Exam 1 Study Guide
• Mala in se- offenses that are wrong by their very nature
• Mala prohibita- offenses prohibited by law but not wrong in themselves • NCVS- National Crime Victimization Surveys; interviews of samples of the U.S. population conducted by the Bureau of Justice Statistics to determine the number and types of criminal victimization, and thus, the extent of unreported as well as reported crime
• UCR- Uniform Crime Reports; annually published statistical summary of crimes reported to the police, based on voluntary reports to the FBI by local, state, and federal law enforcement agencies
• Occupational crime- a criminal offense committed through opportunities created in a legal business or occupation
• Organized crime- a framework for the perpetration of criminal acts providing illegal services that are in great demand
• Visible crime- an offense against persons or property that is committed primarily by members of the lower social classes. Often referred to as “street crime” or “ordinary crime”, this type of offense is the one most upsetting to the public If you want to learn more check out How has california’s energy use changed in the last 20 - 30 years?
• Crimes without victims- offenses involving a willing and private exchange of illegal goods or services that are in strong demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being harmed
• Political crime- an act usually done for ideological purposes that constitutes a threat against the state (such as treason) or a criminal act by a state
• Dark figure of crime- a metaphor referring to the significant yet undefined extent of crime that is never reported to the police
• White collar crime- refers to financially motivated nonviolent crime committed by business and government professionals
• Substantive criminal law- law defining acts that are subject to punishment and specifying the punishment for such offenses
• Actus rea- physical act of crime We also discuss several other topics like How did ralph emerson impact american society?
• Mens rea- mental intent of crime
• Attendant circumstances- the elements other than actus reus, mens rea and the result that define the crime
• Insanity defense- a defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease at the time of the criminal act
• Victimology- a field of criminology that examines the role the victim plays in precipitating a criminal incident and the impact of crimes on victims
• Criminogenic- factors thought to bring about criminal behavior in an individual
• Classical criminology- a school of criminology that views behavior as stemming from free will, that demands responsibility and accountability of all perpetrators, and that stresses the need for punishments severe enough to deter others
• Biological explanations- explanations of crime that emphasize physiological and neurological factors that may predispose a person to commit crimes
• Positivist criminology- a school of criminology that views behavior as stemming from social, biological, and psychological factors. It argues that punishment should be tailored to the individual needs of the offender
• Psychological explanations- explanations of crime that emphasize mental processes and behavior If you want to learn more check out Who qualifies for american with disabilities act?
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• Sociological explanations- explanations of crime that emphasize the social conditions that bare on the individual as causes of criminal behavior
• Social structure theories- theories that attribute crime to the existence of a powerless lower class that lives with poverty and deprivation and often turns to crime and response
• Social process theories- theories that see criminality as normal behavior; everyone has the potential to become a criminal depending on 1. The influences that impel one toward or away from crime and 2. How one is regarded by others Don't forget about the age old question of What are the major differences between giotto's and cimabue's madonna enthroned?
• Social conflict theories- theories that assume criminal law in the criminal justice system are primarily a means of controlling the poor and the have nots
• Learning theories- theories that see criminal behavior as learned, just as legal behavior is learned
• Control theories- theories holding that criminal behavior occurs when the bonds that tie an individual to society are broken or weakened
• Labeling theories- theories emphasizing that the causes of criminal behavior are found not in the individual but in the social process that labels certain acts as deviant or criminal
• Anomie- a breakdown in and disappearance of the rules of social behavior • Theory of differential association- the theory that people become criminals because they encounter more influences that view criminal behavior as normal and acceptable than influences that are hostile to criminal behavior
1. What is the conclusion concerning the relationship between controlling crime and protecting the rights of individuals in a democracy?
- The Due Process Model emphasizes justice as protecting the rights of individuals and reserving punishment for those who unquestionably deserve it.
2. Why are crime and justice considered public policy issues? If you want to learn more check out What is exchange?
- Because the government addresses them. Institutions and processes of government produce laws and define crime.
3. Which type of criminal law specifies certain behaviors as crimes and proscribes the possible punishment for committing these acts?
- Substantive criminal law.
4. What are the three elements of a crime?
- Social harm, physical act, and mental state (mens rea).
5. What are the defenses which may be used to show the lack of intent to commit a crime? - Duress (coercion), entrapment, infancy, mistake of fact, intoxication, and insanity.
6. How successful is the defense of insanity in criminal cases?
- The few defendants who are acquitted by reason of insanity are nearly always committed to a mental hospital.
7. Who is responsible for defining particular behaviors as crimes?
- It is defined by the elected representatives in the state legislatures and congress who make decisions about the behaviors that government will punish. 8. For which behaviors is there disagreement as to whether the behaviors should be crimes?
- Gambling, prostitution, drug use, and assisted suicide.
9. What are the various types of crime?
- Visible crime, occupational crime, organized crime, crimes without victims, political crimes, and cybercrimes.
10. Which type of crime is the least profitable?
- Visible crime.
11. What are some examples of crimes without victims?
- Gambling, illegal drug sales and use, and prostitution.
12. Who coined the term “white-collar crime”?
- Edwin Sutherland
13. How is crime measured in the United States?
- Uniform Crime Reports and National Incident-Based Reporting Systems. 14. What are index offenses?
- Criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny/theft, auto theft, and arson.
15. What is an example of a mala in se crime?
- Offenses that are wrong by their very nature such as murder, rape, and assault. 16. What is an example of a mala prohibita crime?
- Offenses prohibited by law but not wrong in themselves such as gambling and drug use.
17. What are some of the criticisms of the ways in which crime is measured in the United States?
- UCR- based on voluntary reports to the FBI by local, state, and federal law enforcement agencies. NCVS- interviews of samples of the U.S. population conducted by the Bureau of Justice Statistics to determine the number and types of criminal victimization, and thus, the extent of unreported as well as reported crime. The fact that the picture remains blurred and imperfect because of differences in the way crime is measured by the UCR and the NCVS, and because of flaws contained in the data reported by each of these sources.
18. According to published reports, is crime increasing or decreasing in the United States?
- Experts agree that, contrary to public opinion and the claims of politicians, crime rates have not been steadily rising.
19. Official crime data indicates which economic group is most likely to engage in criminal activity?
- Men aged 16-24.
20. Who is most likely to fear crime?
- Women and the elderly.
21. In comparison to males, how often are females arrested for committing crimes? - Women accounted for approximately 26% of all arrests with men responsible for the remaining 74%.
22. How does the United States’ crime rate compare to other countries? - Risk of lethal violence is much higher in the US than in other well established, industrial democracies, but is much lower than in industrialized countries. Lower rate of serious property crime and minor violence as well as homicide. 23. What are status offenses?
- An act that are not illegal if committed by an adult.
24. Who is most likely to commit status offenses?
- Female juveniles.
25. Juveniles are most likely to be arrested for what type of crime?
26. Which school of thought uses the scientific method to study crime? - Positivist criminology.
27. What are the major principles of positivist criminology?
- The major principles are: human behavior is controlled by physical, mental, and social factors, not by free will, criminals are different from noncriminals, and science can be used to discover the causes of crime and to treat deviants. 28. What are the major principles of classical criminology?
- The major principles are: criminal behavior is rational and most people have the potential to engage in such behavior, people may choose to commit a crime after weighing the costs and benefits of their actions, fear of punishment is what keeps most people in check, the punishment should fit the crime not the person who committed it, and the criminal justice system must be predictable with laws and punishments known to the public.
29. Which criminological theories assume that there are factors which predispose some people to commit crime?
- Biological explanations.
30. Which criminological theories assume that crime is caused by a mental condition, a personality disturbance, or limited intellect?
- Psychological explanations.
31. Which criminological theories assume that the lower class, especially the younger members, are the most likely to engage in crime?
- Social Structure Theories.
32. How have social structure theories been used to explain both lower class criminality and upper class criminality?
- Lower class suffers from poverty and good education; lacks good housing and political power. Upper class has more contemporary theories which measures success by wealth and power of those above them.
33. Which criminological theories assume that any person, regardless of education, class, or upbringing, has the potential to become a criminal?
- Social Process Theories.
34. What are the major propositions of the theory of differential association? - People become criminals because they encounter more influences that view behavior as normal and acceptable.
35. Which criminological theories assume that a person who has weak bonds to society is more likely to commit crime?
- Control Theories.
36. Which criminological theories assume that the actions of criminal justice officials are the major causes of crime?
- Labeling theories.
37. Which criminological theories assume that the criminal law and the justice system are designed mainly to control the poor?
- Social Conflict Theories.
38. What are some of the explanations used to explain female criminality? - Poor families, physical/substance abuse present. Number 1 explanation women’s equality.
39. What are the policy implications of biological, psychological, social structure, social process, and social conflict theories?
- Biological- identification/treatment or control of persons prone to rime, incapacitation, intensive supervision. Psychological: treatment to achieve mental health, those whose illegal behavior stems from learning should have their behavior punished, crime is not rewarded. Social Structure: actions should be taken to reform areas that breed crime. Social Process: treated in groups, emphasis on building conventional bonds and avoiding stigmatization. Social Conflict: reduce class based conflict and injustice.
40. Female victims of violent crime are most likely to be victimized by whom? - A friend or acquaintance (38.4%).
41. Which group of people in the United States is most likely to be victimized? - African American teens.
42. Who study the victims’ role in some crimes?
43. What have researchers found about the victims’ role in some crimes? - That many victims behave in ways that invite acts to be committed against them. 44. What rights, if any, do victims have in the administration of criminal justice? - Right to be reasonably protected from the accused; reasonable notice of any court proceeding, parole proceeding, release or escape of the accused; not to be excluded from any court proceeding unless attendance might affect victim’s testimony; reasonably heard at any public proceeding regarding release, plea, sentencing, or parole; to confer with the federal prosecutor; full and timely
restitution as provided by law; proceedings free of unreasonable delay; be treated with fairness and with respect for the victim’s dignity and privacy.
1. What is a cybercrime?
- Criminal activities carried out by means of computers or the internet. 2. What is the frequency and nature of various types of cybercrime?
- Cybercrimes occur often. These thefts can be aimed at simply stealing money or they can involve the theft of company trade secrets, chemical formulas, and other information that could be quite valuable to competing businesses. Others use computers for malicious, destructive acts, such as releasing Internet viruses to harm computer systems.
3. What is the relationship between social class and being a victim of identity theft? - Identity theft has become a huge problem affecting many middle class and affluent Americans who would otherwise seldom find themselves victimized by criminals.
4. How effective is the criminal justice system in preventing and controlling cybercrime? - Not very effective. Law enforcement agencies cannot prevent cybercrimes from occurring.
5. How do social media sites contribute to the chances of becoming a crime victim? - The increase global use of social media has made the chances of becoming a victim much higher.
6. Which constitutional amendment is mainly concerned with the use of technological innovations and the administration of criminal justice?
- The 4th Amendment.
7. Is it constitutional or unconstitutional for law enforcement officials to collect DNA samples from people arrested for committing a crime?
- It is constitutional.
• Due process model- a model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information
• Crime control model- a model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime; it emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders
• Arrest- seize someone by legal authority and take into custody
• Warrant- a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice
• Booking- a phrase that refers to the recording of an arrested person’s name, age, address, and reason for arrest when that person is brought to jail and placed behind bars
• Information- a document charging an individual with a specific crime. It is prepared by a prosecuting attorney and presented to a court at a preliminary hearing • Indictment- a document returned by a grand jury as a true bill charging an individual with a specific crime on the basis of a determination of probable cause from evidence presented by a prosecuting attorney
• Grand jury- a body of citizens that determines whether the prosecutor possesses sufficient evidence to justify the prosecution of a suspect for a serious crime • Initial appearance- a proceeding before a judicial officer in which the officer must decide whether a crime was committed
• True bill- an indictment that has been approved by a grand jury as based on enough evidence against the accused to justify a prosecution, signified by the jurors • Preliminary hearing- a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial • Arraignment- the court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty
• Trial- a formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil proceedings
• Bench trial- trial conducted by a judge who acts as fact finder and determines issues of law. No jury participates.
• Sentencing- declare the punishment decided for an offender
• Appeal- a request to a higher court that it review actions taken in a completed lower court case
• Corrections- the variety of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses • Parole- the conditional release of an inmate from incarceration under supervision after a part of the prison sentence has been served
• Bail- an amount of money specified by a judge to be paid as a condition of pretrial release to ensure that the accused will appear in court as required
• Eighth amendment- “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” It is meant to safeguard Americans against excessive punishments
• Preventive detention- holding a defendant for trial, based on a judge’s finding that, if the defendant were released on bail, he or she would flee or would endanger another person or the community
• Release on recognizance- pretrial release granted on the defendants promise to appear in court, because the judge believes that the defendants ties in the community guarantee that he or she will appear
• Bail reform act of 1984- requires courts to detain prior to trial arrestees charged with certain serious felonies if the Government demonstrates by clear and convincing evidence after an adversary hearing that no release conditions will reasonably assure the safety of any other person and the community
• Probable cause- reliable information indicating that evidence will likely be found in a specific location or that a specific person is likely to be guilty of a crime
• Delinquency- minor crime, especially that committed by young people • Status offense- any act committed by a juvenile that is considered unacceptable for a child, such as truancy, but that would not be a crime if it was committed by an adult • Petition- a written application from a person to some governing body or public official asking that some authority be exercised to grant relief, favors, or privileges
1. An arrest of a criminal suspect is based upon what legal criterion?
- Probable cause.
2. What is a warrant?
- A document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice
3. Who is authorized to issue a warrant?
4. How often are warrants used to arrest criminal suspects?
- Not often, most arrests are made without warrants.
5. A record of the arrest is called what?
6. How can the police instruct a person to appear in court as scheduled without booking him or her?
7. Approximately what percentage of cases brought by the police is dismissed by prosecutors?
8. Which model of the criminal justice system emphasizes the rights of defendants, and formal decision-making procedures?
- Due Process Model.
9. Who determines whether there is probable cause to proceed with cases to trial? - Judge.
10. Which step sets in motion the adjudication of a criminal case?
11. What is the purpose of the initial appearance?
- For the defendant to learn the charges against them, their constitutional rights, any bail options and other matters.
12. What is the purpose of the preliminary hearing?
- Allows the judge to determine if there is probable cause that a crime was committed and by the accused person.
13. Who decides whether there is sufficient evidence to proceed with a case to trial? - Grand jury.
14. Are citizens permitted to charge criminal suspects with committing a crime? If so, how is this accomplished?
- Yes, through the grand jury. An effort to reduce the risk of government officials over stepping their power.
15. What document is used by the prosecutor to charge a person with committing a crime? - Information.
16. At what stage of the criminal justice process are defendants asked to enter a plea of guilty or not guilty?
17. Most criminal cases are disposed of by what method?
- Plea bargaining.
18. What type of trial is conducted without a jury?
- Bench trial.
19. Which court official is responsible for imposing sentences?
20. On what grounds are appeals based on?
- Claim that trial court failed to follow proper procedures or that the defendant’s rights were violated by police, prosecutors, defense, of judges.
21. How often do convicted defendants win on appeal?
- About 20% of the time.
22. Which criminal justice agencies are responsible for carrying out a court’s sentence? - Prison, jail, probation, parole, community half way homes, and work release programs.
23. Most inmates are released from prison by what method?
24. Which model of the criminal justice system places less emphasis on the rights of criminal defendants and instead calls for efficiency in screening suspects, determining guilt, and applying sanctions to the convicted?
- The Crime Control Model.
25. What is bail?
- An amount of money specified by a judge to ensure that the accused will appear in court as required.
26. What is the purpose of bail?
- To make sure the defendant appears in court for trial.
27. Which amendment to the U.S. Constitution addresses the issue of bail? - The 8th amendment.
28. What are the two most important factors in setting bail?
- The seriousness of the crime and the defendants prior record.
29. Can bail be denied to some offenders? If so, which ones?
- Yes. Threats or flight risks.
30. Can defendants be released from pretrial detention without posting bail? If so, how can his be done?
- Yes, by pleading guilty.
31. Which type of bail returns a portion of the bond to defendants?
- Percentage bail.
32. What are the effects of remaining in pretrial detention?
- Psychological and economic hardships.
33. What roles do bail bondspersons play in the criminal justice system? - Private business people loaning money to defendants who lack bail payment. 34. The criminal justice caseload consists mainly of what type of cases? - Misdemeanors
35. Which method of case disposition is used by the crime control model to dispose of criminal cases?
- Plea bargaining.
36. Which method of case disposition is used by the due process model to dispose of criminal cases?
- A plea of guilty.
37. The juvenile justice system operates according to what theory?
- Focus primarily on the child.
38. Who file most complaints against juveniles?
39. In delinquency cases, the juvenile court processing begins with the filing of what document?
- Referral in the form of a petition.
40. Approximately what percent of cases is dismissed against juveniles? - 41%
41. What rights, if any, do juveniles suspected of committing a delinquent act have? - 4th amendment- unreasonable searches and seizures. 5th amendment- double jeopardy; self-incrimination. 6th amendment- right to counsel; public trial; trial by jury. 14th amendment- right to treatment.
42. Approximately what percent of juveniles suspected of committing a delinquent act is detained until the disposition of their cases?
43. In the juvenile justice system, what type of hearing is held to determine whether juvenile has or has not committed a delinquent act?
44. What are the ways in which a juvenile suspected of committing a serious crime can be transferred to adult court?
- Judge waives jurisdiction, let’s the prosecutors decide.
45. What percentage of delinquency cases are waived to adult court?
46. Which factors have been found to be significant in waiving juveniles to adult court? - The seriousness of the charge, the age of the juvenile, and the prospects of rehabilitation.