CJ1310 – Introduction to Criminal Justice Exam 1 Study Guide

CJ1310 – Introduction to Criminal Justice Study Guide

Chapter 1: Understanding Crime and Law

  • Definition of Crime: The term "crime" refers to conduct that violates a law and is punishable by a governing authority.

  • Two Main Types of Crimes:

    • Mala in Se Crimes:

    • Definition: Crimes that are inherently wrong or evil.

    • Examples:

      • Murder

      • Rape

      • Robbery

    • Malum Prohibitum Crimes:

    • Definition: Crimes that are considered wrong because they are prohibited by statute, not because they are inherently evil.

    • Examples:

      • Driving without a valid license

      • Trespassing

      • Drug possession

  • Methods Used to Measure Crime:

    • Victimization Surveys: Surveys that ask individuals about their experiences with crime, regardless of whether these incidents were reported to the police.

    • bbExample: The National Crime Victimization Survey (NCVS).

    • Perpetrator Surveys: Surveys that gather data directly from offenders about their criminal behavior, motivations, and attitudes.

    • Police Reports: Official documentation of crimes reported to police, used to compile data for crime statistics and measure prevalence.

  • Public Order Crimes: Offenses that disrupt the peace and safety of society, often viewed as immoral but not directly harming individuals.

    • Examples:

      • Prostitution

      • Disorderly conduct

      • Public drunkenness

  • Serial Killers: They account for a small percentage of annual homicides in the U.S.

  • Application of Criminal Law by Courts: Courts interpret and enforce criminal statutes, establishing precedents through case law.

Chapter 2: Elements of Crime and Criminal Defenses

  • Elements of a Crime: Components necessary to establish that a crime has occurred.

    • Actus Reus: The physical act of committing a crime.

    • Mens Rea: The mental intent to commit a crime.

    • Causation: Required when establishing that the defendant's actions led directly to the outcome.

  • Types of Criminal Defenses:

    • Justifications: A defense asserting that the act was right under the circumstances.

    • Examples: Self-defense, necessity.

    • Excuses: A defense that claims the defendant should not be held accountable due to personal circumstances.

    • Examples: Insanity, duress.

    • Failure of Proof Defense: A defense arguing that the prosecution has not met its burden of proof and failing to establish the necessary elements of the crime.

  • Common Law: Legal principles developed through court decisions rather than statutes. Also referred to as judge-made law.

  • Self-Defense Claims: Cannot be claimed if a person was the initial aggressor or if the response was disproportionate to the threat.

  • Stand Your Ground Laws: Laws that allow individuals to use force without retreating in certain situations of threat, related to self-defense principles.

  • Malice Aforethought: A legal term indicating the Defendant's intent to kill or seriously harm, critical in differentiating crime degrees.

Chapter 3: Criminological Theories

  • Classical Criminology: A theory suggesting that individuals weigh the risks and benefits of their actions before committing crimes.

    • Jeremy Bentham's Contribution: Developed the utilitarian principle, arguing that the goal of the law should be to maximize happiness.

    • Assumption of Decision-Making: Individuals are rational beings capable of making choices based on consequences.

  • Freud’s Psychoanalytic Theory: Focuses on internal psychological processes.

    • Id: The primal part of personality driven by instinctual needs.

    • Ego: The rational part that mediates between desires and reality.

    • Superego: The moral conscience that guides behavior based on societal norms.

  • Biological and Psychological Theories of Crime: Examine how biological factors or psychological conditions may contribute to criminal behavior.

    • Atavism: A theory proposed by Cesare Lombroso suggesting that criminality is a regression to primitive behavior.

    • Phrenology and Eugenics: Early criminological theories; phrenology claimed to ascertain criminal tendencies through skull shape, while eugenics sought to improve human populations by controlling reproduction.

  • Sociological Theories of Crime: Explore how social conditions influence criminal behavior.

    • Anomie (Durkheim): A state of normlessness leading to a breakdown of social regulation, resulting in increased deviance.

    • Social Learning Theory: Suggests that behavior is learned through interaction with others rather than being biologically driven.

    • Marxism: Analyzes how economic power shapes crime and crime control, arguing that capitalist society generates crime due to inequality.

Chapter 4: Crime, Justice, and Society

  • Gendered Intersection of Crime: Examines how gender affects crime rates, experiences of crime, and policing approaches.

    • Radical Feminists: Advocate for examining how patriarchy influences crime and justice.

    • Queer Criminologists: Critique traditional criminology for failing to account for the experiences of LGBTQ+ individuals.

  • Race and Crime: Investigates the impact of race on crime, policing, and imprisonment.

    • Intersectionality: A framework that considers the overlapping social identities and how they contribute to unique experiences of discrimination; relates to the complexities of crime issues.

    • #BlackLivesMatter Movement: A impacts discussions on institutional racism and advocates for addressing systemic inequalities within the criminal justice system.

  • Legal Protections for Crime Victims: Various laws established to safeguard victims’ rights and interests within the criminal justice process.

    • Rape Shield Laws: Laws that prevent a victim's sexual history from being admitted as evidence in sexual assault trials, aimed at combating victim-blaming.

  • Environmental Crime: Crimes against the environment, including illegal dumping and poisoning water supplies.

    • Green Criminology: The study of environmental harms and their relationship to political and social structures.

  • Postmodern Criminology: Focuses on how social constructions influence crime definitions and perceptions.

    • Michel Foucault: His ideas about power, knowledge, and social control are pivotal in understanding postmodern criminological thought.

  • Felonies vs. Misdemeanors:

    • Felonies: Serious crimes typically punishable by imprisonment of more than one year.

    • Not minor infractions; include violence, theft of significant value, etc.

    • Misdemeanors: Lesser offenses punishable by less than one year in jail.

    • State Variation: Felony definitions and penalties vary by jurisdiction, leading to inconsistencies across states.

  • U.S. Constitution Definition of a Crime: Treason is the only crime explicitly defined in the U.S. Constitution.

  • Key Problems in the Criminal Justice System: Issues impacting fairness and effectiveness of the system.

    • Selective Law Enforcement: A type of enforcement where laws are applied unequally, often disproportionately affecting marginalized groups.

    • Rape Kit Backlog: Refers to the accumulation of untested rape kits. It is estimated that around 70% of rape kits go untested in some jurisdictions.

Key Takeaways

  • Variability of Crime Definitions and Laws: Recognize that legal definitions and perceptions of crime differ across regions and cultures.

  • Different Criminological Perspectives: Explore how various theories interpret crime and its causes.

  • Impact of Institutional Biases: Understand the negative influences of biases within the justice system on various demographics.

  • Importance of Legal Defenses: Grasp the necessity of defenses and justifications in court rulings and their significance in legal contexts.

  • State Role in Crime Definition: Analyze how government institutions shape crime definitions and enforcement based on broader socio-political contexts.