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Criminology
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Focuses on lawbreaking, the nature, extent, and causes of crime.
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Actus Reas and Mens Rea
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Actus: guilty act
Mens: guilty mind |
Mala in Se and Mala Prohibita
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Mala in se: Crimes that are wrong in themselves
Mala prohibita: Crimes that are wrong cause they are prohibitted |
Micro and Macro level theories
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Micro: why some individuals engage in crime and others do not
Macro: attemps to explain differences in groups |
Sources/types of law
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Statutory law, Case law, and constitutional law
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Two persepectives on the criminal law
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Classical and Positivist School of Crime.
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Experimental vs Nonexperimental designs
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Experimental: show cause and effect and exclude spuriousness, key is random assignment of the subjects.
Nonexperimental: Most used, consists of mostly surveys and questionares. |
Classical and Positivist schools of crime
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C: crime is a result of a rational decision based on calculation of costs and benefits. Punishment should be swift, certain, and severe.
P: criminal behavior is based on biology, social, or psychological factors. Criminals should be treated, punishment should fit the crime. |
Bentham's hedonistic calculus
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Humans seek pleasure in a rational, calculating manner.
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UCR vs NCVS
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UCR: annual report by FBI cosisting of crimes reported to and uncovered by the police.
NCVS: survey conducted by the US Bureau of Justice Statistics that attempts to discover unreported crime. |
Hierarchy Rule
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Only the highest crime will be counted into UCR
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Just deserts, retribution, and incapacitation
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JD: justification of punishment that emphasizes the pain caused and thus earned by the criminal.
R: justification of punishment that suggests taht criminals deserve punishment. I: Use of Prison and death penalty to remove criminals from society to prevent future crime. |
General and Specific deterrence
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General: deter the public
Specific: deter specific person |
Rational Choice theory and its criticisms
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Criminals will choose crime when the benefits outweigh the risks
Not all crimes are rational, little evidence |
Routine activities theory
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For a crime to occur three things must converge, a suitable target, a motivated offender, absence of a capable guardian
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