∙ Freud:  

o Psychoanalytic Theory: see behavior as resulting from 3 components of  personality interacting

1. Id: instinctive/ animal-like drive for aggression/ sexual behaviors that  everyone’s born with  

2. Superego: acts as the conscience, reflecting the values a person develops early on

3. Ego: moderates the Id and Superego (balance) Personality imbalance  causes deviant behaviors!

Social  

∙ MOST common of explanations

∙ Appeared as response to inability of biological and psychological explanations to  account for (normal) reactions for ppl who are raised in dysfunctional societies/  communities

o Looks as environmental influences for affecting people’s behavior (how/  where raised)

∙ Types:  

1. Based on Learning: Edwin Sutherland theorized that delinquent behavior learned  (observation/ modeling)

a. Differential Association: become criminal when start to associate with people who condone crime more than those who don’t (amount of exposure  matters)

2. Blocked Opportunity: crime is a result of lack of access to legitimate means of  achieving goals

a. People don’t substitute these goals, but instead use illegitimate ways to  achieve it (steal)

3. Social Bonds: individuals bond with a society

a. When bond weakened/ broken, so is social restraint on behavior (more likely  to commit crime)

b. Four Elements: 1. Attachment to others (part of group) 2. Commitment to  conventional activities (youth group) 3. Involvement in conventional  activities (doing what society thinks you should) 4. Belief in widely shared  values

Ch. 2: Defining and Measuring Crime 

Types of Crime

1. Crimes against persons: violent crimes involving use of physical force (20%)

2. Crimes against property: property taken unlawfully and/or misused (80%) (Ex:  using school laptop for porn)

3. Crimes against public order: acts that disrupt peace in society (morality) (Ex:  improperly permitted protests, disturbances)

Definitions

∙ Criminal Homicide: includes both murder and manslaughter

o Murder: all intentional killings/ deaths that occur during dangerous felonies o Manslaughter: causing death recklessly/ intentionally under extenuating  circumstances

 Ex: someone breaks into home with weapon

NEED TO LOOK AT INTENTION/ UNITENTION!

 2 types of Manslaughter:  

1. Heat of Passion: loss of personal control or are provoked to non-normal  behaviors

2. Imperfect Self-defense: person responds to an unlawful act with excessive force

a. HAVE to have JUSTIFIED use of appropriate force!

Sexual Assault

∙ Rape: sexual intercourse without effective consent (no intoxication, appropriate  age, etc.)

∙ Sexual Assault: includes both rape and sodomy

o Sodomy: forced oral or anal intercourse with any object

∙ Statutory Rape: non-forcible sexual intercourse with a minor

o 16 y.o. in NC; limit to 4 yr age difference (16+20)

o 12 y.o. minimum age fore defendant to be prosecuted in NC

∙ Assault: distinguished by intent

o Simple Assault: physical thrust against another person with intent to injure o Aggravated Assault: additionally involves intent to seriously injure or kill ∙ Robbery: combination of 2 crimes, larceny and assault; consists of theft from  person involving threat and/ or force

o Threat must be serious enough to fulfill element of assault and involving  immediate harm

∙ Larceny: taking property of another with intent of depriving owner (if forced use=  robbery)

o Most common serious crime, but least likely to be reported

o If deceit/ trickery used= fraud, forgery, or embezzlement

∙ Burglary: unlawful entry for purpose of committing crime while inside o Breaking and Entering: no intent to commit crime

∙ Arson: burning of property without lawful consent of owner

o Accidental Fires: NOT arsons except under reasonableness standard  Reasonableness Standard: what any reasonable person would do  Measuring Crime

∙ National crime statistics kept since 1930 (police kept record of each incident) ∙ Uniform Crime report (UCR): an annual report sent to the FBI by all local police,  which is then sent out to public in 2 parts

o For multiple charge cases, UCR only uses the most serious charge in report 1. The Index Crimes: consists of the 8 most serious crimes: most focused on in  media (what’s used by media to tell how crime is trending)

1) Criminal homicide

2) Forcible rape (not  statutory)

3) Robbery  

4) Aggravated assault  

5) Burglary

6) Larceny

7) Motor vehicle theft 8) Arson  

2. Less serious offenses: crimes NOT in the index crimes

o Shows crime as trending DOWNWARD

∙ National Crime Victimization Survey (NCSV): developed as a response for more  accurate information for amount/ kinds of crime

o Call households (tens of thousands) and interview about crime that’s been  committed against/ by person

o More complete than UCR (reported and non-reported crimes) o Shows 2-3x more crime than UCR  

 Risk of crime related to: 1. Place of Residence 2. Income 3. Size of  household

o Also shows crime as trending downward

∙ Ways of counting crime:  

1. Type/ incident

2. Victimization

∙ Reasons for NOT reporting crime: o Embarrassment

o Public disclosure

o Know offender/personal  

relationships

o You may have been involved

3. # of arrests

4. # of convictions

o Property value NOT worth it o Fear/ mistrust of law  

enforcement

o Fear of retaliation (Ex: gangs)

∙ Crime Rate: based on amount of people in a geographical area (Ex: 1 out of 1,000) o Tries to calculate personal risk of crime

o MORE RELIABLE!

o Perpetrators and Victims

∙ Age: rates of victimization/ offenders is higher among teens and young adults o Reasons: more active/ mobile so more exposed to risk

∙ Gender: majority of offenders are male (Males arrested at greater rates) o Female involvement in crime has increased; females more likely to be  victimized

∙ Race: whites account for majority of index arrests (UCR) (Media portrays  minorities/ blacks as having more=wrong)

o Blacks more likely to be victims of violent crimes; Hispanic numbers growing, so perps and arrests are too

∙ Income: lower incomes more likely to be victims ($15,000 or less)  o Ch. 3: Sophisticated Crime 

∙ The most serious crimes occurring today!

∙ Includes: White collar crime, computer crime, hate crime (some), organized crime,  terrorism

∙ Common behaviors linking sophisticated crime: 1. Planning 2. Conspiracy o Conspiracy: 2+ people agree to commit crime, with excess planning and  preparation

o White Collar Crime

∙ White Collar Crime (WCC): crimes usually carried out during legitimate course of an occupation

∙ 3 Types:

1. Fraud: money is object (embezzlement, extortion)

2. Crimes Against Public Administration: attempt to impede governmental  process (bribery, obstruction of justice)

3. Regulatory Offenses: violations that circumvent measures designed to  protect public’s health, safety, welfare

a. Regulatory Agencies: made by gov’t to help make regulatory laws and  punishments no court/ trial (impede our rights?)

∙ WCC differs: in way carried out, given the opportunity

o Access to resources and opportunity to commit offenses (laptop, codes) o Difference NOT in harm/ violence caused, but by manner in which are carried out

∙ Facts:  

1. Can be committed by individual, organization, or group

2. Deception, trickery, fraud are at heart of crime

3. Most emanated from otherwise legitimate occupational activity 4. Sometimes lies on boarder between illegal and unethical

∙ 1. Types of WC Theft:  

1. Embezzlement: purposeful misappropriation of property entrusted to one’s  care or custody  

a. Ex: accountant takes extra $ from your account  

b. Essential element: violation of fiduciary trust (trust them with your $) c. Punishment: based on amount misappropriated ($500 vs. $5 million) 2. Extortion: obtaining property of another through persons consent when  consent given under force/ fear

a. Ex: threaten to rob/ hurt them unless pay you

3. Forgery: false making or altering of official document with intent to defraud a. Punishment: based on type of document forged

4. Fraud: purposeful obtaining of another person’s property through deception a. AT HEART OF CONCEPT OF ALL WCC!!

∙ 2. Economic and Political WCC:  

1. Bribery: voluntary giving/ receiving anything of value with intent to influence  action of public official  

2. Obstruction of Justice: intentionally preventing public servant from  performing official function

3. Perjury: making false statements under oath in official proceeding a. Punishment: based on type/nature of proceeding

∙ 3. Corporate Crimes (“regulatory crime”): dangerous/ unjust actions in conduct of  business

o Can either be by company or individual that does it for company’s benefit ∙ 5 Categories:

1. Administrative: failure to keep adamant records/ to get a permit a. Grocery store keeps records in case of outbreak

2. Environmental: emissions/ illegal dumping

a. Flint, MI

3. Labor: hiring practices, employees exposure to harm; everyone has “equal”  opportunity of getting job; businesses do what can to protect workers  (training)

4. Manufacturing: malfunctioning products

a. Ex: unsafe toys issue recall/ statement

b. If know about malfunction and do not issue recall, illegal

5. Unfair Trade Practices: monopoly, price fixing, bid rigging

a. Price Fixing: many companies get together and agree of price (usually  higher than should be)

i. NOT market-based price

b. Bid Rigging: putting in lower bid than other companies due to prior  knowledge of other’s bids

o Computer Crimes

1. Computer Is Instrument: computer used as part of crime (hacking) 2. Computer Is Object: someone steals/ damages computer (target of crime) a. MOST COMMON!

o Organized Crime

∙ Organized Crime: continuing criminal expertise that works to profit from illicit  activities often in great public demand

o Existence maintained through force, threats, monopoly control, corruption of  officials

∙ Main Differences from WCC:

1. WCC generally occurs as deviation of legitimate business

2. OC exists to profit from crime (wants to maintain crime)

∙ Categories:

1. Services: provision of illicit services that attempts to satisfy public’s demand  for services NOT permitted by society

a. Prostitution, loan-sharks

2. Goods: provision of illicit goods NOT permitted by society

a. Drugs, pirated DVDs

3. Infiltration: infiltration of legitimate business by use of threats/ force to take  over

∙ Crime Syndicate: system of loosely structures relationships of people or groups  involved in crime

o Hell’s Angels

∙ National and International Aspects: full extent not known due to: 1. Arrest data (not good indication of crime being committed)

2. Unreported crimes

3. Police activities (changing concentrations of police) (drugs, prostitution,  gangs)

4. Public attitudes (police change activities based on public)

∙ Transnational Crime: organized crime that takes place across 2+ countries (human  trafficking, drugs, illegal immigration)

o Terrorism and Hate Crimes

∙ Terrorism: crimes to intimidate/ coerce gov’t or it’s people from a political/ social  aspect (want to change people’s way of life)

∙ Hate crime: crime motivated by prejudice

o Religion, Sexual Orientation, Race

 Difference bt T and HC is the TARGET!

∙ Difference of T and HC from other crimes:

o Offender has no personal financial motives

o Reason is to make a POINT

o Relatively new in terms of tracking and specialization in criminal justice  system

∙ Trends:  

o Terrorism: since 1990’s, has been increasing

 More deadly behaviors

 Higher priority for law enforcement (EMPHASIS ON PREVENTION) o Hate Crimes:  

 Race: most towards blacks

 Sexual Orientation: most toward homosexuals (by anti-homosexuals)  Religion: most toward anti-Semitic (Jewish)

o

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