What is deviant behavior?
A violation of social norms specifically appropriate or proper behavior under a particular set of circumstances.
What is a theory?
A set of interrelated propositions that attempt to describe, explain, predict, and ultimately control some class of events.
How is a theory strengthened?
Its logical consistency and by how well it describes and predicts reality
What is a hypothesis?
An explanation that accepts for a set of facts and that can be tested by further investigation. Something that is taken to be true for the sake of argument and/or investigation.
What are the 8 general categories of criminal behavior theories?
Classical, Biological, Psychological, Psychobiological, Sociological, Social Process, Conflict, Emergent
Classical Theory
Crime is caused by free will. Crime erodes bonds between individuals and society which makes it fundamentally bad. Punishment is a necessary evil. Crime prevention is possible through punishment that outweighs gains through criminal behavior.
Biological Theory
Human behavior (criminal) is constitutionally or genetically based. Criminality can be inherited. Biological characteristics that are considered primitive in their developmental stages may lead to criminal behavior.
Psychological Theory
Study of the individual personality as a motivational element for committing crime. Crime results from inappropriately conditioned behavior or abnormal/dysfunctional mental processes within the personality. A diseased mind, inappropriate learning, or impr
Psychobiological Theory
Highlights the role of DNA, environmental contaminants, nutrition, hormones, physical trauma, and body chemistry as it relates to crime.
Sociological Theory
Social groups, social institutions, social structure, and social roles relate to criminality. Social relationships can cause crime. The degree of social (dis)organization contribute to criminal behavior.
Social Process Theory
Good" and "bad" behavior is learned and unlearned through social learning, observation, and interaction.
Conflict Theory
Crime is natural and unavoidable due to economic and social inequities.
Emergent Theory
New developing criminal perspectives: Feminist Criminology (gender issues in criminology), Constitutive Criminology (crime and crime control are produced through a combination of offender, victim, and society), and Postmodern Criminology (past theories ha
Which theory are today's systems and policies based upon?
The Classical Theory.
Who is considered the founder of the Classical School of Criminology?
Cesare Beccaria - spoke out against the death penalty and physical punishment.
What is Hedonistic Calculus?
Established by Jeremy Bentham - Free will would cause an individual to avoid committing a crime as long as the punishment outweighed the benefits of the committed crime.
What are the principles that punishment must founded on: (established by Beccaria and Bentham)
Swift, Certain, and Just
Under the Neoclassical Perspective, what is the Rational Choice Theory?
Criminality is largely the result of conscious choices that people make. Offenders choose to violate the law. Benefits outweigh the punishment.
Under the Neoclassical Perspective, what is the Routine Activities Theory?
Lifestyles significantly affect the amount and types of crimes committed in any society.
What things must you have for the Routine Activities Theory?
A motivated offender, a suitable target, and no capable guardian
What is Cranioscopy?
Coined by Franz Joseph Gall - the study of body construction and how it may determine personality. Gall focused mostly on the brain and skull. Deterministic theory.
What is Phrenology?
Coined by Francis Joseph - It is the study of the shape of one's head in order to determine human behavior.
Who is the father of "modern" Criminal Justice?
Cesare Lombroso - also know for establishing the Positivist School of Criminology.
What is Atavism?
A condition characterized be the existence of features thought to be common in earlier stages of human evolution. Established by Cesare Lombroso, this theory basically said that criminals had underdeveloped physical and mental characteristics.
What is Somatotyping?
The classification of humans into types according to physical characteristics. Established by William Sheldon.
What are the types of body structures?
Mesomorphs - muscular
Endomorphs - soft and round
Ectomorphs - thin and fragile
What is a super male?
Where you have XYY chromosomes (instead of XY). They are very common in prisons, thought to be more aggressive, and exhibit certain traits: homosexual tendencies, certain psychological traits, acne, thinness, and low IQ.
What is Behavioral Conditioning?
A psychological principle that holds that the frequency of any behavior, including committing crimes, can be increased or decreased through reward, punishment, and association with other stimuli. Ivan Pavlov and his work with dogs.
What is Freudian Psychoanalysis?
Id: the source of drive
Ego: rational mental entity
Super Ego: the guiding principle (also known as the conscience**)
What are the conditions that cause crime according to the Freudian Psychoanalysis Theory?
A weak Super Ego, Sublimation, and Thanatos
What is Psychopathology?
The study of mental illness.
What is Psychological Profiling?
The attempt to categorize, understand, and predict the behavior of certain types of offenders based of behavioral clues they provide and is not a form of racial profiling.
What is Mala in se?
An act that is considered wrong in itself. i.e. murder, theft, and rape.
What is Mala Prohibita?
An act that is considered wrong because there is a law against it. i.e. speeding, littering, and status offenses.
What is the Labeling Theory?
Introduced by Frank Tannenbaum, this theory suggests that the person becomes the thing he is described as being.
What is the Containment Theory?
Crime is a natural consequence of economic and other social inequities. Stresses that arise among and between social groups result in certain types of group and individual behavior, including crime.
What are the types of containment?
Outer - depends on social norms and roles that influence and apply to certain groups of people.
Inner - depends on conscience, positive self-image, and tolerance of frustration
What is the Chromosome Theory?
The study of DNA and links between chromosome patters and crime. This lead to the discovery of the super male (XYY).
What is Sublimation?
The ability to act out socially unacceptable impulses by converting them into a more acceptable form. For example, a person experiencing extreme anger might take up kick-boxing as a means of venting frustration. Also, subliminally getting back at people b
What is Case Law?
These laws come from judicial decisions and is referred to as the "Law of Precedence". i.e. Miranda v. Arizona, Roe v. Wade
What is Statutory Law?
Law of the Land"/ "The laws on the Books". Results from legislative action.
What is Civil Law?
Laws that determine and governs relationships between parties. It is more concerned with liability and that it is with intent. Civil suits seek compensation, not punishment. A violation is called a "tort".
What is Common Law?
Unwritten laws that originate from usage and customs.
What is Criminal Law?
The body of rules and regulations that define and specify the nature of, and punishments for, offenses of a public nature or for wrongs committed against the state or society.
What is Administrative Law?
Laws and regulations that govern the activities of industry, business, and individuals. i.e. tax laws, health codes, and vehicle registration laws.
What is a Felony?
A criminal offense punishable by death or a penalty of 1 year or more in prison.
What is considered Self Defense?
The claim that it was necessary to inflict harm on another to ensure one's own safety in the face of near-certain injury or death. If a "path of retreat" exists for a person being attacked, it must be taken.
What is an Alibi?
It is a defense based on the premise that the defendant is truly innocent by showing that they were not present at the time the crime was committed. This is the best defense in a criminal charge.
What is Double Jeopardy?
Under the 5th Amendment. Holds that no person can be tried twice for the same crime.
What is Actus Reaus?
Guilty Act
What is Mens Rea?
Guilty Mind
What are the elements of a crime?
Must have, both, a guilty act and guilty mind.
What is Anomie?
Normlessness". It describes the breakdown of social bonds between an individual and their community ties, with fragmentation of social identity and rejection of self-regulatory values.
What are the 5 types of Anomie subjects?
Conformists - accepts both goals and means of society.
Innovators - accepts the goals but not the means of society.
Ritualists - reject goals but still conform to society.
Retreatists - reject both goals and means and drop out of society.
Rebels - want to
What is the Differential Association Theory?
Laws of Imitation". Explains crime as a natural consequence of the interaction with criminal lifestyles. Coined by Edwin Sutherland.
What is Substantive Law?
Written law that defines the laws and punishments.
What does Preponderance of the Evidence mean?
Weighing the evidence and determining who you believe more.
What are the categories of crime?
Felonies, Misdemeanors, Offenses, Treason and Espionage, and Inchoate Offenses (conspiracy)
What are the types of defenses in a criminal charge?
Alibi, Justifications, Excuses, and Procedural Defenses
Examples of Justifications for a crime.
Self-defense, defense of others, defense of home and property, necessity, consent, and resisting unlawful arrest.
Examples of Excuses for a crime.
Duress, age, mistake, involuntary intoxication, unconsciousness, provocation, insanity, diminished capacity, and mental incompetence.
Examples of Procedural Defenses of a crime.
Entrapment, double jeopardy, collateral estoppel, selective prosecution, denial of speedy trial, prosecutorial misconduct, police fraud.
What does stare decisis mean?
Standing by decided matters" when it comes to court rulings and interpretations.
What elements must occur for a crime to be considered first-degree murder?
An unlawful killing
Of a human being
Intentionally
With planning (or "malice aforethought
What is Thanatos?
A "death wish" or doing something because they want to get caught.
What is a Psychopath?
A moral idiot characterized by selfishness and no conscience.
What is a Misdemeanor?
An offense that is punishable by less than one year in prison.
What is Procedural Law?
Written law that determines the procedures by which legal rights are enforced. i.e. gathering evidence, search and seizure, and trial procedures.
What is a Vertical court ruling?
The higher court rulings should be taken into consideration by lower courts.
What is Horizontal court ruling?
Courts on the same level should interpret the law consistently