CRJU 1

Actus reas

the physical part of the crime; the guilty act

mens rea

The "guilty mind"; intent or knowledge behind the act.

atavism theory

criminal behavior as a result of holdovers from earlier, primitive forms of human life.

-the person is not evolved, or adapted to the modern world

-Lombroso

behavioral theory

The psychological theory that argues that criminal behavior is learned through a series of rewards and punishments.

Castle doctrine

You have no duty to retreat in cases where you are at home

Classical Criminology

Criminological theories of the enlightenment era that sought to use reason to explain and prevent criminal behavior.

Common law

The legal tradition in England and the United States where courts determine the meanings of laws through a series of opinions or precedents that are binding.

Conformist

person who complies with accepted rules and customs

Conspiracy

a secret plan by a group to do something unlawful or harmful

Crimes agaisnt property

an attack on someone's stuff (theft, arson, vandalism)

Crimes against public order

offenses where the community in general is harmed (loitering, public intoxication)

Crimes against the person

crimes that direct violence or the threat of violence against others; also known as violent crimes

Crimes against the state

Crimes that hurt the government (examples: espionage, treason).

Criminology

the study of crime, criminals, law enforcement, and punishment

Dark figure of crime

Crime that is not reported to the police and that remains unknown to officials.

Defense

Anything in criminal law that exonerates someone or lessens their punishments

Deterrence

discouraging criminal acts by threatening punishment, make the punishment worse than the potential reward

Differential Association Theory

-a theory that states individuals learn deviant behavior from those close to them

-learning how to be a criminal

-influenced

Duress

An excuse defense: not responsible because they were forced or threatened

Emile Durkheim

It's not the act itself, it's how society responds to the crime

-Study what society thinks is a crime

Enlightenment

a movement that emphasized science and reason as guides to help see the world more clearly

Excuse

A legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

Expungement

A process by which the record of a criminal conviction is destroyed or sealed

Failure of proof defense

Failed to prove beyond a reasonable doubt that the actus reas was performed with an accompanying mens rea.

-"I didn't do it"

Felony

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

Hate crimes

attacks based on a person's race, religion, or other characteristics

hierarchy rule

In a multiple-offense incident, only the most serious crime is counted.

(UCR)

inchoate offenses

an offense not yet completed; no harm has been done. (incomplete crime): acts that are perfectly legal but don't hurt anyone, but can still be considered a crime.

-Solicitation

insanity

excuse defense; used to determine if you are responsible for your actions.

intent

it was your goal to do something. Breaks down into purposely and knowingly.

-arson; not wanting to kill anyone, knowing it will

Irresistible impulse test

a legal test for insanity that holds people to be insane at the time they committed a crime

-could you control your actions?

Jeremy bentham

wanted to make the government and legal system more rational rather than religious, and society would be better.

Get rid of superstitious ways of thinking

Use reason to explain criminal behavior

-Rational egoism + deterrence

Justification

-saying you committed the crime, but it was the right thing to do at the time

- examples: self-defense, necessity (lesser of two evils)

labeling theory

a concept in criminology that explains how being labeled as a "criminal" or "deviant" can influence a person's behavior.

learning theory

the idea that criminal behavior is learned through interaction with others, rather than being something someone is born with.

legal definiton of crime

Someone who violates the law

-Not wrong, but not right/limited because we often ignore minor infractions

life course criminology

studies how criminal behavior develops and changes over a person's life.

-why they begin/stop

-what events cause them to begin/stop

-experiences

M'Naughten Rule

A rule for determining insanity that asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong.

macro explanations

looks at crime from a large-scale, societal perspective, rather than focusing on individuals.

Focus on society or groups

-why men 18-25 commit crime

micro explanations

ooks at crime at the individual or small-group level, rather than at society as a whole.

Focus on individuals

-why a specific person commits crime

Misdemeanor

a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

-less than a year incarceration

moral definition of crime

Doesn't matter if it violates criminal law, matters if it is deeply immoral

Example: MLK, was a criminal by legal definition, but compared his actions to other "criminals" and said he was violating an immoral law.

NCVS (National Crime Victimization Survey)

An annual survey of selected American households conducted by the Bureau of Justice Statistics to determine the extent of criminal victimization

-cold call people and ask if you have been a victim of a crime, and if so, what was it?

Necessity defense

a criminal act is justified when undertaken to prevent an imminent, immediate, and greater harm

-better of two evils

Negligence (Criminal Stupidity)

she did not know that she was doing something wrong or dangerous but should have know that she was.

NIBRS (National Incident-Based Reporting System)

An incident based reporting system that collects data on every single crime occurrence.

-focuses on incidents and police reports

normative concepts

concepts which establish standards of normality or acceptable behaviour

-judges someone

omission

a failure to act

-becomes criminal when there is a legal duty to do so

phrenology

judging the shape of the skull, reflection of the brain determines criminal theory

priming

push-pull; setting up the answer in the question, influencing a particular response

proximate cause

The legal cause: the action that makes someone responsible for the crime

Psychoanalysis

a theory and method based on Sigmund Freud's ideas that seeks to understand criminal behavior by examining the unconscious mind, early childhood experiences, and internal conflicts.

rational egoism

always trying to find our own happiness and avoid pain. "an action is rational if and only if it maximizes one's self-interest".

rebel

a person who refuses to obey orders or the law

recklessness

No goal to kill, but there's a chance that you maybe could

Conscious risk creation: aware of risk

(drunk driving)

result crime

requires that the act cause a very specific harm and requires a specific intent

-prove that the act caused the death

retreatist

someone who rejects both societal goals and the accepted means of achieving them

-from strain theory

self-report study

Research in which individuals are asked about criminal offenses they have committed

social control theory

what is it that keeps most of us from committing crime?

-explains why people obey laws and conform to society, rather than why they commit crimes.

-Attachment

-Commitment

-Involvement

-Belief

social disorganization theory

it's not the people that are there, it's the social environment in which they live.

-Immigrants were said to be more prone to crime

-But, become law abiding citizens when they move out of bad influential areas, or learn overall norms.

sociobiology

Tries to explain human/social behavior by referencing to biological features

focusing on how natural selection shapes social interactions and behaviors through evolutionary principles

Men - testosterone- fighting

sociobiological criminology

a theory that explains criminal behavior as a result of biological and genetic factors interacting with social environments

Sociological Definition of Crime

views crime as behavior that violates the norms, rules, or laws of a society, rather than focusing solely on individual morality or intent.

Stand Your Ground Laws

statutes that allow citizens to use deadly force without attempting to retreat, even when they are threatened outside their homes

-expanded castle doctrine

-dont have to retreat anywhere you are lawfully allowed to be

strain theory

a criminology theory that explains why people commit crimes when they are under pressure or "strain" from society.

Robert Merton:

Societal goals vs. means - Society sets cultural goals (like wealth, success) and approved ways to achieve them (like education and work).

Strain occurs when people can't achieve goals legitimately - This gap creates frustration, which may lead to crime.

Strict Liability

Crimes that don't require a mens rea, only the actus reus

-Statutory rape

Transitional Neighborhood

Communities in these often don't speak English, or don't understand how American government or norms work.

Cultural/language difference that makes crime more appealing

treason

the crime of betraying one's country

Uniform Crime Report

a nationwide official crime statistics program in the United States, compiled by the FBI.

-provide a consistent, standardized measure of crime across the country.

-Includes reported crimes from law enforcement agencies

-dark figure of crime

Victimization Surveys

surveys in which people are asked whether they have been victims of crime

-asking people directly about their experiences as victims, rather than relying on police reports.

White collar crime

financially motivated crimes committed by individuals or organizations in positions of trust or authority.

-employee against the company for personal gain

ex: embezzlement, tax evasion, insider trading