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SOC 105
Exam 3- Lecture Material
| Term | Definition |
|---|---|
| Criminal law | crimes against the state or federal government; immediate victim is an individual; court needs to be proven against reasonable doubt (almost 99%) |
| Civil law | crimes against another person; court has lower standards of proof, more likely guilty than not (greater than 50%) |
| Felonies | more serious crimes where the offender does time in a state or federal prison for 12 or more months |
| Misdemeanors | less serious crimes where the offender does less than 12 months in county jail |
| Mala in se | crimes that are rooted in core values of western civilizations (ex. murder); we define these laws as natural (natural laws to control behavior) that inflict harm unto others |
| Mala prohbitum | statutory crimes that reflect our current public opinion and our social laws; has to do with one's values (ex. drug use or age attributed crimes) |
| What are the situations when you have a legal duty to act in actus reus? | relationships of parties based on status, impositions by statute (law compels you to act), contractual obligations |
| Intent | intentionally, knowingly, and willingly performing the action; different degrees of intent: constructive intent and transferred intent |
| Doctrine of strict liability | you are guilty in the act itself, intent is not needed (ex. speeding) |
| Ignorance/mistake as a criminal defense | can be used for example when fake IDs are involved in statutory rape and a guy thought that the girl was of age due to her fake ID |
| Insanity plea as a criminal defense | state of mind as the time the crime was commissioned; state of mind made them unable to tell the difference between right and wrong; mental defect must be present in M'Naghten Rule and substantial capacity test |
| Controversy surrounding insanity pleas | many believe insanity defense is a way around a guilty plea, many believe that if you are mentally ill, you go to a mental hospital and leave when cured, and most people unaware that your stay in a mental facility may be longer than if they pleaded guilty |
| When can intoxication be used as a criminal defense? | when it is a mistake due to force or duress |
| Duress | when one person commits an illegal action because the defendant or a third person was threatened by another with death or serious bodily harm if the act is not performed |
| When can duress not be used? | in taking the life of another person (lesser of 2 evils doctrine) |
| Necessity | a defense when a person must break the law to avoid a greater evil (usually caused by natural physical forces) |
| When can self-defense be justified as a criminal defense? | an individual is justified in using force to protect themselves, the force must be no greater than to prevent the danger; must have reasonable belief that you are in danger of great bodily harm or death or its necessary to prevent the harm |
| Does a person have a duty to retreat before using a deadly force? | most states maintain that an attacked person doesn't have to retreat, even if they can safely do so |
| Can you use force in protecting your personal property? | most states argue that you can use force to protect personal property, only after repeated attempts at verbally stopping the perpetrator; cannot use deadly force |
| Michigan's Stand Your Ground Law | you do not have to retreat before using force |
| Requirements of Michigan's Stand Your Ground Law | the place you are at, you have the legal right to be, and you are not engaged in illegal activity |
| Valid reasons to use force in Michigan's Stand Your Ground Law | you fear death, you fear serious bodily injury, you fear forceable sexual penetration |
| Conditions that must be met in Michigan's Stand Your Ground Law | the threat must be imminent, the attacker must have intent (verbal or nonverbal), the person must have ability |
| 2 situations in which police can override privacy rights | police have probable cause for evidence to be found and the judge issues a warrant, and circumstances/issues when a search warrant is not required and the police can conduct a search |
| Can the police search your cell phone? | yes, if you consent to it by handing your phone over and the officer can take your phone in an emergency situation where important evidence can be destroyed |
| Do the police have the right to use your cell phone location without a warrant? | no |
| Situations when illegally seized evidence could be used against you... | could be considered by a judge when deciding the conviction, admitted in some civil and deportation cases, and by a prosecutor to impeach a witness who testifies at a trial |
| Consent search | you consent to the search, whatever found is legal |
| When can police seize nonphysical evidence? | if there was no expectation of privacy (such as in a casual conversation) |
| Crime data shows that most offenders... | commit a single criminal act |
| Chronic offenders | 5 or more times of police contacts (not being pulled over) |
| Non-chronic offenders | less than 5 times of police contacts |
| Does court experience deter offenders? | no |
| The more times arrested/punished... | more involved themselves in crime due to their norms/values; thrill of being caught |
| Wolfgang, Figlion, and Sellin | created 2 studies: the delinquency in a birth cohort i and cohort ii |
| Cohort ii | |
| 4 bonds of control theory/social bond theory | attachment (internalization of norms), commitment (to conformity), involvement (in other activities), and belief (in a common value system/value system that we have) |
| Trajectories | pathways of your lives (ex. student or criminal behavior) |
| Transitions | embedded on trajectories; major changes in life |
| Differential social organization | crime is rooted in social organization; it is the expression of that social organization; a group can be organized for criminal or anticriminal behavior |
| Crime and its rate is an expression of... | the differential group organization |
| Crime is a result of... | adopting the norms and values of what group you lean to (criminal, both, or noncriminal) |
| Reinforcing element | people could engage in behaviors that may be the opposite of what you want to gain attention |
| 2 shortcomings of Sutherland's learning theory | theory offers an oversocialized conception of human beings (people can act independently and not as a result of others), and problem w/ logic as learning theory talks about being deviant by learning deviant norms and their actions are evidence of the norm |
| Cohen's theory of delinquent subcultures | delinquent behavior of lower class youth is a protest against the norms and values of the middle and upper classes |
| Problem with Cohen's theory of delinquent subcultures | indicates crime resides in the lower classes, even though it resides in the upper and middle classes and most of the poor don't engage in crime |
| What does the differential opportunity say about motivation and pressure? | they don't fully account for deviant behavior, it needs to be learned as well |
| Neutralization theory | argue that most delinquents and criminals hold conventional values and attitudes, but they master techniques that allow them to neutralize their values and drift back and forth between illegitimate and conventional behavior (subterranean values) |
| Subterranean values | morally tinged influences that are part of our culture and are publicly condemned behaviors, but many of us have done them in private |
| 2 main arguments of neutralization theory | most committed criminals and delinquents are not involved in crime all the time, and 4 observations for the legitimacy of theory |
| 4 observations for the legitimacy of neutralization theory | sometimes criminals voice a sense of guilt for their actions, offenders/criminals can admire/respect law-abiding citizens, sometimes criminals draw a line between who they can and can't offend, and criminals are not immune to the demands of conformity |
| Techniques of neutralization | denial of responsibility, denial of the injury, denial of the victim, condemnation of the condemners, and appeal to higher loyalties |
| Shortcoming of neutralization theory | not all violators think about crime before they do it |
| Labeling theory | explains deviance through 2 main points |
| 1st main point of labeling theory | does not devote effort on explaining why certain people engage in deviant acts, it does stress the importance of the process through which society defines acts as deviant and the role of negative social sanctions in influencing social behavior |
| 2nd main point of labeling theory | incorporates 2important components: a certain conception or definition of deviance (the reactivest conception)&concern about the consequences of social control (focus on society's reactions, not act itself)&deviance determined by reactions, not norms |
| 2 kinds of deviance | primary and secondary deviance |
| Primary deviance | occasional acts of deviant behavior |
| Secondary deviance | people see you as that label and you see yourself as that label |
| Master status | when everyone only sees you as the label, the label defines everything about you and it is who you are |
Created by:
kkade
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