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What major social issue has led to public distrust in law enforcement in the 2020s?
Police brutality.
How does corruption among politicians and officials affect the legal system?
It undermines legal systems and erodes faith in justice institutions.
What has intensified public concern regarding crime in recent years?
The rise in mass shootings and violent public crimes.
What are the main challenges related to mass incarceration in the U.S.?
Overpopulation in prisons due to strict sentencing laws and punitive justice systems.
What are the two approaches debated in the context of punishment versus rehabilitation?
Punitive approaches emphasize retribution and long-term incarceration, while rehabilitative approaches seek to reintegrate offenders through education, therapy, and support.
What problems exist in the current prison environment?
Prisons often lack adequate mental health services, education programs, and transitional support, hindering rehabilitation.
What is a significant consequence of poor prison conditions on incarcerated individuals?
Mental health decline due to isolation, lack of support, and poor living conditions.
What does high recidivism rates indicate about the prison system?
It suggests that factors hindering successful reintegration into society are prevalent.
How can laws and definitions of crime change?
They can shift based on political circumstances, as seen with the changing legality of abortion across different U.S. states.
What does the First Amendment protect, and what are its limitations?
It allows individuals to freely express themselves but not when speech incites violence.
What factors make the boundary of incitement to violence unclear?
When the speaker did not intend to provoke violence, but their words could reasonably lead to violent actions.
What is typically required for speech to be considered criminal in criminal law?
Intent (Mens Rea) is typically required.
What is Actus Reus?
Guilty act or guilty deed.
What is Mens Rea?
Guilty mind or intent required to prove someone committed a crime.
What does criminology study?
The nature, extent, causes, and control of law-breaking behavior, focusing on law making, law breaking, and law enforcement.
What are the three levels of analysis in criminology?
Micro (individual), Meso (groups), and Macro (societal structures).
What are the evaluation criteria for criminological theories?
Logic, parsimony, testability, empirical validity, and policy implications.
How is crime defined?
Acts that are prohibited, prosecuted, and punished under criminal law, enforced by authorities with legal power.
What serious crimes are included in the Uniform Crime Reports (UCR) Index?
Murder, Rape, Robbery, Assault, Burglary, Larceny-theft, Motor vehicle theft, Arson.
What does Classical/Rational Choice Theory suggest about crime?
Crime occurs when individuals weigh the benefits against the risks and supports proportionate punishment to deter crime.
What are the components of deterrence theory?
Certainty (likelihood of being caught), severity (harshness of punishment), and celerity (speed of punishment).
What is the difference between general deterrence and specific deterrence?
General deterrence aims at the public, while specific deterrence aims at preventing individual reoffending.
What are Three-Strikes Laws intended to do?
Deter and incapacitate repeat offenders, leading to harsher punishment after three serious/violent crimes.
What are some issues associated with Three-Strikes Laws?
They assume rational behavior and can lead to over-incarceration and extreme sentences.
What are the consequences of over-incarceration and extreme sentences?
They lead to over-incarceration, extreme sentences, encourage worse behavior to avoid capture, and have dubious effectiveness.
What does empirical research say about the deterrent effect of capital punishment?
Empirical research shows no clear deterrent effect of capital punishment.
What justifications are commonly given for capital punishment?
Justifications include retribution for victims, symbolic justice for society, and the belief that some individuals are too dangerous for any other form of incapacitation.
Where did the structuring of government for law enforcement originate?
It originated in England.
Who developed the American concept of policing and where?
August Vollmer developed the American concept of policing in Berkeley, California.
What does Biological Theory suggest about criminality?
It suggests that criminality can be identified through physical traits, but this has historically led to harmful outcomes like eugenics and racism.
How are crimes defined?
Crimes are defined by legislation, specifically penal codes.
What is PC 187?
PC 187 is the statute defining murder.
What is considered a special circumstance in capital cases?
A drive-by shooting is considered a special circumstance in capital cases.
What is the significance of Brady v. Maryland (1963)?
It established that prosecutors must turn over exculpatory evidence to the defense.
What did Roper v. Simmons (2005) accomplish?
It banned the death penalty for juveniles.
What was the outcome of Gideon v. Wainwright (1963)?
It mandated that states must provide legal counsel to those who cannot afford one.
What are the three elements of Routine Activities Theory that contribute to crime?
A motivated offender, a suitable target, and the absence of a capable guardian.
What does empirical support for Routine Activities Theory indicate?
Empirical support for this theory is mixed and unclear.
How do Biological Theories differ from Rational Choice Theory?
Biological Theories emphasize biological determinism, while Rational Choice Theory assumes rational decision-making.
What role do hormones play in the context of crime according to the notes?
High testosterone levels may lead to more aggression, which could be linked to crime, but empirical support is low.
What is the relationship between IQ and delinquency?
Low IQ might be linked to delinquency, but empirical support is also low.
What is the link between Central Nervous System (CNS) arousal and crime?
Low baseline arousal may lead to thrill-seeking behavior, which has strong empirical support linking low resting heart rate to criminal behavior.
What is the concept of 'crime genes'?
The genetic link to crime is considered too indirect and complex to be practically useful.
What is Racist Determinism?
It mistakenly attributes causation to correlation and recognizes that race is socially constructed, not biologically fixed.
How is contemporary biological theory viewed in relation to biological determinism?
Contemporary biological theory often includes race as a factor but biological determinism itself is widely discredited.
What complexities are involved in human psychology and brain science regarding crime?
They include aspects like thought, mood, and personality.
What is the track record of FBI Profiling?
FBI Profiling has a mixed track record and has been notably incorrect in high-profile cases.
What does Psychoanalytic Theory suggest about the causes of criminal behavior?
It suggests that developmental trauma can cause psychological disturbances leading to criminal behavior.
What question does Psychoanalytic Theory raise regarding mens rea?
It questions whether an offender can truly have mens rea if a mental issue significantly contributed to the crime.
What are Trait-Based Theories and how are they evaluated?
Trait-Based Theories use personality assessments like the MMPI and CPI to evaluate psychological traits.
What might impulsiveness explain in the context of criminal behavior?
Impulsiveness might be seen as a reason for stealing, creating a circular explanation.
What does empirical support say about psychological interventions in reducing crime?
Empirical support is mixed, and effects are hard to generalize across individuals or settings.
Why is counseling often considered ineffective in preventing criminal behavior?
Counseling is promoted in policy but is not particularly effective at changing or preventing delinquent or criminal behavior.
What is the M'Naughten Rule?
A legal standard for insanity that assesses if a person was mentally impaired at the time of the crime.
What are the two key questions in the M'Naughten Rule?
1. Did the person understand the nature and quality of the act? 2. Did they know the act was wrong?
What happens if the answer to either question in the M'Naughten Rule is 'no'?
The person may be considered legally insane and not fully responsible for the crime.
What do Social Process Theories focus on?
They shift focus from the individual to broader social contexts, including individual, group, institution, and society.
What is the argument of Social Process Theories regarding criminals?
Criminals are not inherently different from non-criminals; crime is learned through social interactions.
What does Sutherland's Differential Association Theory state?
Criminal behavior is learned through interaction and communication with others, primarily in intimate personal groups.
What are the components of learning criminal behavior according to Sutherland's theory?
Learning includes techniques of committing crimes and motives, drives, rationalizations, and attitudes that justify criminal behavior.
What leads a person to become delinquent according to Sutherland's Differential Association Theory?
A person becomes delinquent when exposed to more definitions favorable to law-breaking than unfavorable.
What does Aker's Social Learning Theory add to Sutherland's ideas?
It incorporates reinforcement and imitation, with strong empirical support for behaviors like drug abuse and smoking.
What is Neutralization Theory?
It suggests that people drift in and out of criminal behavior, enabled by internal rationalizations that suspend moral restraints.
What are some Techniques of Neutralization?
1. Denial of responsibility 2. Denial of injury 3. Denial of the victim.
What does Control Theory focus on?
It focuses on what prevents people from committing crimes rather than what causes it.
What does Broken Bond Theory suggest?
Weak emotional ties, like attachment to parents, increase the risk of deviance.
What is Self-Control Theory?
It posits that crime results from low self-control, often stemming from poor childhood socialization.
What traits are associated with low self-control?
Impulsivity, desire for immediate gratification, low persistence, and risk-seeking.
What are some problems with Control Theories?
It is unclear whether bad parenting causes delinquency or if delinquent children elicit bad parenting.
What does Labeling Theory distinguish between?
It distinguishes between primary deviance (minor, often spontaneous rule-breaking) and other forms of deviance.
What is secondary deviance?
Deviance that occurs after a person is labeled and internalizes that identity.
What does Becker's Theory of Deviance suggest about powerful social groups?
Powerful social groups create rules and decide who breaks them, labeling rule breakers as 'outsiders' and reinforcing their marginalization.
How can prison act as a labeling mechanism?
Prison can create lasting stigma and lead to stronger identification with antisocial groups, as well as deviance amplification where punishment intensifies future deviant behavior.
What does Social Ecology Theory suggest about crime?
It suggests that certain physical locations are inherently criminogenic, linking crime more to environmental conditions than to the people living there.
What is Zone II in the context of Social Ecology Theory?
Zone II, or the 'transition zone,' refers to crowded slums filled with transient workers near factories, which consistently have higher rates of crime and social issues.
What is the ecological fallacy?
The assumption that what is true of a group applies to every individual in that group.
What is Strain Theory according to Durkheim?
Crime arises from anomie, a state of normlessness or disconnection from societal norms, often due to frustration from a gap between societal goals and legitimate means.
What are some modern examples of issues linked to societal disorientation?
Artificial Intelligence disruptions, toxic masculinity/alpha culture, overstimulation from instant connectivity, and adultification or infantilization of individuals.
How does Durkheim view crime in society?
Durkheim views crime as functional, reinforcing community values and social norms, promoting solidarity among non-offenders, and helping society adjust rules.
What are the different responses to strain according to Merton's Strain Theory?
Responses include conformity, innovation, ritualism, retreatism, and rebellion.
What are the three sources of strain identified in General Strain Theory?
Strain results from losing something valued, experiencing something negative, or being blocked from desired goals.
What policy implications arise from Strain Theory?
Reducing crime may require challenging cultural values like individualism and materialism, promoting cooperation, social connections, and humility.
What is the Marxist Theory of Surplus Population?
Capitalism relies on an unemployed 'reserve army' to control labor costs, marginalizing and criminalizing these individuals despite their structural necessity.
What do feminist theories of crime focus on?
They focus on understanding why men commit approximately 90% of crime, with some theorists arguing that men may be more criminal by nature.
What do radical feminists argue about crime?
Radical feminists argue that men are more criminal by nature.
How does the Social Ecology Theory relate to crime rates in urban areas?
It indicates that urban areas, particularly transition zones, have higher crime rates due to environmental conditions rather than the characteristics of the residents.
What is deviance amplification?
Deviance amplification is when punishment intensifies future deviant behavior more than the original crime warranted.
What is the significance of labeling in the context of deviance?
Labeling can create a lasting stigma that influences an individual's identity and future behavior.
What is the relationship between crime and community values according to Durkheim?
Crime reinforces community values and social norms, promoting solidarity among non-offenders.
What is the critique of Social Ecology regarding white-collar crime?
Social Ecology overlooks white-collar crime, raising questions about what qualifies as crime.
What are the characteristics of the 'transition zone' in urban sociology?
The transition zone is characterized by crowded slums, transient workers, and consistently higher rates of crime and social issues.
What does the term 'anomie' refer to in Strain Theory?
Anomie refers to a state of normlessness or disconnection from societal norms, often leading to crime.