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34 Cards in this Set

  • Front
  • Back

Cesar beccaria

On crime and punishment


Punishment should fit the crime


Have the right to know accuser


Have right to attorney


Punishment certain swift and sever- sever enough to deter criminal

British police

Helped form the criminal justice system in us.


Our system developed in the 1950s

3 branches of gov.

Legislative


Judicial


Executive

Name the 6 perspectives on justice

Crime control perspective


Rehabilitative perspective


Due process perspective


Nonintervention perspective


Equal justice perspective


Restorative justice perspective

What is truth in sentencing

Someome convicted of a crime must serve 85% of their time befire being considered for parole

What is the consensus view

The will of the people decide the law based on majority


Agreement exist on right and wrong


Argues that laws apply to all citizens equally

Conflict view

The law is a tool of the ruling class


Law os used to control the lower class

What is expressive violence

Venting anger and rage

What is instrumental violence

Designed to improve the finincial aspect (emblzment)

Gang violence

More than 27000 gangs in the us


At least 80000 known gang members


Gang homicide

Multiple murder

Mass-killing many in one area


Spree-spreads killing over a few days or weeks


Serial-kill over a long period of time, in between killings assume a normal lifestyle

Intimate violence

Getting hurt or killed by someone you are close to


- child abuse

Hate crime

Violent acts directed toward a certain person or group


Also called buas crime

Public order crimes

Mala prohibita crimes


Prostitution


Substance abuse

Economic crime

Property crime


Theft crime


These people are usually opportunistic


White collar crime

Uniform crime report

Collected by the fbi


Part 1 offense

List the part 1 offenses

1.Criminal homicide- willful killing of one human by another


2.Forcible rape


3.Robbery-has to have victim confrontation


4 Aggravated assult-purpose of injuring someone


5.Larceny theft-shoplifting


6.Breaking and entering-no victim contact


7.Motor vehicle theft


8.Arson

Self report surveys

Asking juveniles if they have been involved in a crime in the the past 12 months


May over or under exaggerate

Ncvs

Conducted by the bureu of justice statistics


Use census interviews to collect info on crimes


Ask about index crimes (not murder)


Ask the same household for 3 years- people move=people move


Not everyone reports crimes


Noone under 12


Telescoping

Nibrs

Will probably replace the ucr


Takes in a lot more detail and info


Not in place everywhere=dont know the weaknesses

What is the crime control perspective

Deter crime thru punishment


The more efficient the system the greater the effectiveness


Punish the guilty, investigate crimes apprehend suspects

Rehabilitation perspective

Better to treat people than punish


Criminals are societys victims


Helping others is the american culture

Due process perspective

Everyone deserves rights


Decisions made within the justice system must be carefully scrutinized


Everyone must be treated fairly no illegal evidence free legal counsel at every stage of the justice system to prevent abuse

Nonintervention perspective

The justice process stigmatizes offenders stigma locks people into a criminal way of life


less is better decriminalized deinstitutionalize whenever possible

Equal justice perspective

Equal treatment for equal crime decisions and justice system must be standardized by rules and regulations


individual discretion must be reduced and controlled


inconsistent treatment undermines respect for the system

Restorative justice perspective

Offender should be reintegrated into society


coercive punishments are self defeating


the justice system must become more humane


crime is a community level problem

Mala en se

Evil in and of itself


-murder, rape, robbery...

Mala prohibita

Immoral behavior


-drugs, gambling, prostitution


-victimless crime

Ucr shortcomings

Only data reported to police


Obtained by cooperative and voluntary police agiencies


Def. Of crimes differ from place to place

What is the dark figure of crime

Unreported crime in that the official data of crime reported to the police is lower than the actual crime rate

What does the ncvs do

Attempts to gather info about crime that is not available from the ucr

What are due process rights

The rights guaranteed to persons by the Constitution and its amendments

Crime control vs due process

Cant have harsh swift justice with constitutionally protected liberties.


Even if the person is guilty and the gov. Doesnt follow the ruels they will be set free

Due process v. Supreme court

Incorporation of due process rights depends in part on the philosophy and values reflected by the US Supreme Court justices in their decisions