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law developed by judges through decisions of courts and similar tribunals |
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Written law set down by a legislature |
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The body of law that relates to crime.
Rules that defines conduct that is prohibited by the state because it is held to threaten, harm or otherwise endanger the safety and welfare of the public, and that sets out the punishment to be imposed on those who breach these laws |
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The branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. |
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The body of law that governs the activities of administrative agencies of government. |
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Creating law ad hoc by fiat |
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A formal authorization or proposition of law after the crime has been committed. |
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A culpable action or inaction, prohibited by criminal law and punishable by the state as a misdemeanor or felony. |
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A crime punishable by less than one year imprisonment. |
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A crime punishable by more than one year imprisonment.
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Criminally responsible at the time of the act (criminal intent) and no acceptable defense. |
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an unintentialnal act of negligence leading to harm (i.e. drunk driving that leads to another's death) |
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Intent can be transferred between victims, between torts, or both. |
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a wrongful act or an infringement of a right (other than under contract) leading to legal liability. |
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is liability for which mens rea (Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus (Latin for "guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offence. |
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Substantial Capacity Test (1972) |
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Not criminally responsible if, due to mental defect or disease, one lacks substantial capacity either to appreciate the wrongfulness or to conform to the requirements of the law. |
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Insanity Defense Reform Act (1984) |
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Not culpable if "as a result of severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his acts."
The defendant must prove insanity, by "clear and convincing evidence." |
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Ideal Characterisitcs of Criminal Law |
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Penal Sanction
Uniformity
Politicality
Specificity |
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Crime is not a characteristic of the act, but a characteristic of the offender. |
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Crime is defined by the elite to serve their own ends. |
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Believed:
- Injury is to the state
- Prevention trumps punishment
- Prison was better than bizarre torture
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Believed:
- "the greatest happiness for the greatest number" (utilitarianism)
- Felicity Calculus
- Punishment should fit the crime
- The amount of pain necessary to deter criminal behavior
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Algorithm formulated by utilitarian philosopherJeremy Bentham for calculating the degree or amount of pleasure that a specific action is likely to cause. |
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Insight:
- Exactly what we call crime depends on how law emerges
- Where does law come from?
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When the majority agrees (e.g. murder is bad). |
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Utilitarianism: the doctrine that actions are right if they are useful or for the benefit of a majority.
Beccaria and Bentham |
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The school employs a rationalist, direct and scientific approach to policy-making for the prevention and control of crime.
Introduced the concept of 'free will.'
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The presence of a physical defect determines the outcome of criminal behavior. |
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Deprivation via capitalism creates incentives to be criminal. |
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- Focus on counts of things
- Often employ statisitcal analyses
- Demonstrate prevalence
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- Tend to be more rich in the details, but weaker on counts
- Rarely employ statistical analyses
- Explain how and why something might happen
- Demonstrate presence
- Cannot demonstrate prevalance
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Often in-depth documentation of phenomena that flow from open-ended and/or unstructured interviews and observation.
Similar to surveys, but generally have fewer respondents and less structured questions. |
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Differ from other studies because these focus on events from the past. Sometimes secondary analyses of older surveys.
Often require innovative techniques. |
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Pros:
- Generalizability
- Can survey lots of people for less money than ethnography
Cons:
- Relies on current state of knowledge for hypothesis
- Data is less rich, as it is restricted by the questions researchers thought to in advance
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Pro: experiments are the best type of study for getting at causality.
Con: monetary cost and ethics |
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Ethnography
Archival
Survey
Experiment |
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Uniform Crime Reports (UCR) |
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Data collected by the FBI via your local police department. |
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Data submitted by offenders. |
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Difference in official data and actual criminal activity. |
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Difference in surveys or self-reports and actual criminal activity.
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Time Order
Non-spuriousness
Intervening?
Correlation |
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a mutual relationship or connection between two or more variables |
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Is there a presence of variables that come between the two variables you are comparing?
Most people will not include intervening variables in discussions about criteria for causality. |
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In order to be sure that two variables are causally related, you need to eliminate any other explanations that could work.
Spurious: not valid, fake, false, counterfeit |
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Begins with the idea that some things have no essential nature.
A process that results in shared meanings.
(e.g. hand gestures mean different things in different countries) |
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'A Tale of Five Administrations'
(Beckett and Sasson) |
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Examines how crime and the appropriate response to crime was socially constructed.
Key argument: contemporary war on crime/drugs reflect the ascendance of a particular framing of the crime problem as the result of permissiveness, leniency, and too much support. |
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Lyndon B. Johnson's social wlefare programs:
- Civil rights
- Medicare
- Medicaid
- Public Broadcasting
- Environmental protection
- Educational aid
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Ronald Reagon's Argument on Welfare |
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Welfare and other social welfare policies account for increase in crime rate.
Welfare is not the government's job, policing and protection is. |
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Headed the 'War on drugs' |
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Bill Clinton's stance on Welfare |
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Clinton cut welfare a lot (1996):
- Capping length
- Requiring work
- Cutting benefits to abnormal immigrants
- Requiring unwed teens moms to live at home and continue school
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Drew Humphries and Crack Moms |
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- Concaine moms originally framed as repentant, white females
- Institutional bias: Black women were significantly more likely than white women to be tested for drugs at time of delivery
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Cohen (1980):
- someone or something is defined as a threat to values or interests
- this threat is depicted in an easily recognizable form by the media
- there is a rapid build up of public concern
- there is a response from authorities or opinion makers
- the panic recedes or results in social changes
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When certian scientific findings are excluded from the literature due to some bias held by the field or editorial board. |
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- technical: "a cluster of cases greater than the background noise level"
- public: "rapid, prehaps deadly, spread of a disease...multiplying risk of infection"
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The system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties
A natural product of the informal rules of interaction of society.
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The dominant social system in medieval Europe, in which the nobility held lands from the Crown in exchange for military service, and vassals were in turn tenants of the nobles, while the peasants (villeins or serfs) were obliged to live on their lord's land and give him homage, labor, and a share of the produce, notionally in exchange for military protection. |
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- Darwinian
- Focused on biological determination
- Described the criminal as "atavistic," meaning of a lower phylogenetic level
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Acts that offend the basic moral sentiments of pity and probity |
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System that holds that every rationally justified assertion can be scientifically verified or is capable of logical or mathematical proof |
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the scientific study of mental disorders |
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"The interstitial areas of our major cities reflected a high degree of sociocultural heterogeneity; resulting in a breakdown in social organization and norms, which made deviant behavior much more common place." |
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The Labeling Effect (Howard Becker) |
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"Social groups create deviance by making the rules whose infraction constitutes deviance, and by applying those rules to particular people and labeling them as outsiders." |
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Radical Marxist Criminologists |
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'Focus their analysis on the state as a political system controlled by the interests of the "ruling capitalist class," especially through the use of law as a tool to preserve existing inequalities.' |
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When media images are consistant with the lived experience, media and experience mutually reinforce citizen's fear.
Fear increases with greater television exposure, but only in high-crime neighborhoods. |
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Reasons for violence in adolesent relationships |
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Poverty and socioeconomic labeling causes crime. |
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Conservative view of Crime |
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Bad people and permissiveness causes crime |
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When police conduct falls "below standards for proper use of power." |
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'Locating the Vanguard in Rising and Falling Homicide Rates Across U.S. Cities' |
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Blumstein believed there has been an arms race associated with the growth of crack cocaine markets.
Large cities --> Small cities |
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Neighborhood Disadvantage |
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The are higher rates of violence in neighborhoods, which exhibit:
- High levels of poverty
- Unemployment
- Family disruption
- Residential instability
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When parents know the parents of their childrens friends, they may facilitate control and make sure the child is surrounded by positive role models. |
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Author of 'Defining Crime: An Issue of Morality'? |
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Author of 'Historical Explanations of Crime: From Demons to Politics' |
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Author of 'Approches to Social Research' |
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Author of 'The Mark of a Criminal Record' |
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Author of 'Reconciling Race and Class Differences in Self-Reported and Official Estimates of Delinquency' |
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Author of 'Crime Statistics: Reporting Systems and Mehtods' |
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Author of 'The Politics of Crime' |
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Beckett and Theodore Sasson |
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Author of 'Breaking News: How Local TV News and Real-World Conditions Affect Fear of Crime' |
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Author of 'Realities and Images of Crack Mothers' |
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Author of 'Gender and Adolescent Relationships Violence: A Contextual Examination' |
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Author of 'Neighborhood Disadvantage and the Nature of Violence' |
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Author of 'Explaining Racial and Ethnic Differences in Adolescent Violence: Structural Disadvantage, Family Well-Being and Social Capital' |
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Author of 'Age and the Explanation of Crime' |
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Author of 'Juvenile Delinquency and Gender' |
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Author of 'Juvenile Delinquency and Urban Areas' |
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Author of 'Rethinking the Chicago School of Criminology: A New Era of Immigration' |
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Author of 'Neighborhood Inequality, Collective Efficacy, and the Spatial Dynamics of Urban Violence' |
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Author of 'Towards a Theory of Race, Crime, and Urban Inequality' |
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Author of 'Divergent Social Worlds' |
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(1) Linkage of trust and cohesion with shared expectations for control.
(2) A task-specific construct that highlights shared expectations and mutual engagement by residents in local social control |
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The social ties among persons and positions; features of social organization norms, and trust that facilitate coordination and cooperation for mutual benefit |
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Actual neighborhood interaction, instead of neighborhood boundaries imposed by the census |
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Spacial Dependence and Homicide |
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Implicated by the fact that homicide offenders are disproportionally involved in acts of violence near their homes. |
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Institutional Social Capital (Morenott) |
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The resource stock of neighborhood and organizations and their linkages with other organizations |
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Public Control (Morenott) |
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The capacity of community organizations to obtain extra local resources (e.g. police protection, health services) that help sustain neighborhood stability and control |
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Concentrated Disadvantage |
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Economic disadvantage in racially segregated urban neighborhoods |
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Residential Stability (Morenoff) |
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The percentage of residents age 5 or above who lived in the same house for 5 years earlier and the percentage of homes that are owner occupied (not rented) |
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Level of Explanation and Units of Analysis: Individual |
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Unit of Analysis: Person
Crime Outcome: Criminal Acts
Type of Explanation: Social Psychology |
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Level of Explanation and Units of Analysis: Group
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Unit of Analysis: Group or Organization
Crime Outcome: Group Rates
Type of Explanation: Collective behavior or organizational
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Level of Explanation and Units of Analysis: Societal
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Unit of Analysis: Society
Crime Outcome: National rates
Type of Explanation: Political economy
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Level of Explanation and Units of Analysis: Time
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Unit of Analysis: Temporal unit
Crime Outcome: Time series
Type of Explanation: Historical or life course
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of or denoting circles, arcs, or other shapes that share the same center, the larger often completely surrounding the smaller |
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- Deteriorated housing
- Factories
- Abandoned buildings
- Most crime occurs here
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- Single family homes
- Yards/garages
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Spatial Distribution of Delinquency in Chicago |
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- Transitional zone delinquency (ZiT)
- Less delinquency wiht distance from city center
- Crime rates remained consistent despite Ethnic Succession
- Ethnic groups who moved to suburbs experienced declining rates of delinquency
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Key problem of Social Disorganization Theory (SDT), per Peterson and Krivo? |
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Social phenomena that are segregated |
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- Education
- Jobs
- Home loans
- Health care
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