An Economic Theory of Crime and Punishment

Flashcards covering vocabulary and key concepts from the lecture on the economic theory of crime and punishment.

Deterrence

The principle that punishment should be imposed to discourage future criminal behavior.

Mens Rea

A legal term meaning 'guilty mind'; refers to the mental state or intent required to be found guilty of a crime.

Utilitarianism

A moral theory suggesting that actions are right if they promote overall happiness or utility; often contrasted with retributivism in legal theory.

Retributivism

A moral theory of justice that focuses on punishment as a form of moral revenge; the notion that punishment is justified because the offender deserves it.

Inchoate Crime

A crime that was begun but not completed; includes attempts and conspiracies.

Civil Wrongs

Harmful actions that cause injury to individuals, typically addressed through civil law rather than criminal law.

Optimal Amount of Crime

The level of crime that balances the social costs of crime and the costs of preventing it.

Social Costs

The total cost to society of criminal behavior, including harm caused by crimes and the costs of crime prevention.

Opportunity Cost

The potential loss of other alternatives when one alternative is chosen; in crime, this refers to societal losses when criminal activity prevents lawful economic activities.

Public Good

A commodity or service that is made available to all members of a society; often contrasted with private goods, which are exclusive to individuals.

Aggregate Crime

The total level of crime reported or predicted in a given society, reflecting both the number of crimes and their seriousness.

Preponderance of Evidence

The standard of proof in civil cases, where the evidence must show that something is more likely true than not.

Beyond a Reasonable Doubt

The standard of proof in criminal cases, which requires that the prosecution's evidence must leave jurors with a high degree of certainty of the defendant's guilt.

Recidivism

The tendency of a convicted criminal to reoffend, leading to repeated interactions with the criminal justice system.

Punitive Damages

Monetary compensation awarded in civil cases as a punishment to the wrongdoer beyond compensatory damages.

Victimless Crime

A crime that does not directly harm or violate the rights of another individual, often debated in terms of its legal status and moral justification.

Rational Choice Theory

An economic principle that individuals choose to act based on rational calculations of maximizing their benefits and minimizing their costs.

Strict Liability Crime

A legal designation for offenses where intent or mens rea does not need to be proven.

Criminal Sanctions

Legal punishments imposed by the state for violations of criminal law.

Disproportionate Punishment

Punishments that do not correspond appropriately to the severity or moral culpability of the crime committed.