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Private wrong or injury committed by one party to another (civil) |
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Public wrong committed against society |
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State or U.S. versus person |
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Person versus person (two private parties) |
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beyond reasonable doubt (90%) |
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preponderance of evidence (51%) |
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- must act knowingly and purposefully |
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awareness of consequences |
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intention (to harm); not accidental |
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1. Negligence 2. Harm is greater than anticipated 3. Felony-Murder Doctrine 4. Where victim is not intended victim 5. Actus reas 6. Accident 7. Mistake of fact 8. Self-defense 9. Insanity 10. Necessity 11. Ignorance of law |
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Conditions of Self-Defense |
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1. Force must be proportional to threat against you 2. Cannot use lethal force to protect property 3. Before lethal force, life must be in imminent danger 4. before lethal force must, if possible, flee |
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purposefully but not knowingly |
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claim that crime was committed in order to achieve greater good (Regina vs. Dudley |
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When laws are not publicized efficiently, recently changed, or uncomprehensible |
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study of crime distribution |
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- discussion of what to do about crime - laws concerning crime - fear of crime |
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Difficulties in crime measurement |
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- fear - belief that law enforcement can't do anything - fear of retaliation - memory of crime - victim-less crimes - police over-reporting to produce fear/ under-reporting because of political/ economic influence/ gain |
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number of crimes/ popuation |
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number of crimes and offenses |
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number of criminals and offenders committing crimes |
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-police data that measures crime started by FBI -inaccurate -oldest (1930s) -FBI uses to standardize definitions of crime |
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criminals reporting on themselves |
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surveying victims of crime |
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most reported by witnesses |
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- arrests divided by offenses know to police - high rates look better for cops |
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5.6 per 100,000 people a year |
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VC is low with 26 homicides and 312 forcible rapes |
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- very dangerous - very high crime rate - Dallas has 8/9 times as many homicides as Austin |
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- number of crimes in an area - number of arrests made - clearance rate - not very accurate/ most crimes unreported - age, sex, race of offenders - no information on victims - no information about crime over time |
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of all crimes committed in one event, only the most serious is reported (makes incidence inaccurate) |
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2 crimes most accurately reported in UCR |
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difference between true number and those know to the police |
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-recounting one's own behavior -used in etiology studies -certainty of getting caught is very low - largely limited to juveniles - questions of validity |
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Victimization Data (NCVS) |
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- 1970s -Sample a population - high cost - homicide hard to measure (victims are dead!) -best for measuring crime - not accurate for prevalence/ trends |
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Violent Crimes (least common) |
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- Homicide - Aggravated Assault - Forcible Rape - Robbery - Arson |
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- clear evidence of crime - post mortem lividity - witnesses (3+) - |
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-15,000/ year -not evenly distributed chances (male/ african american) -more common in inner cities - 1/4 felony murder (robbery) |
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- unemployment rates - poor school system - police avoidance - drug culture - alcohol abuse - gangs |
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- 2/3 firarms ( 50% handguns, then shotguns, then rifes) - 20% knives - 10% other weapons - 5% personal means |
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- aged 16 to 24 (peak 22) - 50/50 white or black 80% male - typical same race killing |
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Homicide victim/ offender relationship (Wolfgang) |
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- close relatives - close friends - lovers - acquaintances |
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1. spousal 2. children 3. parents 4. sibling |
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- women most likely to kill husbands in kitchen/ with firearm - men most likely to kill wives in bedroom/ no specific weapon |
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- typically have never been arrested - most priors are alcohol/ assault related - recidivism = 0.5% |
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- 3+ people present - alcohol - 2 young males - argument - threat issuance - physical confrontation |
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two most common events preceding to homicide |
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- romantic triangles - money |
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Victim Precipitated Homicide |
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- victims of homicide precipitated their own deaths |
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- 11-2 - Friday/ *Saturday night - July- August, December - sporting events |
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- 4+ victims - postal offices/ schools - contagion effect - family/ co-workers |
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- victims tend to be women (strangers) - use personal means (hands) - sexual motives (deviance) |
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unlawful attack by one persona upon another person for the purpose of creating severe or bodily injury |
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What prevents A.A. from becoming a homicide? |
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- availability of medical care - nature of wound(s) |
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Carnal knowledge of a female forcibly and against her will |
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consensual sexual intercourse between an adult and a minor |
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Person is in a situation where they are not capable of making rational decisions - drunk - coma - mental illness - date rape drugs |
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- resistance - fear of murder - public places & victim's home - 30% are completed (McDermitt) |
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number of completed rapes divided by number of uncompleted rapes (critical value = 1.0) |
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- night time - higher completion rate - offender more likely to be armed - more psychological harm to victim |
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- decrease in completion - increase in risk of bodily injury |
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- evidence of resistance - corroboration - sexual history of victim - consequence of death penalty |
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Michigan Criminal Sexual Assault Law |
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1974; eliminated proof of resistance, corroboration, sexual history (unless victim had previously had intercourse with offender) |
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Rape Convictions (Gary Lagree) |
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- time elapsed - multiple offenders - victim age - "non-conformist" behavior |
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Forms of Mass media portraying crime |
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Newspaper, Radio, TV, Books, Movies |
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Founder of Mystery Literature |
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dominant media of our age, dominant source of media violence |
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increase attention, associated with personal well being or well being of others |
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leads to "indirect victimization" |
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physiological responses to fear |
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- increased heart rate - rapid breathing - sweating - decrease salivation - increased galvanic skin response |
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aroused by immediate danger/ threats |
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reactions to future or past events |
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Highest feared crime in America |
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Residential burglary (serious + likely) |
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darkness, novelty, presence of bystanders |
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graffiti, broken windows, trash, litter, homeless, drug sellers/ users, prostitutes |
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Why are women more afraid of crime |
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greater sensitivity to risk (though lower actual risk, excluding rape) |
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-parents more fearful for children -husbands more fearful for wives/ children -declines with age |
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