LCJS 0100
Crime Prism
(Lanier and Henry) - what counts as crime is affected by the power of those defining it" - Occupational hazards are towards the bottom
General Systems Theory (GST) (in relation to criminal justice)
(Look up Bernard et al. in Module 05, including slides 17-18 which relate their argument to Functionalism vs. Conflict Theory)
Criminalization (concept)
(Module 2 Slides 13-18)
analogous social injury
(Reiman and Leighton) legally permissible acts or sets of conditions whose consequences are similar to those of illegal acts Ex: workplace/occupational deaths
Important stuff from Criminal Procedure in Gale Encyclopedia of Everyday Law
(m03)
Summary/Important Stuff from Substantive vs. Procedural Criminal Law by Nolan
(module 2)
The Major Explanations/Approaches to Law
- Legal Formalism - Legal Realism - Conflict Theory - Functionalism
Difference between positive/normative approaches to law theories/approaches
- a positive approach to law makes claims about how the law works - a normative approach to law makes claims about how the law ought to work - Ought Fallacy makes claims that equate what exists with what should exist.
Reckless criminal Intent
- defendant knew harm to another was a risk and decided to conscientiously disregard that risk - Would a normal person knowing the risk refrain from carrying out the action bc of the risk?
Knowing criminal Intent
- defendant was fairly certain that their actions would result in harm of someone else
Negligent intent
- person should have been aware of the risk of harm but failed to exercise reasonable care - Would the typical person be aware of the risk?
Meanings/Purposes of Punishment
- retributivists vs. consequentialists - narrow vs. broader meanings - carceral vs. non-carceral - collateral consequences and the remedial/civil vs. punitive distinction - Texas Heartbeat Act of 2021 and the distinction between criminal and civil liability see especially Module 03, slides 32-39; see Module 04 for data; see Module 05 for sentencing types and related concepts)
Purposeful criminal Intent
1. Purposefully - defendant intentionally tried to produce result like harming another, was their goal
What are the 4 levels of intent? List from Most to least blameworthy
1. Purposefully - defendant intentionally tried to produce result like harming another, was their goal 2. Knowingly - defendant was fairly certain that their actions would result in harm of someone else 3. Recklessly - defendant knew harm to another was a risk and decided to conscientiously disregard that risk - Would a normal person knowing the risk refrain from carrying out the action bc of the risk? 4. Negligently - person should have been aware of the risk of harm but failed to exercise reasonable care - Would the typical person be aware of the risk?
Which constitutional amendment affects "what can be criminalized" but is NOT one of the key amendments when it comes to criminal procedure?
1st
consensus perspective
A view of crime that sees laws as the product of social agreement or consensus about what criminal behavior is
As discussed on page 9 of the Barkan reading, one key question asked by a "law and society" (social science) approach to law is "How, to what extent, and in what ways does law reinforce or contribute to social inequality ...?" Which of the following approaches/theories is most concerned with the key question identified above?
A) Conflict Theory Wrong: - Legal Realism - Functionalism - Legal Formalism
According to Barkan's discussion, which statement is NOT consistent with the social science view of law?
A): The legal system operates according to its own rules, largely unaffected by non-legal factors. Wrong: — Culture, politics, and social norms affect how the law functions. (bc consistent with Social science view) — The legal system could never operate in a manner that is fully autonomous from society (bc consistent with Social science view) (HW 1)
"To illustrate this distinction, Pound pointed out that although justice should be blind to differences based on race, social class, and other such factors, the legal system was in fact discriminatory and a setting in which the poor received little justice." Which distinction is being illustrated in the quotation above?
A: Law in books vs Law in Action
Barkan discusses a number of explanations of law in the second reading (referred to as theories/approaches in the lecture slides). Barkan suggests that all of these are "social science perspectives" on law (p. 26). However, one of these is most like the "traditional view" of law discussed in the first reading. Which of the following is most like the "traditional view"?
A: Legal Formalism
About the Maine Supreme Court decision concerning Joseph Dasha and the statute of limitations on lawsuits, Barkan says this: "Although we cannot know for sure, it is possible that the five justices who joined in the majority opinion regretted the outcome but concluded that the law left them with no other choice" (p. 11). If one assumes that these five justices regretted the outcome but voted for it anyway because they thought the law left them with no choice, then the majority decision is most consistent with which approach to law and society?
A: Legal Formalism Wrong: - Legal Realism
On page 14, Barkan discusses the case of abolitionists charged and tried for violating the Fugitive Slave Act of 1850--for example, by helping those who were fleeing slavery, or by breaking out of jail those who were captured. Barkan notes this: "Although in almost every case the defendants had clearly violated the law, many Northern juries in effect rejected the law and declared the defendants not guilty" (14). By declaring the defendants not guilty, these juries were acting in ways most consistent with which theory of law and society?
A: Legal Realism
What approach is most in line with Legal Formalism?
A: Originalism Wrong: - Pragmatism - Moral reasoning
According to the lecture slides, which statement about the collateral consequences of conviction is most clearly FALSE?
A: They are usually defined in criminal law as one of the punishments for crime. Wrong: - They can be either formal or informal. - They can continue long after someone is no longer under correctional control.
Important stuff from Adversary System by Benefiel (adversary system vs inquisitorial)
Adversary System: - US follows it - relies more than the other on zealous advocacy by attorneys, whether prosecutor or defense - valuing competition over truth-seeking (and is criticized for it) Inquisitorial system: - judge has a more active role in this system - admission of evidence is less tightly controlled in this system - defense attorneys play a smaller role in this system
carceral vs. non-carceral (purposes of punishment)
Carceral: Non-Carceral: - Parole
What type of law is wrongful death?
Civil
A short reading and the lecture slides discuss discretion on the part of criminal justice officials. Which approach to law and society would be most likely to expect widespread negative consequences to result from the exercise of discretion?
Conflict Theory
The assigned reading by Erica Bryant ("Why We Say ...") is most clearly an example of which approach to law and society discussed in the lecture slides?
Conflict Theory
When discussing the "crime prism," Lanier and Henry note that "what counts as crime is affected by the power of those defining it" (page 3). This claim is most clearly aligned with which approach to law & society?
Conflict Theory
What type of law is murder?
Criminal
Which type of law are the violations prosecuted by the state/government on behalf of the people?
Criminal
The Meier reading discusses "three sources of criminalization": the Consensus perspective, the Pragmatic perspective, and the Political perspective. Referring back to the law & society approaches introduced in Module 1, the Consensus perspective is most similar to _________, and the Political perspective is most similar to the __________.
Functionalism; Conflict Theory
Reiman and Leighton Perspective (in summation)
If crime definitions are meant to identify and minimize harms to our well-being, then such definitions should give more attention to the effects of relatively impersonal forces. they think: A person committing a Typical Crime like robbery is more likely to purposely create harm than a corporate executive, even when the actions of both do in fact create harm. - discuss how 1-on-1 murder is considered a grave crime but a company illegally polluting and ultimately killing numerous ppl is not grave, even sometimes minor
discretion
Judgement used by law enforcers on what to enforce/crimilize
In one of the applications, the lecture slides discuss data on whether Supreme Court justices defer to federal agency decisions. Does the ideology of federal agency decisions affect whether justices defer to these decisions? If so, this suggests that the ideology of Supreme Court Justices affects their willingness to defer to federal agencies. This effect of ideology on Supreme Court decision-making is most consistent with:
Legal Realism
Carnival Mirror
Metaphor that is used to call attention to how criminal law is shaped by social processes that create distorted images of danger to human well-being
Important stuff from Civil Law vs. Criminal Law reading
Module 2
Important stuff from Basic Information about the Texas Heartbeat Act of 2021 by Lampe & Shimabukuro
Module 3
Important stuff from Correctional Control 2018 by Alexi Jones
Module 4
Important stuff from General Systems Theory and Criminal Justice by Bernard et al
Module 5
Important stuff from The Nationalization of the Bill of Rights by Cortner
Module 6
Highest to lowest matter of degrees:
Most: Felony (1st is most punishable/greater degree of crime, 3rd is least) Mid: Misdemeanor Least: Summary Offense
narrow vs. broader purposes of punishment
Narrow: the punishments explicitly linked in law and sentencing to convictions for criminal offenses. - Probation Broader: related to broader but not punished forms of justice like Social Justice and Distributive Justice
Concepts related to Deviance
Norms Sanctions tolerance Social Control
4 Approaches to Interpreting the Constitution
Originalism Judicial Precedent Pragmatism Moral Reasoning
which of the following best represents an instrument of social control directed at the behavior of criminal justice officials?
Procedural Criminal Law
Procedural Law
Procedural: - deals with like everything in the way law can be enforced and what the government can do and stuff - sets limits on how criminal investigations are conducted and how prosecutions are carried out - Fourth Amendment very important to this - You have the right to remain silent ..."
- retributivists vs. consequentialists (purposes of punishment)
Retributivist: - most concerned with proportionality of punishment Consequentialist most concerned with promoting deterrence and deterring future crimes
Crime as a Matter of Degree vs Criminalization as a process
Similar to Criminal vs Civil Law. Criminal law is a degree, but civil law is more like criminalization by process
Substantive Law
Substantive: - focuses on what actions are criminal and what specific acts and mental states are required for each crime -discussions of "mens rea" and "actus reus" are discussions of substantive law - concerned with defining and distinguishing criminal intent
Substantive vs. Procedural Criminal Law
Substantive: - focuses on what actions are criminal and what specific acts and mental states are required for each crime -discussions of "mens rea" and "actus reus" are discussions of substantive law - concerned with defining and distinguishing criminal intent Procedural: - deals with like everything in the way law can be enforced and what the government can do and stuff - sets limits on how criminal investigations are conducted and how prosecutions are carried out - Fourth Amendment very important to this - You have the right to remain silent ..."
Important stuff from Is the Criminal Law Important? by Husak
The criminal law is less important than we think, because it doesn't really tell us what's going to happen to someone who is caught violating it.
Legality Principle
To be criminally prosecuted for an offense, the offense must have been previously codified by the legislature, both formally and fully. A person may not be punished unless conduct was defined as criminal defined
True or False: According to Legal Formalism , judges find law, but according to Legal Realism , judges frequently make law.
True
Constitutional limitations on criminal law
What can be criminalized How can it be criminalized - most closely related to criminal procedure - how can it be punished
political perspective
a point of view that considers power, authority, rules and laws, government and citizenship
Texas Heartbeat Act of 2021
aimed to prohibit nearly all abortions by providing for civil penalties that would be enforced by private citizens
Victims without crimes, AKA, harmful acts that are not criminally prohibited, is most similar to what other concept?
analogous social injury
What type of law does the standard of proof need to be beyond a reasonable doubt?
criminal
Which type of law does the defendant has right to an attorney even if they can't afford one?
criminal
Social Justice
justice at the level of a society or state as regards the possession of wealth, commodities, opportunities, and privileges
Distributive Justice
the perceived degree to which outcomes and rewards are fairly distributed or allocated "Distributive Justice is concerned with distribution of something in shares proportionate to the deserts of each among the several parties."
