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What is criminal justice?
The scientific study of crime and our nation's response to crime via the creation of specific organizations and institutions to combat crime.
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What is the criminal justice system?
- Our nations inter-related institutions, which respond to crime, violence, and disorder
- -law
- -law enforcement
- -courts
- -correctional agencies
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What is the basic nature of human beings?
- People prefer order over chaos
- We are born with a drive to survivePeople are selfish creatures
- People are hedonistic: attracted to rewards
- People have a "self" and it influences out behavior
- 1. spirit
- 2. soul: psychological & social
- 3. body
- People have behavioral free will
- Behavior is influenced by one's values
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What social events led to the emercence of criminal justice as a popular academic discipline?
- revolutionary war
- industrial revolution: people moved to cities from rural areas
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Carrier's case
- One interpretation of larceny
- Truck driver stole part of what he was transporting
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Pear's care
Man hired a horse and sold it at a market
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Mala Prohibita
crimes that may not be necissarily wrong in themselves but are wrong simply because they have been prohibited by statute
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Mala in se
the act is inherently evil or immoral in nature
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Grand Larceny vs. Petty Larceny
dividing point can range between $50 to $2,500, depending where you are
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Positive aspects of deviance
- can warn a group or society that an underlying problem needs attention
- resources get allocated to address the problem
- public punishment of deviant can create deterrence
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Major sources/typestcategories of law
- natural/devine: right and wrong according to higher power
- common law" traditions that guide courts
- statutory: created by statute/handed down
- case law: resulting form court interpretation of statutory law
- administrative: pwers and duties of gov't agencies
- local ordinances
- criminal vs. civil
- substantive vs. procedural: what is illegal vs. rules that must be followed
- felony vs. misdemeanon: superior court vs. district court
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Corpus delecti
body of crime
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types of Corpus Delecti
- Malice: intent to cause harm
- Negligence: no intent, failed to do something you should have done
- Strict liability: assumed to know something is illegal
- Transferred intent: mean to harm person "A" but instead harmed person "B"
- Vicariour liability: one party is held accountable for another
- Aider/Abettor: helps someone commit a crime
- Misprison of Felony: you know someone has committed a crime and don't report it
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Court Defense Strategies
- denial
- insanity
- mistaken identity
- mistake of fact: honest mistake
- mistake of law: ignorance of law
- duress
- consent
- necessity: protect yourself from harm
- entrapment
- framed
- insufficient evidence
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Major Theories of crime causation
- biological/medical model
- psuchological/psychoanalytical model
- social/cultural model
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Biological/medical model
- behavior is influenced by physiology
- Dr. Lombrozo believed ciminals were influences by physiology
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Psychoanalytic/psychologial
- behavior is influenced by cognative activity
- Freud: develop mind as we pass through development
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Social/Cultural Theories
behavior is influenced by environment
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Social Disorganization Theory
- highly disorganized communities
- born into negative social environment
- altered by environment
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Anomie Theory
- crime is crashed between success orientation and the lack of opportunity for success
- adapting to anomie: conformity to society, crime, ritualism, rebellion
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Differential Association Theory
- learn crime like anything else
- wanted to be accepted by friends
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Social Bonds
- people aren't properly bonded to their society
- attachment, committment, involvement, belief system
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Labeling Theory
- crime might be causes by labeling a person
- primary act of crime/deviance, labled, expectations change
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Conflict theory
capticalism can cause crime
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