CJ 302

  1. High Crime and Harsh Punishment in the USA
    • Very high crime rates
    • Highest incarceration rates in the world
    • High Crime and Harsh Punishment is a burden on the state
  2. Jail
    is pre-trial or short sentences
  3. Prison
    is state or federal long term incarceration
  4. Probation
    is a low-level sanction or supervision that precedes jail or prison incarceration
  5. Parole
    is post-incarceration supervision
  6. Crime are acts that are:
    • Prohibited, prosecuted, and punished by criminal law
    • Enforced by a staff with the legitimate power to enforce
    • Lanier & Henry propose expanded definitions including 'harm'
  7. Laws/Crimes are defined by:
    • Legislation (penal codes)
    • Case Law
  8. Brady v. Marlyand (1963)
    Requires prosecutors to turn over evidence
  9. Roe v. Wade (1973)
    Forbids laws outlawing abortion
  10. Gideon v. Wainwright (1963)
    Requires the government to provide counsel to the indigent
  11. Two aspects of criminal act:
    • Actus reus (a 'bad act')
    • Mens rea (a 'guilty mind' or intent)
  12. Consensus
    • Durkheim
    • Assumes that most people share values
    • Problem with this approach is ovbious enough with issues like sexuality or drugs
    • Homicide is not always illegal
  13. Conflict
    • Marx
    • Assumes that people do not share values but are in competition for dominance
    • Problem is that it borders on moral relativism and functions as an apologist for bad behavior
    • It also criticizes capitalism
  14. Conflict Theorist argue:
    That law should not define what is criminal, but that any harmful behavior should be deemed criminal, such as selling cigarettes
  15. Note: L and H's comment on crack is outdated
    It is true, though, that at the height of the crack panic, many more black people were convicted of crack crimes and sentenced very harshly, but the evidence that rates of crack use was higher among Blacks is not clear.
  16. The Complexity of Crime: To Catch a Predator
    • Entraps men by tempting them with actors pretending to be 13 or 14 year old girls/boys
    • This show does nothing to explain this criminal behavior
    • The bottom line is that 'criminal behavior' is usually complex - not easily explained
  17. Crime Continua
    Crime exists on various continua:
    • Harm (murder v. marijuana)
    • Visibility (bank robbery v. counterfeiting)
    • Consensus (rape v. gay marriage)
  18. Levels of Analysis
    • The individual (Rafael Perez)
    • The organization (The LAPD)
    • The institution (The CJS)
    • The Society (Hyper-Capitalism)
  19. Measuring Crime
    • The Uniform Crime Reports (UCR)
    • The National Crime Victimization Survey (NCVS)
    • Academic investigations into crime
  20. The Uniform Crime Reports (UCR)
    Measures Index crimes (the crimes used to calculate 'the crime rate')
  21. Problems with the UCR:
    • only crimes reported to police
    • different law enforcement agencies have different definitions of crimes
    • data collection issues
    • police departments might be temted to under report or 'spin' crimes to bolster clearance rates
    • UCR only counts the index crimes
  22. The National Crime Victimization Survey (NCVS):
    • Surveys of households about crime victimization
    • This augments the UCR
  23. Problems with the NCVS:
    It relies on subjective respondents
  24. Academic investigations into crimes:
    professional criminologists conduct all kinds of studies of various aspects of crime, including self-report studies, cohort studies, and ethnographies
  25. Criminology
    • The systematic study of the nature, extent, cause, and control of law-breaking behavior
    • Law making
    • Law breaking
    • Law enforcing
    • Criminology tries to understand why people do crime in relation to social structure
  26. Different paradigms within criminology:
    • Rational choice theory
    • Biological theories
    • Social learning theories
    • Control theory
    • Structural theories
    • Conflict or critical theories
  27. Victimology
    • emphasizes the role of the victim in criminal proceedings
    • controversial because formal law is supposed to prevent the chaos of revenge
  28. Rational Choice Theories (Classical)
    • Originated during The Enlightenment
    • Crime is freely chosen and rewarding and must be punished
    • basis for the 'law and order' or crime control model of criminal justice sometimes advocated in the USA
  29. The 'revolutionary' ideas in classical rational choice theory came from utiltarian philosophers who developed the notions of:
    • innocent until proven guilty
    • equality before law (egalitarianism)
    • due process (government respects all rights)
    • rules of evidence (e.g., no hearsay)
    • juries
  30. Cesare Beccaria
    • Proposed a rational theory of individual sovereignty
    • The rights of the individual prevail over the rights of the state
    • Proportionality (punishments should fit the crime)
    • Punishment should be swift and certain
  31. Jeremy Bentham
    • Utilitarianism
    • This underlies 'rational choice theory'
    • Individualism
  32. Rational Choice Theory (Contemporary Policies)
    • Determinate Sentencing (mandatory minimums)
    • Three-Strikes laws
    • Incapacitation
    • Capital Punishment
  33. Rational Choice Theory (Contemporary)
    • More nuanced than classical theory and argues that a variety of factors play into criminals' to offend
    • applies well to corporate crime
    • Assumes that all people are rational individuals all the time
  34. Biological Theories
    • Some human being have inherent, biological characteristics or traits that lead to criminal acts:
    • Genetic inheritance
    • Tumors
    • Changes in body chemistry
  35. Biological Theories
    Racist Determinism:
    • Attributes cause to correlation
    • Only focuses on 'street crimes' rather than white-collar crimes
    • Latinos are biologically identical to whites, but are over-represented (by five times) in street crimes arrests
    • Race is socially constructed and not biological (but is experienced as real)
  36. Psychological/Psychiatric Theories
    • Something traumatic took place developmentally that caused psychological disturbances leading to criminal behavior
    • try to bridge the gap between rational choice and biological determinism
  37. The M'Naughten Rule
    Due to a mental impairment (called 'insanity') the person either:
    • did not understand the 'nature and quality' of what he was doing
    • did not know that his actions were wrong
  38. Types of Psychological/Psychiatric Theories
    • Psychoanalytical
    • Trait based theories
  39. Social Process Theories
    • Theoretical move away from the level of the individual to the level of the group
    • One just learns different things through associations with others who have deviant norms
  40. Differential Association Theory
    • Criminal behavior is learned
    • These are testable propositions
    • Problem: where does criminal behavior start? From whom did the first criminal learn?
  41. Neutralization Theory
    • People 'drift' in and out of criminality based on their internal 'techniques of neutralization'
    • Doesn't really explain criminality's origin
    • Also, neglects structural factor
  42. Control Theory
    All people are naturally inclined toward misbehavior but that social control over them contains them, to varying degrees
  43. Social Control Theory
    Form of Social Bonds:
    • Attachment
    • Commitment
    • Involvement
    • Belief
  44. Self-Control Theory
    Low self-control leads to crime
  45. Problems with Control Theory
    • Ignores basic differences between people
    • Circular Logic
  46. Labeling Theory
    • Persons labeled 'criminal' ultimately identify and adopt and internalize the role
    • Powerless groups have less control over what is labeled criminal and have little power to resist the labels
  47. Labeling Theory
    Lemert proposed:
    • 'primary' deviance (spantaneous minor rule violations)
    • 'secondary' deviance (rule breaking that emerges from the person's identity)
  48. Labeling Theory
    Becker's theory of deviance:
    • 1. poerful social groups make rules
    • 2. apply the rules to particular people
    • 3. label the rule breakers outsiders
  49. Labeling Theory
    Reintegrative Shaming:
    While expressing social disapproval, society also provides the social process mechanisms to bring those censured back into the community, reaffirming that they are morally good-only a part of their total behavior is unacceptable
  50. Problems with Labeling Theory
    • Doesn't explain primary deviance
    • Doesn't explain crime by those not labeled
  51. Labeling Theory (Policy)
    • Decriminalization
    • Diversion
    • Decarceration
    • Restitution
  52. Social Ecology
    • The basic idea is that physical location itself is criminogenic:
    • Neighborhoods
    • Landscapes
  53. Social Ecology
    The Chicago School:
    'Zone II' - the 'transition zone' was full of transients living in crowded slums that factory owners were letting rot, who worked in nearby factories
  54. Problems with Social Ecology Theory
    • The ecological fallacy: attributing characteristics to individuals based on aggregate statistics
    • Doesn't account for white collar crimes
  55. Cultural Deviance Theories
    Crime results when cultures clash
  56. Strain Theory
    • Anomie: normlessness or norms confusion
    • The person does not have legitimate means to reach goals
    • everybody thinks they deserve to reach goals, but the processes of capitalism dictate that not everyone can
  57. Strain Theory
    • Capitalist society can creat profound disjunctions between goals and means
    • Individual persons sometimes 'adapt' to this 'strain' (or stress)
  58. Strain Theory
    Merton's Adaptations:
    • Conformity (adopt goals and means)
    • Innovation (adopt goals but not means)
    • Ritualism (Adopt means but not goals)
    • Retreatism (Abandon goals and means)
    • Rebellion (Abandon goals and means and replace them with new ones)
  59. What is the meaning of the title 'Bastards of the Party'?
    • Bastard offsprings of civil rights movement
    • What was left after the movement died out
  60. Radical Conflict
    • Marxist
    • inequality totally based on economic conditions
    • believe consensus is a myth
  61. Radical Conflict
    group in power using tools available only to them to maintain power
  62. Radical Conflict
    • society will keep those in power in power
    • To Big To Fail
    • No back room of Fat Cats creating and keeping themselves in power
    • Society itself creates Fat Cats
Card Set
CJ 302
Exam 1 Flash Cards