CRM 220 Exam 1

crime is harm to society; unjust treatment / anything that brings harm to humans

Sociological Perspective

crime is harm to society; unjust treatment

anything that brings harm to humans

Psychological Perspective

Crime is maladaptive behavior.

Maladaptive: failing to adapt to new/difficult situations

Legalist Perspective

Crime is a conduct that violates criminal laws.

no legal definition = no criminal act

Political Perspective

crime is a socially constructed behavior.

power = definition of crime

folkways

non-binding social conventions

ex. appropriate dress, manners, hygiene

CASUAL

Mores

fixed, moral conventions; deeply engrained

ex. honesty, fidelity

BREAKING BRINGS SOCIAL PUNISHMENT

Moral Conviction

strong beliefs of right and wrong

feels absolute and universal rather than personal

Taboos

informal, socially offensive acts

ex. blood relatives cannot get married

Laws

formally written rules to be followed

Action is both deviant and criminal…

the action breaks a formal law and goes against social norms

deviant behavior

not illegal

likely goes against social norms

criminal behavior

illegal

breaks formal laws

definition of crime depends on…

time, place, and individual

How is the definition of crime subject to relativity?

crime is up to social interpretation

a social construct that changes depending on the context

conflict model of law

- society does not agree on right and wrong

- law is biased

- definition of crime is decided by ruling class to protect their own interest

- crime is a powerful tool for the rich

consensus model of law

• - everyone agrees on right and wrong

• - law is unbiased

• - law is applied equally

historical sources of law

-        Code of Hammurabi

-        Roman laws / 12 tables

-        The Bible

-        Natural law

-        Common law

Code of Hammurabi

retribution

roman laws / 12 tables

divided matters into public vs. private

the bible

Old Testament = retribution

New Testament = forgiveness, mercy

natural law

laws come from human nature and moral standards

• - uses universal reason and core ethics rather than governmental laws

common law

Laws are made using written rulings in individual cases

• - uses past court decisions as a point of reference in cases

modern sources of law

• - U.S. Constitution

• - Statutory Law

• - Case Law

case law

law that comes from the outcome of a case written by judges

• - based on judicial precedent and stare decisis

JUDICIAL

statutory law

written legislation formally enacted by a legislature

• -formally written down and passed

ex. speed limits, minimum drinking age

LEGISLATIVE

stare decisis

“to stand by things decided”

requires courts to follow historical precedents when making rulings on similar cases

• - case law

legal precedent

mala en se

inherently evil

• - criminal intent

ex. murder, rape, robbery, theft

mala prohibita

illegal but not necessarily evil.

• - doing the act constitutes the offense

ex. traffic violation, tax evasion

mens rea

MINDSET

guilty mindest

actus reus

ACTION

• - thoughts alone are never enough to constitute an actus reus.

pluralist theory of law

• - many groups compete for influence over the law

• - society generally agrees on processes to keep the system peaceful

• - law is constantly changing due to shifting power balances between interest groups

flaws of the UCR

• - crimes not reported to the police are not a part of the UCR

• - departments may record and report crimes differently

• - hierarchy rule

hierarchy rule (UCR)

if an offender commits multiple offenses, only the most serious crime is counted in the data.

mobilization of bias

the criminal justice system is structured to prioritize certain interests, behaviors, and groups while actively organizing other out of the political and legal agenda

True or False: the FBI’s UCR provides data on the type of crime committed and some offender characteristics?

True

How does the NIBRS count crimes committed in a particular offense?

based on the specific category of the crime

• - records every offense that occurs during the incident

• - unlike the hierarchy rule in the UCR

Self Report Studies tell us…

crime that is not reported to the police

Are the majority of rape offenses interracial or intra-racial?

intra-racial; the victim and the offender belong to the same racial group

percentage of homicide between strangers

13%

most common of all crimes

larceny

least reported violent crime

rape

malice

afore thought; intent to kill

robbery

unlawful taking or attempted taking of property from a person

VIOLENT CRIME

burglary