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CRIM J EXAM 1 2024/2025 WITH WITH 100% ACCURATE SOLUTIONS who makes law - Answer- elected officials - we elect officials based on our support of their policies, so we technically make the law - most law is made at the federal level who enforces law - Answer- police - most law is enforced at local level public order vs individual freedom - Answer- we have to accept that we might not catch offender because of our rights and certain laws conservative viewpoint on crime - Answer- tough on crime - more cops and prisons liberal viewpoint on crime - Answer- less sentencing - treatment instead of prison - soft on crime crime control - Answer- like an assembly line - everyone in criminal system, is assumed guilty - process of more cops to catch more criminals (efficiency) - not much thought on why crime occurs - goal to make less crime happen Due process - Answer- like an obstacle course - many steps before jail and a harder process - rights are upheld - reliability Crime - Answeran act of commission (something you do) or omission (supposed to do) in violation of the law where there is a potential punishment Mala in se - Answer- wrong in itself - crime that is wrong mala prohibita - Answer- wrong because its prohibited - criminal acts that are debated wrong visible crime - Answer- violent (physical) (robbery) - property (stealing someones stuff without physical interaction, burglary) - public order (behavior that makes you uncomfortable) - typical crimes (theft) factors that impact crime trends - Answer- age (more young people=more crime) - crack cocaine (caused huge increase in crime) - policies and laws (change of law can increase or decrease crime) victimology - Answer- field of criminology that examines the role the victim plays in precipitating a crime incident who is victimized - Answer- depends on town, area, age, income, money (more money=less likely crime victim) victim and offender - Answer- most times victim and offender are acquainted - differs from offense - robbery (usually don't know them) - rape (usually has a relationship with victim) cost of crime - Answer- victim has medical expenses, mental issues - cost of employing cops and building prisons fear of crime - Answer- most likely victimized are usually people with less fear of it happening - not a constant thought, but fear comes from news reports and politicians - some groups with fear take precaution - knowing victims or being a victim before creates fear Crime victims bill of rights - Answer- gives victims certain rights - bill gives right to know info others don't, right to be directed to court by victim advocate victim experiences - Answer- many only care about victims to get info and catch criminal - training has slightly improved to support victim but still not great the classical school - Answer- criminal behavior is a choice and is done from someones free will - pleasure/pain principle, utilitarianism - individuals weigh the costs and benefits of engaging in crime - policy is concerned with increasing the cost and decreasing the benefits the positivist school - Answer- criminal behavior is beyond the control of the individual - determinism - criminals are fundamentally different from noncriminals - brain defect or something wrong biological old school - Answer- lombroso (1912)- measured differences in 2 types of people for cj, concluded criminals are less evolved human beings (ape like) - Goddard (1902)- inheritability of crime, tracked criminal families biological new school - Answer- wilson and herrnstein (1985) - fishbein (1990) - more resources in technology freud psychoanalytical theory - Answer- id- pleasure seeking, doing what is good in the moment - ego- middle ground, balance id and superego - superego- right vs wrong - not actually parts of brain, ideas psychopathology - Answerdifficulty controlling extreme emotions social structure theories - Answer- looking at classes in society and how it affects things - anomie anomie - Answer- breakdown in expectations of social behavior, acting out of norm creates more to do it - merinos term criminal justice wedding cake - Answer- layer 1- celebrated cases - layer 2- the serious felonies - layer 3- lesser felonies - layer 4- the misdemeanors CJ in multicultural society - Answer- minorities are processed at disproportionate rates - discrimination vs disparity (real reasons) - 3 possible explanations- minorities commit more crime, the CJ system is racist, America is a racist society criminal law vs civil law - Answer- civil law- offense against a person, you most likely did it (result in fine) - criminal law- offense against society, takes a lot to prove in court (jail, death penalty) - some crimes can violate both substantive criminal law - Answer- substance of law - defines what we can't do and must do - punishment by legislature procedural criminal law - Answer- procedures decided for law - how cops and judges and other officials can act - comes from Supreme Court Sumerian law - Answer- earliest law, don't have much on it - based on an eye for an eye (revenge) - victim brought criminal to court - not everyone treated with equal rights common law (English) - Answer- tradition - judges make decisions, sometimes random - wasn't written down, passed down from judge to judge written law - Answer- everyone knows law - constitutions, statues, court decisions (case law) - administrative regulations (DNR) felony - Answer- most serious form of crime, more consequences - prison for over a year, or death penalty - classes of felons is different by penalties (9 classes) misdemeanor - Answer- most likely not prison - only 3 classes of penalties ordinance violations - Answer- violations of city law - result in fine, not jail principles pf criminal law - Answer- in order for something to be a crime it has to fit all 7 principles 1. legality- written and defined in law as a crime 2. actus reus- criminal act, commission or omission 3. mens rea- intent to commit crime 4. concurrence- intent and act happen at same time 5. harm- harm some legally protected value (person, property) 6. causation- illegal act has to have cause harm, can be indirect harm 7. punishment- all crimes have punishment strict liability offense - Answer- when intent doesn't need to be proven inchoate offense - Answer- exception of direct harm - hire hit man entrapment - Answer- gov officials (police) induce criminal behavior - trick people into making crimes - make criminal act attractive (usually with money) defenses based on lack of intent - Answer1. entrapment- trick people into committing crimes 2. self defense- right to defend yourself against harm