Criminology Final

Whats the difference between criminal and civil law?

Criminal law: addresses crimes against the state, (murder, assult, theft) aiming to punish offenders through imprisonment and fines in order to protect society, burden of proof is guilty “beyond a reasonable doubt”

Civil law: addresses disputes between individuals, (contract + property disputes) focusing on compensation and resolution, burden of proof is a “preponderance of evidence”

List examples of formal postive sanctions

winning an award, promotion, raises, recoognition ceremony

What was John Wayne Gacy MO?

He would typically flash a badge at kids or lure them in with a job opportunity in order to con them into getting close with him, once he’d gain their trust he’d take them to his home, get them high on alcohol, tell them how he’d dress up as a clown for charity events; he’d then ask them if they wanted to see a trick, then he’d handcuff them and strangle them with ropes.

What is mala in se?

Refers to crimes that are morally wrong wether or not they are speifically outlawed by law

How is the bill of rights connected to state power?

It is connected to state power because it protects individual rights from being violated by both the federal and state governments. It gives the freedom of speech as well as to a fair trial, along with other rights that are crucial to an individuals freedom.

What is the significance of the M’Naughten rule?

This rule can help determine wether a person can be held responsible for a crime if they were legally insane at the time. If an individual wasn’t aware of what they were doing or is unaware of what they did was wrong due to mental illness then they will be considered insane and sent to a mental health facility.

How many justices make up the Supreme Court?

9

What is considered circumstantial evidence?

This is indirect evidence that suggests something happened but doesn’t directly prove it, it still counts in court and an individual can be convicted based on if it is strong enough. (someone is seen running from the scene of the crime with a weapon)

What is Malice aforethoght?

Means a person planned or intended to cause harm or kill someone before doing it, proving the crime- usually murder- was not an accident. If convicted of this the punishment may be much more severe.

Definition of money laundering

It is the process of hiding the origin of “dirty” money: by putting it into financial systems (banks) and moving it around through transfers/ fake businesses, usually money that was required through illegal activities such as drug trafficking, fraud or theft.

What is victimology the study of?

It is the study of victims; usually focusing on the relationship betweem the victim and the offender

What is the purpose of a profiler in a criminal case?

They analyze evidence and behavior patterns in order to create a psychological, behavioral and demographic profile of an unknown offender. This helps law enforcement to narrow down suspects, understand the motives/habits as well as be able to predict future actions.

What is deviance?

It is acting in a certain way that differs from societys expectations of what is acceptable, may involve the violation of formal rules or informal societal norms

What is the significance of Roper v Simmons?

This US Supreme Court case took place in 2005 and ruled it was unconstitutional to impose the death penalty on offenders who were under 18 at the time of their crimes

Who were the founders of the positivist and classical theories?

Positivist founders: Cesare Lombroso and William Sheldon

Classical founders: Cesare Beccaria and Jeremy Bentham

How did the positivist theory differ from the classical theory?

classical theory: focused on free will and the belief that people are rational as well that punishments should be fair and serve as a deterrance

positivist theory: claimes that criminal behavior is caused by factors beyond a persons control (biology, social enviornment, etc) it focuses on the causes of crimes and rehibilitation rather than punishment

What is the difference between parole and probation?

Parole: it is granted by the parole board after an individual has served part of their scentence and has a record of good behavior, by staying out of trouble, participating in programs and working. If granted the offender is able to serve the rest of their scentence in society but under supervision- any violations in conditions of their parole may result in being sent back to jail

Probation: this is an alternative to jail and is granted by a judge due to the seriousness of the criminals crime as well as their criminal history and whether or not they are likely to follow probation rules. If granted that individual is able to remain in the community but under supervision and they are requiree to take part in community service programs or other programs that serve as deterants- fail to comply with rules will likely be sent to jail

When was Jeffery Dahmer active?

From 1978-1991

What was John Wayne Gacy known for?

John Wayne Gacy was known for being a serial killer and sex offender. John was convicted in 1980 for murders of 33 young boys pretending to be a killer clown, and manipulating them.

How did Charles Manson go about committing his crimes?

Charles Manson's crimes were not directly committed by him, but were orchestrated and directed by him, carried out by his followers, the Manson Family.

Give some examples of deviant behavior.

Some examples of deviante behavior include rape, murder, domestic violence, robbery, assault, assault, arson, vandalism, fraud, drug abuse, and animal cruelty.

What was the Mckeiver v. Pennsylvania case about?

The McKeiver v. Pennsylvania took place in 1971, and the Supreme Court addressed whether the Due Process Clause of the Fourteenth Amendment guarantees the right to a jury trial in state juvenile court delinquency proceedings. The Court ended up ruling that juveniles do not have a constitutional right to a jury trial in such.

What is the difference between visible crime and cyber crime?

Visible crimes are public offenses easily observed by others, like theft or assault. Cybercrime, involves illegal activities conducted using computers and the internet, including everything from hacking to online fraud

What is Negligence?

Negligence is failure to use reasonable care, resulting in damage or injury to another.

What are some examples of social norms in today's society?

Some examples of social norms in todays society include greeting people with a handshake, apologizing after a mistake, and respecting personal space.

What does the NCVS stand for and what is its purpose?

The NCVS stands for the National Crime Victimization Survey, and its primary purpose is to provide a national database of information on crime and its impact on victims.

What does GAL stand for and what is it?

A Guardian Ad Litem (GAL) is someone the judge appoints, to help a person who cannot protect their rights due to a mental issue.

What is the difference between Actus Rea and Mens Rea?

Actus Reus refers to the physical act or actual actions that crime consists of, while Mens Rea refers to the criminal intent or state of mind required for a crime.

What is an “MO” in a crime case?

In a crime case, "MO" stands for modus operandi, which is Latin for "mode of operation". It refers to a criminal's distinctive pattern of behavior when committing a crime, allowing investigators to recognize similar crimes as potentially the work of the same person.

What is an adjudication?

a formal judgment on a disputed matter.

Is a police officer allowed to search your home or vehicle without a warrant? What is this called?

No, this is called a warrantless search.

What does the fourth amendment say?

The fourth amendment ensures that no warrants will be issued unless they are based on probable cause, supported by oath or affirmation, and describe the place to be searched and the things to be seized with particularity.

What does the eighth amendment say?

The Eighth Amendment to the U.S. Constitution prohibits excessive bail, excessive fines, and cruel and unusual punishments. It also guarantees that bail, when set, should not be excessive.

What is duress and how does it affect a case?

Duress is the use or threatened use of force against someone to compel them to commit an unlawful act. It can be used as a defense in criminal cases, arguing that a defendant committed a crime because they were forced to do so by another person's threats or violence. If a defendant successfully proves duress, it can lead to the dismissal of charges, a reduced sentence, or a different outcome in court.

Explain the difference between criminology and criminal justice.

Stop and Frisk

situation where a police officer briefly detains a person and conducts a limited search for weapons based on a reasonable suspicion that the person is armed and dangerous or engaged in criminal activity.

victimology

the study of the victims of crime and the psychological effects on them of their experience.

mala in se

actions that are inherently evil or immoral, regardless of whether they are prohibited by law. These acts are considered wrong in and of themselves, often involving harm to individuals or property, and are universally condemned across cultures and time periods.

mala probhit

refers to acts that are prohibited by law but are not inherently immoral or evil. They are considered wrong because they are made illegal, not because they are inherently wrong in themselves.

Crimes without victims

refers to acts that are prohibited by law but are not inherently immoral or evil. They are considered wrong because they are made illegal, not because they are inherently wrong in themselves.

money laundering

the process of concealing or disguising the origin of illegally obtained funds, making them appear legitimate.

Miranda warning

the process of concealing or disguising the origin of illegally obtained funds, making them appear legitimate.

Probable cause

a legal standard used in criminal law to determine if there is a reasonable basis to believe that a crime has been committed or that evidence of a crime will be found.

preponderence of evidence

the party with the burden of proof in a civil case must present evidence that is more credible and convincing than the opposing party's evidence

Reasonable doubt

the party with the burden of proof in a civil case must present evidence that is more credible and convincing than the opposing party's evidence

reasonable suspicion

legal standard that requires a specific and articulable set of facts, leading a reasonable person to believe that a crime may be occurring or has occurred.

Supreme court

the highest judicial court in a country or state.

search

refers to the process of examining or looking for something within a court system, typically involving case files, documents, or information related to legal proceedings.

warranrless search

A warrantless search, in legal terms, refers to a search conducted by law enforcement without first obtaining a search warrant from a judge or magistrate.

8th amendment

prohibits excessive bail, excessive fines, and cruel and unusual punishments. It ensures that punishments are not unreasonably severe or disproportionate to the crime.