CJ Exam 2

psychoanalytic theory

A theory based on Frueds work that places emphases on early childhood experiences

ID

the part of the unconscious personality that contains our needs, drives, instincts, and repressed material

Ego

The rational side

Superego

Praises of admonishes

Social Economic

Kinds of places that "Breed Crime"

Crime rates in certain areas remain ____ regardless of who lives there

Constant

Neighborhoods with neighborhood watch have lower crime rates. True or False

True

Mertons Theory

"Deviant" behavior that results from the conflict between "shared values" and "unequal distributions"

5 modes of adaptation

conformist, innovator, ritualist, retreatist, rebel

Conformist

Conform to society (Chance to achieve AM dream)

Innovator

Innovate and engage in crime (Not afforded opportunities)

Ritualism

Given up on being wealthy (Hopes kids can achieve AM dream)

Retreatism

Retreat within themself. Often does substances (Given up on AM dream)

Rebellion

Defines success in a different way, rejects AM dream.

Hirschi's Social Bonding Theory

Bonds to prevent criminal activity

Hirschi"s 4 bonds

attachment, commitment, involvement, belief

Attatchment

How much do you care about what people think?

Commitment

How strong do you value society?

Involvement

How involved in society are you?

Belief

How much do you believe in societal norms

Critical Views

Crime is rooted in the way society is organized

Labeling Theory

a social theory that suggests that labeling people as criminals can lead to more crime

Conflict Theory

Class system (The rich and the Poor) causes crime

Feminist theory

What leads women to crime and the way they are victimized

Laws change according to

societal norms, cultural shifts, and technology

When were the first known laws?

Babylonian, Code of Harrambi

Hebrew Law

1200 BC, 10 commandments

Roman Law

~450 BC, The 12 Tablets

Code of Justinian

6th Century AD, All the laws and put them in one book

Trial by Ordeal

Guilty until proven innocent

English Common Law

System of case law

Case Law

Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.

Magna Carta

Nobody is above the law

Cesare Beccaria

believed that punishment should fit the crime, in speedy and public trials, and that capital punishment should be done away with completely

Specific Deterrance

Punishment directly from their own behavior

general deterrence

The threat of punishment should inhibit others from doing crime

Jeremy Bentham

Stressed rationary and opposed brutal punishment

Hedonistic Calculus

People will weigh the costs

Utilitarianism

The theory, proposed by Jeremy Bentham in the late 1700s, that government actions are useful only if they promote the greatest good for the greatest number of people.

Panopticon prison design

blueprint for current incarceration facilities

Constitutional law

Basis for US Law

Am Colonial Law

Influenced by puritanical beliefs

Federalism

Power and authority for writing laws is divided

5 goals of the law

deterrence, retribution, restitution, rehabilitation, incapacitation

Criminal Law

laws relating to criminal behavior

procedural law

Law that establishes the methods of enforcing the rights established by substantive law.

Substansive Law

Law that defines, describes, regulates, and creates legal rights and obligations.

Statuary Law

a law passed by the legislature

preemtive doctrine

Federal law is "the supreme law of the land"

Statues

formal rules adapted by a gov body

ordinances

statues at the municipal/city level

Civil Law

concerned with laws imposed by the states rather than moral law

Civil Courts

Smalls Claims Court, Compensary Damages

Punative Damages

Class Action Lawsuits

adminstrative law

Commission or board regulated by written statues

Elements of a Crime: Actus Reus

Wrongful behavior (guilty act)

Elements of a Crime: Mens Rea

guilty mind

Elements of a Crime: Causation

The act

Most common defenses

Accident, Durress, Self-defense, Necessity, Entrapment, Age, Developmental Disabilities, Insanity

M'Naughten Rule

Oldest legal test of insanity

Irresistable Impulse Test

Impulse telling them to do it

Durham Rule

If the act resulted from a mental disease or defect can't be guilty

Substansial Capacity

Lack of ability to understand what they did was wrong

battered woman syndrome

Developed in the 70s to excuse woman who killed their abusers

Habeus Corpus

A legal principle that requires authorities to show reasons why a person should be held in custody and to provide a speedy trial

Right to trial by jury

7th amendment

4th amendment

Protection against Unreasonable Search and Seizure

5th amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

8th amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Exclusionary Rule

Forbids use of evidence obtained in violation of defendants rights

Mapp v. Ohio (1961)

Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.

U.S. v. Leon (1984)

Established the "good faith" exception to the exclusionary rule

Miranda v. Arizona (1966)

Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Court's judicial activism in criminal rights.

Terry v. Ohio (1968)

Supreme Court decision endorsing police officers' authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity

Tennesee v Garner (1985)

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.

ex post facto law

a law that would allow a person to be punished for an action that was not against the law when it was committed

Borh

Earliest known system of policing in England. The borh was a unit that was responsible for policing and security which was generally a collective of 12 individuals who stood surety for one another's good behavior.

Frankpledge

A system in old English law in which members of a tithing, a group of ten families, pledged to be responsible for keeping order and bringing violators of the law to court.

Hundred

In medieval England, a group of 100 families responsible for maintaining order and trying minor offenses.

Parish Constable

Policing agent who operated in smaller towns. Initially elected by the parishioners, the parish constable was generally unarmed, unpaid, and part-time.

Shire Reeves

precursors to sheriffs

Watchman

a man employed to look after an empty building, especially at night.

theif takers

private citizens in England in the 17th century to whom the government paid a reward for the apprehension and conviction of criminal suspects

metropolitian Police Act

Created in 1829 by Sir Robert Peel, it was the first successful bill to create a permanent, public police force.

Colonial America and Policing

- Resembled English system, preference for minimal, local policing

- Formalized positions, appointed by governors and held by large landowners to protect their own lands

- Policing was strictly reactive, enforcement of law was selective and unequal

- Citizens had no respect for police, citizens did not necessarily want the laws enforced

Colonial Sheriffs Responsibility

catch religious non conformists (Witches)

Vigilantes

people who take the law into their own hands

Night Watch (1630)

See who is out and about

Slave Patrols (1704)

Regulated Slave Behavior

August Vollmer

Father of American Politicing

International Association of Chiefs of Police (IACP)

Advancing the science of Police work and fostering cooperation