JUST 225 - Test 1

three principle causes of quarrel

competition, diffidence, glory

competition

men invade for gain

diffidence

men invade for safety

glory

men invade for reputation

two cardinal virtues in war

force and fraud

right of nature

liberty each man has to use his own powe

law of nature

percept or general rule found by reason

difference of right and law

right consists in liberty whereas law determines or binds to it

naturally every man has right to every thing

even to one another’s body, no security to any man to live out a full life

the fundamental law of nature

seek peace and follow it, by all means we can to defend ourselves

the second law of nature

whatsoever you require that others should do to you you should do to them

what it is to lay down a right

to divest oneself of the liberty of hindering another and protecting his own right to do the same

contract

the mutual transferring of right

covenant

keeping of promise or faith

free gift

when right transferring is not mutual

commutative

consists in proportion arithmetical, placed in the equality of value of the things contracted for

distributive

consists in proportion geometrical, placed in the distribution of equal benefit to men of equal merit

procedural fairness

treating equal causes equally, essential to ethical reasoning

utilitarian reasoning

considers all those who might be affected and seeks the greatest good for the greatest number of people

duties

requirements that we owe to other human beings, non-human animals, or institutions

obligations

requirements that we voluntarily take on because of our agreements or roles

harm principle

people should be allowed to do as they will, provided that they do not harm others

bystander effect

people are less likely to offer help to a victim in the presence of other people

retributive justice

based on punishment of offenders rather than rehabilitation

traditional authority

transferrable typically by blood, divine right

charismatic authority

Trump, Hitler, Stalin, Clinton, Roosevelt

legal-rational authority

authority comes from institutions

equality of opportunity

equal access

equitable opportunity

fair chance

equality of condition

equal result

state

totality of a country’s governmental institutions and officials

nation

a group of people whose members share a common identity on the basis of distinguishing characteristics and a claim to a territorial homeland

political culture

the broad pattern of ideas, beliefs, and values about citizens and government held by a population

effective participation

a chance that you can change the outcome with your vote

enlightened understanding

need some level of transparency, facilitated by the media/press in the US

control of agenda

our concerns/interests are reflected in what’s happening in government

action-centered

about the act/choice

agent-centered

about the person

moral foundations

care, fairness, liberty, loyalty, authority, sanctity

virtue ethics (aristotle)

actions are not separated from one’s character; self-awareness is key

consequentialism

consequences of actions are the standard; “ends justify the means”

deontological (Kant)

morality of an action based on that action’s adherence to a rule/duty

utilitarianism (Bentham and Mill)

best moral action is one that maximizes human well-being

deviance

human behaviors or actions that are considered by others to be wrong, bad, or inappropriate

informal social control

staring, scorn, the cold shoulder, shunning, and telling people that they are doing something wrong

mala in se

acts such as murder, robbery, and rape are viewed as inherently evil and are thus often classified as serious crimes

mala prohibita

less serious offenses such as underage drinking, speeding, and loitering that aren’t viewed as inherently bad but should be prohibited by law

felony

a serious breach of law usually carrying a penalty of more than one year in prison

misdemeanor

a less serious crime usually carrying a sentence of less than one year in prison

macrolevel policies

public policies at the federal level

microlevel policies

public policies at the local level

classical school

the law should be applied evenly to everyone who breaks it

positivist school

preventing crime results from improving the social conditions that cause crime and not from stricter laws

retribution

a philosophy based on the belief that criminals should be punished because they have violated the law

deterrence

punishments should prevent crime by making potential offenders aware of the costs of crime

specific deterrence

deterring a particular offender

general deterrence

prevents people from committing crimes by showing the, through the experiences of other punished criminals, that crime does not pay

rehabilitation

views criminals as “broken” and seeks to “repair” them by reformation and treatment

incapacitation

the role of the criminal justice system is to separate or segregate criminals from the rest of society in order to protect society

dark figure of crime

the total number of unreported crimes

crime count

convey the total number of crimes reported over a given time span

crime rate

the number of events per 1,000 or 100,000 people (or residents)

official (reported) statistics

gathered from criminal justice agencies

self-reported statistics

gather from people by asking them to report the number of times they have committed a crime during a set period of time in the past

confidientiality

reports cannot be linked to specific individuals

victimless crimes

crimes without victim (e.g. illegal drug use or underage drinking)

victimization statistics

ask people if they have been victims of crimes during a past time period

crime control model

advocates the aggressive and quick apprehension, trial, and processing of criminals

due-process model

concerned with the process of justice and grants suspects many rights to protect them from overzealous investigation and prosecution

due-process revolution

a number of court rulings provided protections from the government for those accused of crime

civil rights movement

increased representation of people of color and women as criminal justice employees, and new policies on harassment

normative definition of crime

crime as violation of societal norms

legalistic definition of crime

conduct that violates criminal law, with no legally accepted excuse

consensus perspective

acts that shock the common conscience or collective morality

conflict perspective

definition of crime is an outcome of a power struggle

interactionist perspective

people act according to their own interpretation of reality/meaning

fourth amendmen

protect from unreasonable search and seizure

fifth amendment

due process, double jeopardy, self-incrimination, eminent domain

sixth amendment

trial by jury and rights of the accused; speedy trial, public trial, right to counsel

Furman v. Georgia (1972)

imposed a moratorium on the death penalty “arbitrary and freakish pattern”

bifurcated trials

the guilt phase and the penalty phase

restorative justice

focuses on the rehabilitation of offenders through reconciliation with victims and the community at large