Criminology Exam 1

ACJS

Academy of Criminal Justice Sciences. Promotes criminal justice & criminology education, policy analysis & research for scholars, practitioners, & policy makers. Representatives of the state and have most likely been in the field.

ASC

American Society of Criminology. An international organization whose members pursue scholarly, scientific, & professional knowledge concerning measurements, etiology, consequences, prevention, control & treatment of crime and delinquency. (Code of ethics

AAFS

American Academy of Forensic Science, the largest forensic science organization in the world. Is a society for forensic professionals.

DOJ

Department of Justice. Head of CJ in America, governing body. To enforce the law and defend interests of the United States according to the law. To ensure public safety against threats foreign & domestic. To provide federal leadership in preventing & cont

FBI

Federal Bureau of Investigation. Collect Uniformed Crime Report data since 1930. Domestic intelligence & security service of the United States & it's principal federal law enforcement agency.

BJS

Bureau of Justice Statistics. Collect data on crime victims in the National Crime Victimization Survey. To collect, analyze, publish, & disseminate information on crime & the operation of the Justice systems at all levels of government. Collects data on v

NCVS

The National Crime Victimization Survey, administered by the Bureau of Justice Statistics, is a national survey of approximately 49,000 to 77,400 households twice a year in the United States, on the frequency of crime victimization, as well as characteris

ACIC

Arkansas Crime Information Center. The state agency responsible for providing information technology services to law Enforcement & criminal justice in Arkansas. Principal role of the comprehensive data system is that it is assessable by criminal justice a

UCR

Uniformed Crime Reporting. Has been the starting place for law enforcement executives, students of criminal justice, researchers, members of media, & the public at large seeking information on crime in the nation. FBI was tasked with collecting, publishin

NIBRS

National Incident Based Reporting System. Information on offenders and victims; not every state collects it though. Data collected on each single crime occurrence. Designed to be generated as a by product of local, state, & federal automated record system

AIBRS

Arkansas Incident Based Reporting System. (State Level).

Felony

More than one year in prison and/or more than a $1,000 fine. Sentenced to prison. A crime typically involving violence, regarded as more serious than misdemeanor and usually punishable by imprisonment for more than one year or death.

Misdemeanor

Less than one year in jail and/or less than a $1,000 fine. Sentenced to Jail. A minor wrongdoing; a non-indictable offense, regarded in the US as less serious than a felony.

Criminology

Study of crime; use of behavioral science to analyze and identify the causes of crime and devise methods for its prevention. Scientific study of crime, criminals, criminal behavior & the regulation of crime. Interdisciplinary. BLS (bureau of labor statist

Criminal Justice

Overarching system of police, courts, and corrections. Police, prosecution, courts, & correction. very applied in nature. It includes all of the institutions of government aimed at upholding social control, deterring & mitigating crime & sanctioning those

Criminalistics

Recognition, documentation, collection, preservation, and interpretation of physical evidence from a crime scene. Collects evidence, processes it & testifies in court. Natural sciences (anthropology). They make connections. Requires a science background (

Norms

Rules that govern our behavior. Formal: handbooks, laws, etc. informal: what you wear, eat, socialize, etc. (through a process of socialization what is appropriate & what is not.)

Mala in se

Crime that is wrong in and of itself. Inherently bad or evil behaviors by nature. Across all culture it is common that we should not do this. Murder/Rape.

Mala prohibita

An action criminalized strictly by statute and statutory law. What we say is wrong. Example: being able to wear a bikini in public, but not a bra and underwear & where you park your car.

Deviant behavior

Anything that strays from cultural norms. On a spectrum from somewhat acceptable to criminal. Are behaviors that violate norms. Deviant behavior is relative it is a person, place, times, etc. Comes in alot of forms and we are going to change our mind on w

Folkways

Informal rules that govern behaviors the customs or conventions of everyday life. Least serious norms. (Manners, dress style, raising hand to talk in class, etc). Ordinary Customs. People will just make fun of you.

Mores

Moral feelings about what you should not do. Many laws come from this. More strict than folkways, as they determine what is considered moral or ethical behavior. Shape our values, beliefs, behavior & interactions. (Moving in with a boyfriend, the belief t

Actus Reus

The criminal ("guilty") act; physical part of the crime. Intentional act. Thoughts are safe. You can think whatever you want and they can't do anything about it, as long as, you don't act on it or share it in anyway. Threatened, Attempted and Omission.

Mens Rea

Criminal intent; mental state of the person who committed the crime; "guilty mind". The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Exceptions: vicarious liability, felony-murd

Vicarious liability

When someone is held responsible for the wrongdoings of another person.Usually a company sued because of an individual's actions. When employers are held responsible for what the employee did. (Such as; serving alcohol to a minor).

Felony-murder rule

Any murder that takes place during the time committing or fleeing from a felony is still considered a felony murder, regardless of the intent. If you are committing a felony offense and a death occurs while you are committing the felony or fleeing you wil

Strict liability crimes

Didn't know the law or have intent but they are still held responsible for the act. Crimes you do without even realizing and just because you did it they assume intent. (Such as; jaywalking or speeding).

Victimless Crimes

Some part 2 offenses. Things like prostitution, gambling, etc that don't directly harm anyone. Still criminal because it hurts society. Are harder to identify & address it is usually crimes we do to ourself. Such as; gambling, prostitution, substance abus

Self-Defense

Forced to kill someone because they would have killed you if you had not.Must have no clear route of escape (does not include leaving the house). Cannot escalated the situation. The harm that I caused was because I was protecting myself.
Past: not first a

Laws

Set of rules made and enforced by social or governmental agencies. A law is a norm that is formally inscribed at state or federal levels & is enforced by police or other government agencies. Those who enforce laws have been given legal rights by the gover

Social Control

Informal and formal ways that society helps govern behavior. Formal agencies: police, courts, corrections. Representatives of the state. Have been permitted to use force and can take your life. Informal agencies: family, friend, peers, social institutions

Criminal Law and Civil Law Similarities

Control behavior. Applied to single act. Impose Sanctions (penalty is different though). Can be found innocent in one and guilty in the other.

Criminal Law

Crime is public and against the state. Sanctions include incarceration, loss of property, loss of life, and fines . Enforced by the state. Government won't appeal. proof must be beyond a reasonable doubt. Federal and state laws.

Civil Law

Private wrong. Sanctions include monetary payment to person who brought the suit. Individual enforcement. Both parties can appeal. Preponderance of evidence for proof. One set of laws.

Clearance Rates

Crimes cleared by the police as "solved" by either an arrest or exceptional means. Calculated by dividing number of crimes that have been cleared (a charge being laid) by the total number of crimes recorded. Manipulate how good they are doing in the commu

Clearance rate/Statistics for Violent Crimes

46% : 1.2 million violent offenses in United States (2016). Slight increase, but still not as bad as it was. 400 per 100,000 Americans are victims. Assault is 2/3 of offenses, then robbery, rape, and lastly murder. Murder is often rare there is like a 1%.

Clearance rate/Statistics for Property Crimes

19% : 8 million property offenses in United States (2016). 2,500 per 100,000 Americans are victims. More than violent. Larceny-theft (71.2%), then burglary, motor vehicle theft, Arson is limited to willfully setting fires. Property Crime Losses 15.6 billi

Hidden Crime

Crime people do not report and that police do not know about. Victim surveys can help with this. Amount of undiscovered or unreported crimes. What percentage of crimes did I report? less than half (victimization). So how do we expect them to help? 42.1 of

Index Crimes

Part 1 crimes in the UCR that are used to construct the violent crime and property crime indexes. Big 8: 4 property (larceny-theft, burglary, arson, motor vehicle theft) & 4 violent (murder, rape, robbery, assault).

Hierarchy Rule/Offense

In a multiple-offense incident, only the most serious crime is counted. They usually do the worst crime when multiple crimes are committed by a single or group of people during the same basic period of time and location. The SRS uses hierarchy rule to det

Statutory Rape

Sex with any person underage, especially under the age of 14. Any person under the age of consent is deemed to be mentally incapable of consenting to sex. Adult having sex with a minor is statutory rape. Has to be older than 14 to give consent. Even if th

Aggravated

Any time of crime that involves the threat or use of a weapon. Made more serious by attendant circumstances. Made more serious in recognition of the seriousness of an offense. Presence of a weapon.

Status Offense

An offense that is only applicable to someone that is under age. Is a non criminal act that is considered a law violation only because of their status as a minor. Curfew violation.

Jacobson vs. US

Established the defense of entrapment. Jacobson purchased a magazine that had nude photos of minors (boys). This was back when you could get child pornography through the mail, when the post office saw what he had ordered, they started to send him alot of

Class Y felonies

Murder in the 1st degree. Capital murder. Kidnapping. Aggravated robbery. Rape. Arson if the damage exceeds $100,000. Batter a police officer. These are the most serious crimes.

Functions of Social Control or Law

Protect citizens. Stability. Decrease retribution. Express public opinion. Punish wrong doing. 1) social control: tell you what you can't and can do (govern behavior). 2) banishes personal retribution: back in the day if you violated me & my family, then

Elements of the Definition of Crime

1) Intentional act
2) Mens rea
3) Concurrence of act and intent
4) Harm occured
5) In violation of a law
6)Punishable
7) Felony or misdemeanor
8) Without justification of defense

Without justification or defense

you can use religion as a defense to neglect a child. Infancy, Insanity, Biological Defenses, Mistake, Rough Sex Law, etc.

Felony v. Misdemeanor

A felony is a serious crime, for which a defendant can be sentenced to one year or more in prison. A misdemeanor is a less serious crime, often punishable by a year or less in a county jail. Difference between a felony and misdemeanor is based on the puni

Intentional Act (actus reus)

guilty act"; thoughts are safe. You can think whatever you want & we can't do anything about it unless you share it in some way.
ACT: 1) completed acts. 2) threatened acts. 3) attempted acts. -- you can get in trouble.
OMISSION (failing to meet your obli

Concurrence of Act and Intent

You have to have a concurrence of both intent and act. Both Mens rea and actus reus. Sometimes you can be in trouble although you don't have the intent, just because you were acting in a negligent way. Manslaughter has more mens rae.

Harm occured

some type of harm. easy to see when someone is bleeding or property is damaged. victimless crimes are harder to identify & address.

In violation of law

in violation of a criminal law. we have a law against it. alot of behaviors we can do because there isn't a law against it. we can change our mind and end up changing the law.

Punishable

Punishment or negative sanctions. Probation (penalty associated with law). warning. Penalty isn't very effective.

Transferred intent

Tried to harm one person and accidentally harmed someone else. This is the bad aim one. You may not intended to hurt that person, but since you meant to hurt this person and accidentally shot the other person, you will get charged.

Defense: Infancy

Too young to be punished. Under 7: usually no criminal charges because they lack criminal intent, but the state may still intervene through DHS & Therapy. 14-17: may waive child into adult courts because they give up the idea of rehabilitation. Age as a d

Defense: Insanity

Legal defense that deals with people who cannot be responsible for their criminal act because of an episodic or persistent mental defect. Courts determine. 1) M'naghten Rule (1843). 2) Irresistible Impulse. 3) Durham Rule (1954). 4) Temporary Insanity 5)

McNaughten Rule

Didn't know between right and wrong. Murdered secretary of the prime minister of England. Shouldn't be held accountable cause you didn't know the difference between right and wrong, because they were so outraged. How can you punish someone who didn't unde

Irresistible impulse

Know it's wrong but truly can't help but do it. Maranna Bobbit- she cut off her husbands penis while he was asleep on the couch & her defense was that he would beat her and cheat on her and she was afraid he would kill her. Officer-On-Elbow: you'd still d

Durham Rule

Behavior due to a mental disease or defect. You have a mental disease or defect. Schizophrenia, Bipolar, etc. Nebraska (football player) hurt his leg and had to sit out. When they were leaving the basket ball game, he was getting very agitated in the car

Temporary insanity

Sane, but had a break from reality, and then went back to being sane. Sane-Sane-Insane-Sane-Sane: you think you can flip it off and on. That it won't happen again. But, public and courts cant expect it will only happen one time. DOES NOT WORK NOW. IT WAS

PTSD/ Battered person

Slow, cumulative stress that builds up and eventually manifests itself through criminal burst of activity. There is a cumulative effect that certain things build up then finally something triggers it. It is often something minimal that triggers you (sitti

Duress and or coercion

Forced to do it because of a threat of harm; can be used unless it is a truly violent act. I didn't have a choice. I was being forced. Such as; breaking into a store to steal food for the kids or saying the gang was going to kill you if you didn't harm th

Entrapment

Would have never committed the act if they hadn't been truly coerced into doing it. Jacobson V. US (1992): I would have never done this if I wasn't set up. The prosecutor has to prove you'd do it either way.

Symbolic Interactionism

Micro theory. Laws are agreed upon rules of interaction. A social negotiation. Folkways. Mores.

Structural-functionalism or consensus theory

Macro theory. Laws are too severe the greater public and maintain stability. Laws: to serve society & enforce stability for the good of everybody. If we play together nicely we will have a nice society that everyone benefits from. Durkheim argues rules ar

Mechanical society

Rural. Share a likeness. High solidarity. Collective conscious. Laws are very repressive.

Organic society

Urban. Division of labor. Symbiotic relationship. Law is based on restitution.

Conflict theory

Mecro theory. Why are some people and behaviors seen as criminal? Law as a means of social control. Law is a means of social control used by people in power to protect self & takes advantage of the poor. K Marxs. Shifts in power = Shifts in law. Baby boom

How to measure crime

Self-Report. Official statistics. Victimization studies.

Manslaughter

Excuse for doing it. No preponderance. Based on emotional state at the time.

Negligent Homicide

Negligent in use of operation a motor vehicle (boat, car, plane). Usually alcohol involved.

Physician Assisted Suicide

Exactly as it sounds. Physicians prescribe someone pills that could kill them to help them commit suicide.

Rape

Deviant sexual activities, forceable compulsion, incapable of consent, less than 14 years old. Rape in the past only accounted for female & then they changed it to anyone who had sex with someone who didn't give consent.

Battery

Use a weapon to disfigure, injure, or cause harm to someone. Carrying it out.

Robbery

Threat or use of violence while trying to steal something.

Larceny-theft

Stealing things or tricking people in to giving you things with the intention of not giving it back. Theft by receiving.

Burglary

Enter in or remain unlawfully somewhere you should not be for the purpose of stealing things. Structure you go in to commit a crime. Residential burglary is more severe than commercial burglary.

Motor-Vehicle Theft

Unauthorized use of a vehicle. Range from using a car without consent to stealing the vehicle.

Arson

Destruction of property with fire or negligent use of fire.

Capital Murder

only one punishable by death.

Cleared by Arrest or Solved

The classification assigned to an offense when the suspect has been arrested and there is sufficient evidence to file a formal charge. In the UCR program, a law enforcement agency reports that an offense is cleared by arrest or solved for crime reporting

Cleared by Exceptional Means

police can demonstrate who committed the crime but for any of several reasons cannot pursue the case further. In certain situations, elements beyond law enforcements control prevents the agency from arresting & formally charging the offender. Agency must

3 paradigms of sociology

micro - symbolic interactions.
macro- structural functionalism (consensus theory).
mecro- conflict theory.

Socialization

the process by which individuals internalize the values, beliefs, and norms of a given society and learn to function as members of that society. You teach your kids right and wrong their whole life. It ingrains in you the laws, rules, and what you should

Biological Defenses

1) Unconscious. 2) PMS & Post-Partum. 3) Other Chemical Imbalances.

Unconscious

On drugs, narcoleptic, ambien (sleeping pills) *
ambien can put you in the twilight zone
*, epilepsy, etc. YOU ARE STILL HELD ACCOUNTABLE, BUT A LESSER SENTENCE USUALLY.

PMS and Post-Partum

Not just baby blues. Like full on depression. Such as; the girl who pinned her boyfriend against light post with her car and killed him. There was alot of paperwork to back this up & mom's who kill their children. YOU HAVE TO HAVE MEDICAL DOCUMENTS.

Other Chemical Imbalances

Twinkie defense: Dan White broke into mayors office and killed a few people & he said that he spent the night eating sugars and drinking coke and it made him act out, because it impacts your physiological state.

Mistake Defense

Mistake of law is generally no defense for a criminal charge. Many courts will find that a mistake of law negates the intent if: The law was not reasonably made known to the public. Defendant reasonably relied on an erroneous but official statement of the

Consent (Rough Sex) Law

The person that got harm wanted to participate (consented) to the behavior. You may have minor changes.

Race

criminal history, severity of the crime, weapon used. - Legal aspects.

3 exceptions to race:

minor juvenile offense, death penalty, victim killed was white. Race makes a big difference.

Self-report studies

surveys in which respondents are asked to report about criminal offenses they have committed. "How deviant are you?" strength: picture of offender (useful on who is most likely to offend), hidden crime (improper for age and never caught). Weakness: focus

Offical Statistics

Records and statistics that law enforcement know about (needs an official record). Undercounted, but can do nationwide, serious crimes, committed by adults. DOJ. Strength: nationwide picture of mainly adult offending & serious offenses. Weakness: Undercou

Big 8 crimes

Violent Crimes: Murder, Rape, Robbery, Assault/Aggravated. Property Crimes: Motor Vehicle Theft, Larceny-Theft, Arson, Burglary.

Assualt

a violent physical or verbal attack. Threat.

Value of object

impacts what degree you are charged with.

Notes

In the past you use to trick people and now you can't. Honda accords get stolen the most, because there's alot of them.

Victimization Studies (NCVS)

reports by alleged victims of crimes compiled by U.S. Bureau of Justice Statistics (Umbrella Organization). Subsample of citizens (12 and over) about 66,000 household questions about personal victimization and household victimization (small group of crime

Orgins of law

Code of Hammurabi (2000-1700 BC).
Mosaic Code of Israelites(1200 BC).
Roman Law- Twelve Tables (451 BC).
Dark Ages- Fall of the Rome Empire (500-1000 AD).

Code of Hammurabi

Earliest written law. Hammurabi laid out laws, because they started to have alot of trade and protection for women, children, and elderly. If the enforcers could find someone to hold accountable then they were held accountable.

Mosaic Code of the Israelites

Ten Commandments. 613 laws in the old testament. Laws now are alot like the 613 laws and 10 commandments. Idaho: adultery is a felony, heavy religious theme, and part of the American Judicial system (law).

Roman Law (12 Tables)

Laws for the lower class. 10 men laid out laws that were laid out universal laws, because lower class though old laws targeted them and not upper class.

Dark Ages - Fall of Roman Empire

Violation of the state rather than the victim. Decentralized. Communities started dealing with laws in different ways until 1100 AD (England), which developed common law. The states start stepping in and created a big thing for everyone to fall under. whi

Where do laws come from?

Most laws come from Statues: State (legislators meet & come up with laws to control behavior). Court Decision: Supreme Court. Constitutions: Federal & State. Administration: University handbooks, they deal with most violations in house and they rarely bec

What are the major principles of ASC's Code of Ethics?

They serve as guidelines for professionals in specific situations. (5) Obligated to enhance general well being of societies and the groups withing. avoid social injustice and avoid incompetent, unethical, and unscrupulous use of criminal knowledge. (6) re

Differentiate between criminology, criminal justice, and criminalistics

Criminology: Study of crime; use of behavioral science to analyze and identify the causes of crime and devise methods for its prevention. Scientific study of crime, criminals, criminal behavior & the regulation of crime. Interdisciplinary. BLS (bureau of

Differentiate between Tappan's "legalistic definition" of crime and Milovanvic's "constitutive definition" of crime. Explain parts of Tappen's definition and explain the problems with Milovanovic's definition.

Tappan's definition: "crime is an intentional act in violation of the criminal law(statutory and case law) commutes without defense or excuse and penalized by the state as a felony or misdemeanor" Milovanovic says this is too narrow of a definition and ad

Explain what is so important about criminal intent.

Criminal intent is important, because if you can establish mens rea than it is easier to hold someone accountable.

Identify a wide variety of defenses used by defendants

Biological (Twinkie, Unconscious, PMS/Post-Patrum, Other Chemical Imbalances), Insanity (McNaughten Rule, Irresistible Impulse, Durham Rule, Temporary Insanity, PTSD). Self-Defense. Entrapment. Infancy.

Think "big picture" about theoretical explanations for crime and its control by comparing micro versus macro theories; that is symbolic interaction, structural-functionalism, and conflict theories. What is the function of law in each if these major theore

Symbolic Interaction: Micro theory. Laws are agreed upon rules of interaction. A social negotiation. Folkways. Mores.
Structural-functionalism theory (census theory): Macro theory. Laws are too severe the greater public and maintain stability. Laws: to se

How did Marx apply his theory to the explanation of crime? does he ever formally do this? What do you think Marxist theory is included in this text?

Karl Marx argued that the law is the mechanism by which one social class, usually referred to as the "ruling class", keeps all the other classes in a disadvantaged position. He applied his theory by saying crime is people/behaviors that are caught up in c

Discuss Deviance vs. Crime and agents of social control.

Deviance is violation of social norms whereas crime is violation of laws of the land. Agents of control for deviance are societal pressure and fear of Gods whereas agents of control for crime are police and judiciary. Society has no coercive power to deal

Compare and Contrast criminal law and civil law

Criminal Law: Crime is public and against the state. Sanctions include incarceration, loss of property, loss of life, and fines . Enforced by the state. Government won't appeal. proof must be beyond a reasonable doubt. Federal and state laws.
Civil Law: P

what are the functions of law?

1) Law is there to control behavior.
2) Banish retribution; violate laws of state.
3) Express public opinion.
4) Deterrence of criminal behavior.
5) Punish wrong doing.
6) Maintain social order.

What support is there in the literature concerning conflict or Marxist explanation of crime?

no, doesn't have any support because it is too difficult to enforce.

What policy implications arise from Conflict and Marxist theories of crime?

Implies support for fair representation of differing interests, and values in the law and a policy for nondiscrimination with regard to race, gender and class in criminal justice system.

Explain why there is such a different across clearance rates.

Because with murder it is usually someone you know. But, for burglary it is usually a random person.

What are the strengths and weaknesses of the various ways we gather information on crime?

Self-Report Studies:
strengths: quick and easy. weakness: younger people and they can lie.
Official Statistics: UCR: weakness: undercount and doesn't give any information on the situation, victim, or offender. strength: easy access and all police records.

Discuss which crimes are most common in the nation, Arkansas, and UCA. What trends do we see in these crime rates?

Property: Larceny-Theft.
Violent: aggravated assualt.
UCA: underage drinking and usage of drugs.

What are the characteristics of offenders?

Often Males, Minority.

Be able to define the Part 1 offenses and how Arkansas defines them legally.

Index Crimes. Big 8: Criminal homicide�a.) Murder and nonnegligent manslaughter: the willful (nonnegligent) killing of one human being by another. Deaths caused by negligence, attempts to kill, assaults to kill, suicides, and accidental deaths are exclude