Criminology Exam 1 UMD

Criminology Exam 1 UMD Mal in Se -Latin phrase that means evil or no good -wrong or evil in themselves -Core of legal code=homoicide and robbery -shown wrong by nature Mala Prohibita -Wrong because a particular place or time said they can't do it. -prohibited -smoking weed is legal some places but illegal (prohibited) in others -wrong because prohibited *changes over time in society are gambling and prositiution Edwin Sutherlands definition- The scientific study of lawmaking, law-breaking, and the response to law-breaking Law breaking - Nature and extent of the crime Criminal justice - The study of agencies related to the control of crime Criminology - The study of crime trends, nature of crime and theories of crime Deviance - focuses on violations of societal norms -These may or may not also be law violations Normal violation that is not a law violation? Swearing to your mom, weird clothes Law violation that does not violate a norm? Underage drinking and smoking pot ♣ Criminal Law -act against the state -a public offense -punishment is loss of liberties or maybe death -fines go to the state -state does not usually appeal Proof beyond a reasonable doubt Civil Law Property law, this is where all the money is for lawyers Tort Law Same actions as criminal law, but private civil suits, if you win you win money -civil or private wrong -individuals bring action -Sanction is normally money damages -can receive compensation for harm done Preponderance of evidence is required for this decision* (who has more evidence) Methods of measuring crime -Uniform crime (UCR) -Self report crimes -Victim crimes UCR- Uniform crimes -Crimes that are reported to the police or FBI -Based on a population of 100,000 people -reported for the US cities and SMSA -Clearance rate is how effective the police are. -Expect duluth to get 5 homoicides per year, but is less to none. -Indexed and non indexed Clearance rate -is how effective the police are. The amount of crimes/arrests known. -Take the percent of burglaries in a year and percent of how many were arrested for burglary. UCR indexed (I) -Most serious. -Can be violent or nonviolent. Violent-Homoicide, rape, rob, assault. Nonviolent ones-rob, motor theft, arson UCR non-indexed (II) -all others except traffic -DUI, drug tickets CRITICISMS AND LIMITATIONS OF UCR -Cant capture the "dark figure" of crime -Methodological hiccups -Most common form of crime is theft. -Most victims of theft are the ones up to no good like a weed dealer more likely to get robbed because more money -Most homicides get reported but most thefts/burglaries don't (Not always accurate, still give good trend) Common rule: one crime per incident. Someone is robbing and the other kills them Self report Survey -participants (usually juveniles) revel information anonymously about their violations of the law -gets at victimless crimes -when its anonymous they are less likely to lie Advantages of Self-report -Measure theoretical concepts and connects with criminal behavior Disadvantage of Self report -Many underestimate "chronic offenders" -people can lie -Survey methodology problems like seriousness of offense no national survey trends National Crime Victim survey (NCVS) -People are likely to report as a victim -Takes a sample to see how many people are victims NCVS- surveys of victim experiences. -Counter balance UCR Advantages of NCVS -asks people about their encounters with crime as victims -nationally representative sample Disadvantages of NCVS -little info about the offenders -cant access some crimes -limitations of survey research UCR data -Aggregate data to see trends known to police -crimes reported to the police -not individual level -finds poverty and murder rates Self-report Data -individual level -find drug use -only good source for victimless crimes NCVS Data -Aggregate data to see the trends of the victims -Shows poverty has decreased in a long term trend (per 1000 houses) UCR and NCVS data show Decrease in violent crimes since mid 1990s. -sharp decline of violent crimes by juveniles US homicide rates -unique on our rates -5X more likely than other european countries -Especially gun related even if you took away all the guns we would still have the highest homicide rates HA UCR, Self-report, NCVS all indicate that males are more likely to commit criminal acts than females -men encounter 90% of homicides and 80% of robberies -because testosterone Strongest correlation to crime Sex Actus Reas -Physical act most be voluntary -If crime "failure to act" there must be legal obligation or statutory obligation -Deny: I didn't do it Mens Rea -General to specific intent -ex) i didn't mean to rob your house by breaking in to sleep -Negligence= didn't mean to but should of known it would cause damages -strictly liability offenses Deny: Ignorance/mistake. I was drunk Insanity defense -Mens rea -has rare success -mentally ill so i couldn't tell right from wrong - if you win, mental institution longer than a prison sentence Procedural vs Substantive -Criminal laws that decide it should be illegal, passes the law Procedural= process the case will go through. go to trial or not. Procedural law determines the action concerning what of substantive law will occur Substantive= how facts in the case will be handled, how will the crime be charged Classical school - (1750s-1900; 1970s-now) -Pursue pleasure, avoid pain. Humans use hedonistic calculus (betham), this is normal right or wrong of action and amount of pleasure/pain produced -Utilitarian philosophy (Becarria and Bentham) -based on the noble vision that all humans were endowed with free will and equal rights, it suggested that crime was a rational choice based on the pleasures of an illegal act outweighing its pain -Basis of deterrence theory -Humans avoid pain, so the more pleasure you get from the act, the more pain if we catch you Positive School (1900-present) -Crime is caused by outside forces (determinism) -Solution is to fix these outside forces (medical model or rehab) -Scientific research on offender's crime. Not law. -Positive school means to believe that crime is caused by factors Types of positivism- psychological and biological determinism. Classical school (short) -pursue pleasure, avoid pain -humans free will -benefits outweigh the costs Positive school (short) -crime is caused my outside forces -scientific research -determinism -psychological or biological determinism Demonic Perspective (Pre 1750s) -Crime as Gods will, result of demonic possession Conflict view - battles over what should be legal or not, whoever wins go after who they beat. Big all conflict. -EX) Abortion, prostitution and gambling being legal or not?