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2013-11-08 16:02:10

Midterm 2
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  1. mala in se vs mala prohibita
    mala in se: acts that are thought to be wrong in and of themselves (e.g. sexual assault)

    mala prohibita: acts that are wrong only because they are prohibited (e.g. drug use, prostitution)
  2. mores
    • proscribe serious violations of a group's values
    • -extends against multiple societies
    • -consensus about what's right/wrong
  3. folkways
    • time honored customs based on tradition
    • e.g. equality for women
  4. laws
    • codified into formal strictures
    • created for enforcement purposes
  5. The Code of Hammurabi
    • one of first known body of law
    • focused on issue of theft, property ownership, sexual relationship
    • emphasis on retribution
  6. Early Roman Law
    • derived from the twelve tables
    • basic rules regulating family, religion, and economic life
    • based on common and fair practices
  7. The Justinian Code
    • Public law - the Roman state
    • Private law - contracts, possessions
  8. Common Law
    • unwritten legal precedents supported by court decisions
    • based on shared traditions and standards
    • often referred to as "the major source of modern criminal law"
    • judge made law
  9. The Magna Carta
    • "great charter"¬†
    • a man's home is his castle
    • concept of "due process of law"
    • "the foundation stone of our present liberties"
  10. The Enlightenment
    also known as the Age of Reason. A social movement that arose during the late 17th and 18th centuries and built upon ideas such as empiricism, rationality, free will, humanism, and natural law
  11. social contract
    the Enlightenment-era concept that human beings abandon their natural state of individual freedom to join together and form society but surrender some freedoms to society
  12. Thomas Hobbes
    • had negative view of the world and people
    • introduced social contract
    • people are born evil
  13. John Locke
    • put forth idea that the natural human condition at birth is akin to that of a blank slate (tabula rasa)
    • people are born neutral
  14. natural law
    a body of unchanging moral principles regarded as a basis for all human conduct
  15. Jean-Jacques Rousseau
    human beings are basically good and fair in their natural state, but world makes us cynical and bad
  16. Thomas Paine
    • natural rights cannot be granted by anyone
    • if you give something, you have the right to take it away
  17. natural rights
    the rights that individuals retain in the face of government action and interests
  18. The Classical School
    • developed from period of Enlightment
    • men and women are rational beings
    • crime is the result of the exercise of free will
    • remedied deterrence
  19. Cesare Beccaria
    • torture was unfair; confession may have nothing to do with innocence or guilt
    • the death penalty-people gave up certain rights when they joined society, but never agreed that the state should be able to kill them
  20. Cesare Beccaria thought punishment should be
    • deterrent
    • swift and certain
    • fit the crime
  21. Jeremy Bentham
    thought humans are fundamentally rational and that criminals will weigh in their minds the pain of punishment against any pleasures thought likely to be derived from crime comission
  22. hedonistic calculus
    the belief that behaviour holds value to any individual undertaking it according to the amount of pleasure or pain that it can be expected to produce for that person
  23. Effects of Classical School
    • criminal codes
    • modern police forces
    • modern prisons¬†
    • crime statistics
    • due process
  24. Just deserts
    the notion that criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type and severity of the crime committed.
  25. deterrence
    the prevention of crime
  26. specific deterrence
    a goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality
  27. general deterrence
    a goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced
  28. recidivism
    the repetition of criminal behaviour
  29. capital punishment
    the legal imposition of a sentence of death upon a convicted offender
  30. dangerousness
    the likelihood that a given individual will later harm society or others; it is often measured in terms of recidivism, or the likelihood of new crime commission or rearrest for a new crime
  31. incapacitation
    the use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offences
  32. law-and-order advocates
    those who suggest that, under certain circumstances involving criminal threats to public safety, the interests of society should take precedence over individual rights
  33. atavism
    a concept used by Cesare Lombroso to suggest that criminals are physiological throwbacks to earlier stages of human evolution.
  34. constitutional theories
    those that explain criminality by reference to offenders' body types, genetics, and/or external observable physical characteristics
  35. somatotyping
    the classification of human beings into types according to body build and other physical characteristics
  36. endomorph
    a body type originally described as soft and round, or overweight
  37. mesomorph
    a body type originally describe as athletic and muscular
  38. ectomorph
    thin and fragile, with long, slender, poorly muscled extremities, and delicate bones
  39. Id
    the aspect of the personality from which drives, wishes, urges, and desires emanate. More formally, it is the division of the psyche associated with instinctual impulses and demands for immediate satisfaction of primitive needs
  40. psychotism
    • most likely to be criminal
    • characterized by creativeness, tough-mindedness, anti-sociability, a lack of empathy, hallucinations, and delusions
  41. ego
    personality component that is conscious, most immediately controls behaviour, and is most in touch with external reality
  42. superego
    moral aspect of personality
  43. crime
    crime is a compromise, representing for the individual the most satisfactory method of adjustment to inner conflicts which he cannot express otherwise.
  44. alloplastic adaptation
    a form of adjustment resulting from changes in the environment surrounding an individual
  45. autoplastic adaptation
    a form of adjustment resulting from changes within an individual
  46. McNaughten rule
    a standard for judging legal insanity that requires that offenders did not know what they were doing, or if they did, that they did not know it was wrong
  47. Not criminally responsible on account of mental disorder (NCRMD)
    a finding that offenders are responsible for committing the offence that they have committed but, because of their prevailing mental condition, should be sent to a psychiatric hospital for treatment rather than a prison. The maximum length of stay is predetermined
  48. selective incapacitation
    a social policy that seeks to protect society by incarcerating those individuals deemed to be the most dangerous