Who is the Criminal? - Paul W. Tappan (Vocabulary Flashcards)

Vocabulary flashcards covering key terms and concepts from Paul W. Tappan's 'Who is the Criminal?' to aid study and exam preparation.

Crime (juristic definition)

An intentional act in violation of the criminal law (statutory and case law), committed without defense or excuse, and penalized by the state as a felony or misdemeanor; criminals are those adjudicated by the courts.

Criminal

The individual who commits acts of breach and has been adjudicated guilty beyond a reasonable doubt; the status of criminal is conferred by legal judgment.

White-collar crime (Sutherland)

A concept originally describing upper-class offenders who violate the criminal law (often by breach of trust) in business; later broadened to occupational wrongdoing, but often criticized for vagueness and non-criminal interpretations.

Conduct norms

General norms of behavior whose violations are studied to understand social control; not identical to crime but related to how society regulates behavior.

Anti-social conduct

Behavior that violates a social interest; not a fixed legal standard and often depends on subjective value judgments of investigators.

Social control

Processes and institutions (formal law, policing, courts, as well as informal mores) that regulate behavior and maintain conformity in society.

Ethology (social control)

In Tappan’s terms, the broader study of social control and conduct norms, including psychological and environmental factors related to conformity or nonconformity.

Legal norms

Substantive norms defined by law, more precise and detailed than general norms; enforcement through formal institutions; distinguishable from informal mores.

Mala in se

Acts that are inherently wrong from a moral standpoint, often discussed in relation to crime and moral norms.

Delinquency (juvenile)

A label used in broad statutory definitions to designate a child deemed anti-social or a behavior problem; adjudication as delinquent can influence future paths.

Juristic view of crime

The position that crime consists of acts adjudicated by courts and punished under criminal law; focus on legal status and formal definitions.

Legal lag

Legislative and juridical delays that can lessen the social value of legal norms, while law remains a central mechanism of social control.

Holmes’ bad man

Justice Holmes’ concept describing the ‘bad man’ motivated by disrespect for the law, illustrating how legal norms influence behavior.

Convicted criminals as a sample

Convicted offenders are a carefully selected sociological sample of law violators, valuable for study though not perfectly representative of all offenders.

Crime (juristic definition)

An intentional act in violation of the criminal law (statutory and case law), committed without defense or excuse, and penalized by the state as a felony or misdemeanor; criminals are those adjudicated by the courts.

Criminal

The individual who commits acts of breach and has been adjudicated guilty beyond a reasonable doubt; the status of criminal is conferred by legal judgment.

White-collar crime (Sutherland)

A concept originally describing upper-class offenders who violate the criminal law (often by breach of trust) in business; later broadened to occupational wrongdoing, but often criticized for vagueness and non-criminal interpretations.

Conduct norms

General norms of behavior whose violations are studied to understand social control; not identical to crime but related to how society regulates behavior.

Anti-social conduct

Behavior that violates a social interest; not a fixed legal standard and often depends on subjective value judgments of investigators.

Social control

Processes and institutions (formal law, policing, courts, as well as informal mores) that regulate behavior and maintain conformity in society.

Ethology (social control)

In Tappan’s terms, the broader study of social control and conduct norms, including psychological and environmental factors related to conformity or nonconformity.

Legal norms

Substantive norms defined by law, more precise and detailed than general norms; enforcement through formal institutions; distinguishable from informal mores.

Mala in se

Acts that are inherently wrong from a moral standpoint, often discussed in relation to crime and moral norms.

Delinquency (juvenile)

A label used in broad statutory definitions to designate a child deemed anti-social or a behavior problem; adjudication as delinquent can influence future paths.

Juristic view of crime

The position that crime consists of acts adjudicated by courts and punished under criminal law; focus on legal status and formal definitions.

Legal lag

Legislative and juridical delays that can lessen the social value of legal norms, while law remains a central mechanism of social control.

Holmes’ bad man

Justice Holmes’ concept describing the ‘bad man’ motivated by disrespect for the law, illustrating how legal norms influence behavior.

Convicted criminals as a sample

Convicted offenders are a carefully selected sociological sample of law violators, valuable for study though not perfectly representative of all offenders.

Actus Reus

The 'guilty act'; the physical element of a crime, requiring a voluntary action or omission.

Mens Rea

The 'guilty mind'; the mental element of a crime, referring to the defendant's intent or state of mind at the time of the offense.

Strict Liability (Criminal Law)

Offenses where the prosecution does not need to prove mens rea; the actus reus alone is sufficient for conviction, often for public safety offenses.

Common Law

A legal system based on custom and court rulings (precedent) rather than legislative statutes, originating in England and adopted in many former British colonies.

Statutory Law

Written law enacted by a legislative body at the federal, state, or local level, distinct from case law or common law.

Cesare Beccaria

An 18th-century Italian philosopher, author of 'On Crimes and Punishments' (1764), a foundational text for the Classical School of criminology, advocating for rational, humane, and proportionate punishment.

The Classical School of Criminology

A school of thought (mid-18^{th} century) emphasizing free will, rational choice, and deterrence through clear, swift, and proportionate punishments, heavily influenced by Cesare Beccaria and Jeremy Bentham.

Jeremy Bentham

An English philosopher and legal reformer, a leading theorist of utilitarianism, who advocated for legal and prison reform (e.g., the Panopticon) based on the greatest good for the greatest number principle (late 18^{th} - early 19^{th} century).

Mala Prohibita

Acts that are wrong because they are prohibited by law, not because they are inherently immoral; examples include traffic violations or drug possession.

Natural Law

A system of right or justice held to be self-evident and independent of human invention, often believed to derive from a divine source or inherent human reason, influencing the concept of mala in se.

Positive Law

Laws created and enforced by human institutions, such as governments; it is human-made law that obliges or specifies an action, often contrasted with natural law.

Due Process (Criminal Law)

Legal requirement that the state must respect all legal rights owed to a person, especially in criminal proceedings; ensures fair treatment and protects against arbitrary deprivations of life, liberty, or property.

Edwin Sutherland

An American sociologist (1883-1950) who coined the term 'white-collar crime' in his 1939 presidential address to the American Sociological Society, challenging traditional views of criminality.

Differential Association Theory (Sutherland)

Edwin Sutherland's theory (1939) proposing that criminal behavior is learned through interaction with others, primarily within intimate personal groups, emphasizing the frequency, intensity, duration, and priority of associations.

Corporate Crime

Criminal offenses committed by a corporation, or by individuals acting on behalf of a corporation, for the benefit of the corporation, often involving violations of environmental, financial, or safety regulations.

Occupational Crime

Criminal offenses committed by individuals in the course of their legitimate employment, for personal gain and in violation of their duty to their employer or client.

Emile Durkheim

A French sociologist (1858-1917) foundational to modern sociology, known for his work on social facts, mechanical and organic solidarity, anomie, and the functional role of crime in society.

Anomie (Durkheim)

A state of normlessness or deregulation in society, described by Emile Durkheim, which results from rapid social change or a mismatch between societal goals and legitimate means, leading to deviance and social disorganization.

Folkways (William Graham Sumner)

Everyday customs, traditions, and manners of a society, violations of which are not typically met with severe sanctions but may cause social awkwardness or minor disapproval (coined by Sumner, 1906).

Mores (William Graham Sumner)

Norms that are more strongly ingrained in a society's moral code than folkways; violations often carry significant social disapproval or moral condemnation, reflecting a society's fundamental values (coined by Sumner, 1906).

Sanctions (Sociology)

Mechanisms, either formal or informal, used by society to regulate behavior and ensure conformity to norms; can be positive (rewards) or negative (punishments).

Formal Social Control

Social control enforced by specific institutions (e.g., law enforcement, courts, correctional facilities) and codified laws, rules, or regulations, typically with official sanctions.

Informal Social Control

Social control exercised by society's members through social norms, values, and customs, without explicit laws or formal institutions; includes gossip, peer pressure, ridicule, or ostracism.

Travis Hirschi

An American criminologist known for developing Social Control Theory (1969), which posits that crime occurs when an individual's bond to society is weakened or broken.

Social Control Theory (Hirschi)

Travis Hirschi's theory (1969) that suggests individuals are less likely to commit crime if they have strong bonds to society, categorized into four elements: attachment, commitment, involvement, and belief.

Labeling Theory (Sociology)

A sociological theory (prominently developed by Howard Becker in 1960s) stating that deviance is not inherent in an act but rather a consequence of the application of rules and sanctions to an offender; societal reaction shapes identity.

Howard Becker

An American sociologist (born 1928) and key figure in Labeling Theory, known for his work on deviance, marijuana use, and 'outsiders,' emphasizing how society constructs deviance through labeling.

Frank Tannenbaum

An early 20^{th}-century sociologist who introduced the concept of the 'dramatization of evil,' a precursor to labeling theory, arguing that societal reaction to deviant acts can solidify a person's deviant identity.

Parens Patriae

A legal doctrine (originating in English common law) meaning 'parent of the country,' referring to the government's power to act as a guardian for individuals who are unable to care for themselves, particularly juveniles.

Juvenile Court (Establishment)

The first juvenile court was established in Cook County, Illinois, in 1899, signaling a shift from adult criminal processing to a rehabilitative approach for young offenders under the parens patriae doctrine.

In re Gault (1967)

A landmark U.S. Supreme Court case (1967) that ruled juveniles accused of crimes have many of the same due process rights as adults, including the right to notice of charges, counsel, confrontation, and protection against self-incrimination.