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unwritten law but accepted |
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criminal law reflects the conflicts of interest of groups and that the more powerful groups define the law |
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criminal law originates in the will of the majority consensus on norms (formal norms are laws) |
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crime is defined by abstract meaning and symbols and is a label assigned by society. powerful impose values on society prohibition reaffirmed morality |
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establish order and peace sanctions are punitive (punished for crimes against society) standard of proof (beyond reasonable doubt) |
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social organization and social structures organized pattern social groups |
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variables statistically related does A influence B? A. education B. income |
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social control maintaining social order deter crime define relationships discourage revenge help society adapt express public opinion equity punishment |
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how substantive laws are applied how you can get confessions (no torture) |
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defines and determines rights (protects property) sanctions usually compensatory standard of proof (evidence) |
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wrong in themselves (murder) |
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wrong because prohibited (drugs) |
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principles of criminal law |
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unjustifiable act or omission occurred statute prohibiting act exists (previous law exists) causation (acts set in motion. police shooting burglar end up shooting someone else. burglar responsible) |
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entrapment self defense necessity duress (someone forces you to commit a crime) immaturity (excused if under 7) mistake (degree of ignorance) intoxication (slipped a drug then committed a crime) insanity (when you're not crazy you get out. then regular prison but avoids death penalty) |
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main difficulties in measuring crime |
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much crime unreported police decide if a crime occurred bias people can lie |
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1930 FBI nationwide voluntary reports. index crimes. part II offenses. rater per 100,000. |
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national crime victimization survey randomly selected people. |
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focuses on prevalence (ever) or incidence (amount) targets kids or prisoners for study |
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US is run by rich "the man" |
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index crimes: Aggravated assault forcible rape murder robbery arson burglary larceny-theft motor vehicle theft |
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crime
# (scale,<>, trends up or down) |
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violent 1.2 million property 9.06 million 1 year: violent -3.8 prop -.5 5 year: violent -15.4 prop -8.3 10 year: violent -15.5 prop -13.3 |
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patterns
geographic
social: sex, age, race, class |
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geographical: international US average violent and property crimes (high homicide) regions in the US (south highest violent and property crimes) community size (large population higher crime rate) social: sex (males crime rate much higher) Age: 82% are under 25 years old race: af. amer. 13% population/ 28% arrested whites 69% pop/69% arrested indian double arrest/population asian 6% pop/1.2 arrested -class (poor more guilty) instrumental crimes (necessity) |
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who is victimized? 5.8 mill viol. 14.8 prop. 1 year: violent up 12% prop up 11% 10 year: viol down 22% prop down 8% |
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victim is different source of plight |
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offender blaming system blaming |
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levels of shared responsibility |
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complete innocence facilitation (victim made it easier) precipitation (didn't walk away,kept fighting,ended up being killed) provocation (victim more responsible than the offender) total complicity (offenders pose as victims) |
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economic (property, medical costs) psychological & emotional indirect suffering (family) cycle of violence (victims grow up to commit crimes) fear of crime level differs (structural factors where you live) consequences |
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revictimized by criminal justice system (answer questions, relive the victimization) lose work to come to court lawyers embarrass victims |
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support for victims victim impact statement (chance to speak about it for harsher punishment) victim-offender reconciliation (juveniles) |
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offender offsets loss part of punishment (community service) |
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private insurance and the state |
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victim-offender reconciliation (juveniles) |
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