Chapter 1: Theories, Patterns, and Typologies

Which of the following is a typical punishment for a felony?

A prison sentence.

Which of the following situations would fall under the purview of public law?

A restauranteur is suing a city over a health inspection.

Common Law

Early English law, developed by judges, that incorporated Anglo-Saxon tribal custom, federal rules and practices, and the everyday rules of behavior of local villages. Became the basis of criminal law in the US.

What are deviant behaviors?

Actions that are atypical in a society.

The idea that the accused actually and voluntarily committed a criminal act is:

Actus reus.

Which of the following would generally be considered a felony?

An individual accidently shoots and kills another during a botched robbery.

Why are the ideas of mens rea and actus reus essential in proving that a crime has been committed?

An individual must not only be found to have personally committed a crime, but the person must also have done it with intent.

Why are the ideas of mens rea and actus reus essential in proving that a crime has been committed?

An individual must not only be found to have personally committed a crime, but they must also have done it with the intent to do so.

Deviant Behaviors

Behavior that departs from the social norm.

Which of the following would a moral entrepreneur seek to control through the creation and enforcement of laws in the United States?

Pornography.

Which is representative of the interactionist view of crime?

Crimes are committed by individuals who have varying perceptions of reality.

The consensus, conflict, and interactionist views of crime all share which common idea?

Criminal law has a social control function.

As a field of study, how does criminology differ from criminal justice?

Criminology seeks to explain crime.

Crime typology can be most helpful for which of the following?

Gaining a better understanding of why a specific crime is committed.

Regarding strict liability violations, do you believe that mens rea not being required is proper? Explain and provide examples.

I do believe that mens rea not being required in some instances is proper because although the intent isn't there that act itself has harmed someone innocent.

Which of the following best characterizes criminal law in the world?

Ideas of criminal law date back centuries, and it is constantly evolving.

In assessing the question of instituting the death penalty in this case (video case), how do the fields of criminology and criminal justice overlap for a criminologist?

In examining how the death penalty as a form of justice is related to social control.

Civil Law

Set of rules governing relations between private parties, including both individuals and organizations. The civil law is used to resolve, control, and shape such personal interactions as contracts, wills and trusts, property ownership, and commerce.

What sets criminal negligence apart from recklessness?

It occurs when a person's careless and inattentive actions cause harm.

Which of the following criminal acts would be classified as mala prohibitium?

Tax evasion.

Why are crime and deviance distinct?

Not all acts of deviance are criminal in nature.

Morgan (video case) notes that in recent years, the use of DNA evidence has revealed many instances where individuals who were executed were later found to be innocent. What type pf law is concerned with the trial process and evidence?

Procedural criminal law.

What do most criminologists believe is the root cause of crime?

Social factors.

What is crime typology?

Studies on specific types of crime or criminals to discover correlations.

Regarding punishment, which of the following can be a typical role of a criminologist?

Studying how prison sentences impact the recidivism rates of criminals.

Why would the death penalty be a possibility for use in the case of Tsarnaev (video case) and not for lesser crimes such as robbery or burglary?

The Constitution sets limits on laws that are overly cruel and on their application.

What must all criminal law in the United States conform to?

The Constitution.

What is the legal concept of mens rea?

The accused had the intent to commit a criminal act.

Substantive Criminal Law

The branch of law that defines crimes and their punishment.

Why is the concept of mens rea of vital importance in ascertaining if a person should be charged and convicted of a crime, and how can it impact a defense?

The concept of mens rea is important because whether or not the person intended on doing the crime makes a big difference on how/if they will be charged of the crime. If there was no intent the defense can say that the whole incident was accidental (which it may have been).

In what way does the consensus view of crime differ from the conflict and interactionist views of crime?

The consensus view holds that the majority of a society are in agreement as to which behaviors must be outlawed or controlled to protect society.

What is the concept of strict liability?

The crime is defined by the act itself, irrespective of intent.

Justice

The quality of being fair under the law. Justice is defined by the relationship that exists between the individual and the state; justice demands that the state treats every person as equally as possible without regard to their gender, religion, race, or any other personal status.

In the interests of the well-being of society, why should criminologists refrain from publishing biased or subjective research findings?

The results from such studies could be used by the state to institute unjust policies.

Under the conflict view of crime, who decides the content of criminal law and shapes the definition of crime in a society?

The ruling class.

Criminology

The scientific study of the nature, extent, cause, and control of criminal behavior.

Crime Typologies

The study of criminal behavior involving research on the links between different types of crime and criminals. Because people often disagree about types of crimes and criminal motivation, no standard exists within the field. Some typologies focus on the criminal, suggesting the existence of offender groups, such as professional criminals, psychotic criminals, occasional criminals, and so on. Others focus on the crimes, clustering them into categories such as property crimes, sex crimes, and so on.

Conflict View

The view that human behavior is shaped by interpersonal conflict and that those who maintain social power will use it to further their own needs.

Interactionist View

The view that one's perception of reality is significantly influenced by one's interpretations of the reactions of others to similar events and stimuli.

Why is society justified in controlling victimless crimes?

Victimless crimes are a threat to maintaining the overall balance of a society.

Criminology in Action

Efforts of criminologists to use their knowledge, training, insight, and experience to understand human behavior and predicts its occurrence.

Dershowitz (video case) notes that by executing Tsarnaev, the government runs the risk of turning him into a martyr and a role model for other terrorists and would-be terrorists. How can a criminologist further explore this issue?

Study past cases to see if the execution of a terrorist encouraged others to commit terrorism.

Consensus view

The belief that the majority of citizens in a society share common ideals and work toward a common good and that crimes are acts that are outlawed b/c they conflict with the rules of the majority and are harmful to society.

Criminologists

Researchers who use scientific methods to study the nature, extent, cause, and control of criminal behavior.

A judicial body is determining which pieces of evidence in a murder case are admissible. Which type of law would be consulted in this case?

Procedural laws.

The decision to institute the death penalty in the case of Tsarnaev (video case) is guided by ______.

Substantive criminal law.

In a state, which of the following can criminologists be held socially responsible for?

The creation of new criminal punishments based on the views of criminologists.

Criminal Justice

The field of study that focuses on law enforcement, the legal system, corrections, and other agencies of justice involved in the apprehension, prosecution, defense, sentencing, incarceration, and supervision of those suspected of or charged with criminal offenses.