Test 1 (Chapters 1, 4, & 7)

The rules of evidence, the law of search & seizure, questions of appeal, jury selection, & the right to counsel fall under what category of criminal law?
Procedural Law
Murder, rape, and other crimes deemed inherently evil are also referred to as ________ crimes.
Mala in se
The consensus view states that criminal laws are acts created to protect the haves from the have nots. (True or False)
False
The subarea of criminal statistics involves measuring the amount and trends of criminal activity. (True or False)
True
________ is an academic discipline that makes use of scientific methods to study the nature, extent, cause and control of criminal behavior.
Criminology
Shifting definitions of deviant behavior are closely associated with our concepts of time. (True or False)
True
The consensus view of crime links illegal behavior to the concept of…
Social harm
In ________, the Supreme Court declared that laws banning sodomy were unconstitutional because they violated the due process rights of citizens because of their sexual orientation.
Lawrence v. Texas
A battered wife who kills her mate might argue that she acted out of duress- committing her crime to save her own life. She would be using the defense of…
justification
Research conducted on the links between different crimes and criminals is known as ___ ______.
crime typology
Public welfare offenses, such as traffic offenses, are crimes that do not require mens rea to prove legal guilt because they endanger public welfare or violate safety regulations. They are also referred to as:
Strict liability crimes
Studying the correction and control of known criminal offenders is:
penology
Statutory crimes are referred to as:
mala prohibitum
All law in the US must conform to the rules and dictates of the US Constitution. (True or False)
True
The perspective that views crime as the reflection of the preferences and opinions of people who hold social power in a particular legal jurisdiction is:
the interactionist view
Criminal law constantly evolves to reflect social and economic conditions. (True or False)
True
Common law originated in early England where royal judges would use local rules and custom to decide cases. (True or False)
True
The sub-area of the sociology of law is concerned with the role social forces play in shaping law. (True or False)
True
Deviant behavior is behavior that departs from social norms. (True or False)
True
Those laws that set out the basic rules of practice in the criminal justice system are procedural criminal laws. (True or False)
True
Criminal justice explains the etiology, extent, and nature of crime in society. (True or False)
False
This type of law is used to resolve, control, and shape such personal interactions as contracts, wills and trusts, property ownership, and involves tort law.
Civil law
Criminologists use _______ methods to study the nature, extent, cause and control of criminal behavior.
Scientific
_______ law governs the regulation of city, country, state, and federal governmental agencies.
administrative law
Criminologists who devise valid and reliable measures designed to calculate the amount and trends of criminal activity fall under which sub-area of the criminological enterprise?
criminal statistic and crime measurements
The branch of the law that defines crimes and their punishment is known as ________ .
substantive law
College students who are drunk when they assault other people may claim they were suffering from a mental impairment that prevented them from understanding the harmfulness of their acts. They are using what type of defense?
excuses
Several sub-areas of criminology exist within the broader areas of criminology. These subareas are termed:
The criminological enterprise
Theories are based on social facts that are observed and can be consistently quantified. (True or False)
True
Duress, self-defense, and entrapment are defenses in which the individual usually admits committing the criminal act but maintains that he or she should not be held criminally liable. These are what type of defense?
Justifications
The interactionist perspective holds that the definition of crime evolves according to the moral standards of those in power. (True or False)
True
Under this view, groups able to assert their political power use the law and criminal justice system to advance their economic and social positions. Criminal laws are viewed as acts created to protect the haves from the have-nots.
conflict
According to early victimologists, victim behavior is very rarely a key determinant of crime. (True or False)
False
The Code of Hammurabi established a system of crime and punishment based on physical retaliation. But, the severity of this physical retaliation depended upon ones:
class standing
Changing technology requires modifications of the criminal laws. A new defined crime that involves ending out bulk e-mails messages designed to trick consumers into revealing personal information is called:
phishing
______ serve as models or frameworks for understanding human behavior and the forces that shape its content and direction.
Theories
Mala in se crimes are those crimes that reflect existing social conditions and are enacts through legislation. (True or False)
False
Crimes less serious in nature and punished with a fine or a period of incarceration in a jail are referred to as:
misdemanors
The intent to commit the criminal act is known as:
mens rea
Government and institutional funding have little influence on the direction and nature of criminological research. (True or False)
False
The sub-area of criminology concerned with the role social forces play in shaping criminal law and the role criminal law plays in shaping society is known as:
The sociology of law
Common law was developed after the Norman conquest of England in 1066 through the verdicts of ____ who used local customs and rules of conduct as guides for decision making.
royal judges
Conspiracy, solicitation, and attempted crimes are also known as:
inchoate offenses
The theory of specific deterrence suggest that the harsher the punishment, the less likely the chances of recidivism. Is this so? The majority of offenders are __ _______ and ______.
The majority of offenders are not deterred and reoffend.
Situational inducements, such as the thrill or relieving stress, which directly precede the commission of a crime, and draw offenders into law violations are called ________.
seductions of crime
To deter people from committing more serious offenses, Beccaria believed punishment should be lenient. (True or False)
False
According to deterrence theory, if the probability of arrest, conviction, and sanctioning could be increased, crime rates should _____.
decline
According to rational choice theory, why might a criminal decide not to commit crime? The criminal perceives the crime as too _____.
The criminal perceives the crime as too risky.
According to ______, crime rates are influenced and controlled by the threat of punishment.
general deterrence
If a crime is offense-specific, offenders have weighed their abilities, resources, needs, and levels of fear. (True or False)
False
The three components of deterrence theory are severity, certainty, and speed of legal sanctions (punishment). Of these components, deterrence theories tend to believe that the _____ of punishment seems to have the strongest impact.
certainty
Three components of deterrence theory:
Severity, certainty, and speed of legal sanctions (punishment)
Clearly indicating a rational thought process, people will forego crime if they risk losing the respect of their peers and/or damaging their reputations. (True or False)
True
Personal factors such as economic opportunity, learning and experience, and knowledge of criminal techniques condition people to choose crime. (True or False)
True
According to the rational choice approach, law-violating behavior occurs when an offender decides to commit the crime after considering what two types of factors?
Personal and situational
Situational crime prevention is not without its problems. When crime reduction programs re-direct offenders to alternative targets, it is termed:
crime displacement
The view that criminals evaluate their skills and needs prior to engaging in a crime is:
Offender specific
Crime reduction programs may produce a short-term positive effect, but benefits then dissipate as criminals adjust to new conditions. This phenomenon is known as:
extinction
____ ______ occur when significant others, such as parents, peers, neighbors, and teachers direct their disapproval toward the offender.
Informal sanctions
Some law violators describe the adrenaline rush that comes form successfully executing illegal activities in dangerous situations. This integration of danger, risk, and skill is for some a seduction of crime and is referred to as:
edgework
Offenders may react selectively to the characteristics of particular offenses. For instance, the decision to commit a burglary may involve evaluating the target’s likely cash yield and the presence of dogs and escape routs. This crime would then be considered:
offense specific
Thew view that proposes placing offenders behind bars during their prime crime years in order to lessen their opportunity to commit crime is known as the __________ _____.
incapacitation effect
Situational crime prevention tactics such as Lojack tracking systems are an example of what?
reducing awards
If petty offenses were subject to the same punishment as more serious crimes, offenders would choose the worst crime. This is known as ________ _______.
Marginal deterrence
The philosophy of justice that asserts that those who violate the rights of others deserve to be punished is known as ____ ____.
Just desert
Rational choice theory is rooted in the classical school of criminology developed by:
Cesare Beccaria
Guardians who monitor targets, handlers who monitor potential offenders, and managers who monitor places are ____ _______ who have varying levels of responsibility and research indicates they impact crime rates.
Crime discouragers
When effort to prevent one crime unintentionally prevent another and when crime control efforts in one locale reduce crime in other non-target areas, this is called _______ __ _____.
Diffusion of benefits
Most burglars prefer to commit crimes in neighborhoods that contain a greater than usual number of access streets. These neighborhoods are referred to as:
permeable neighborhoods
Policies that convince potential criminals to desist from criminal activities, delay their actions, or avoid a particular target are known as ______ _____ _______.
situational crime prevention
Rational choice theory has roots in the Chicago School developed by Cesare Beccaria. (True or False)
False
Most burglars prefer to commit crime in neighborhoods with a limited number of access streets to ensure a decrease in traffic. (True or False)
False
The view that crime is a matter of rational choice is held by a number of criminologists who believe that the decision to violate any law is made for a variety of personal reasons including greed, revenge, need, anger, lust, jealously, thrill-seeking, or vanity. (True or False)
True
The seduction of crime increase the likelihood of engaging in crime due to neither fearing legal punishment nor losing respect of peers. (True or False)
True
The effect of shaming may vary according to what? The cohesiveness of the ____ ______.
Community structure
The utilitarian calculus, which is a cost-benefit analysis, is associated with Jeremy Bentham. (True or False)
True
This occurs when crime control efforts targeting a particular locale help reduce crime in surrounding areas and populations.
discouragement
The writings of Beccaria influenced the US Constitution and France’s Declaration of the Rights of Man. (True or False)
True
Well-lit housing projects that maximize surveillance reflect Oscar Newman’s concept of _____ ______ that suggest crime can be prevented via the use of residential architectural designs that reduce criminal opportunity.
Defensible space
Beccaria believed that criminals choose to commit crime and that criminal choices could be controlled by ____ __ _______.
fear of punishment
Differential association theory is able to explain why one youth who is exposed to delinquent definitions eventually succumbs to them, while another living under the same conditions is able to avoid criminal entanglements. (True or False)
False
Labeling theorists use a/an _____ definition of crime.
Interactionist
Communication via symbols which represent something else is known as ______ _______.
Symbolic interaction
Social control theory maintains that everyone has the potential to become a criminal but that most people are controlled by their bonds to society. (True or False)
True
Thew view that becoming a criminal is a learning process in which potential delinquents master skills that enable them to counterbalance conventional values and drift back and forth between illegitimate and conventional behavior is known as:
neutralization theory
People become criminals when significant members of society label them as such and they accept those labels as a personal identity. This is part of the ______ _____ ______.
social reaction theory
Novice criminals often argue that they are caught in the dilemma of being loyal to their own peer group while at the same time attempting to abide by the rules of the larger society. This is known as _____ __ _____ _____.
Appeal to higher loyalties
When behavior is punished, this is referred to as _______ __________.
Negative reinforcement
According to social reaction theory, labels are believed to produce _____.
stigma
A major premise of social reaction theory is that the law is differentially constructed and applied, depending on the offenders This is known as _______ ________.
Differential enforcement
The view that criminality is a function of people’s interactions with various organizations, institutions, and processes in society is referred to as _____ _____ ______.
Social process theory
Criminal techniques are learned including the motives, drives, rationalizations, and attitudes associated with crime. (True or False)
True
When a crime is directed at certain persons because they are disliked or engage in behavior some people may find offensive, the offenders sometimes neutralizes their wrongdoing by maintaining that it was deserved. This is known as ____ __ _____
denial of victim
One consequence of labeling is the concept of _____ _____, which brings about a reassessment of one’s self-image that reflects actual or perceived judgements made by others, such as parents.
reflected appraisals
According to Matza, ____ refers to the process of moving from one extreme of behavior to another. Further, this helps to explain why a youth’s behavior may be law abiding sometimes and deviant at other times.
drift
Children living with a stepparent exhibit less problems as youth in single-parent families and considerably more problems than those who are living with both biological parents. (True or False)
False
By denying the wrongfulness of an act, criminals are able to neutralize illegal behaviors. This is known as denial of _____.
injury
When an offender views the world as a corrupt place with a dog-eat-dog code, it is known as denial of injury. (True or False)
False
The theory that links the onset of criminality to the weakening of the ties that bind people to society is ____ ____ ______
social bond theory
The interactions people have with various organizations, institutions, and processes of society is known as:
socialization.
The importance and prestige attributed to individuals or groups from whom the definitions are learned is the ______ element of an association.
intensity
Diversion programs are a policy implication of what social process theory?
labeling
Skyes and Matza found that criminals are immune to the demands of conformity and that criminals rarely respect, if ever, honest law-abiding persons. (True or False)
False
Poor school achievement and limited education aspirations have been associated with delinquent behavior. (True or False)
True
Whose name do we associate with the prominent social learning theory of differential association?
Sutherland
In his _______ _____, pioneering control theorist Walter Reckless argued that a strong self-image insulates a youth from the pressures and pulls of crimogenic influences in the environment.
containment thoery
The principle that criminal techniques are learned is part of _______ _______ _____.
differential associate theory
Diffential association theory suggest that crime is a/an _______ behavior.
learned
Social process theories view criminality as a function of people’s interactions with various organizations, institutions, and processes in society. Thus improper socialization is a key component of crime. (True or False)
True
The view, according to Akers, that both deviant and conventional behaviors are learned is called _____ _____ ____
differential reinforcement theory
This occurs when norm violations or crimes have very little influence on the actor and can be quickly forgotten. (_____ ______)
primary deviance
When young offenders sometimes claim their unlawful acts are simply not their fault, it is known as denial of responsibility. (True or False)
True
When young offenders claim their unlawful acts were beyond their control it is known as ____ __ ______.
Denial of responsibility
The critique that the origins of criminal definitions is not accounted for is applicable to what theory group?
learning theories
Youth who grow up in households characterized by conflict and tension and where there is a lack of familial love and support are susceptible to:
delinquency
Social learning theories assume people are born either “bad” or “good” and that their degree of criminality can be unlearned with proper socialization. (True or False)
False
______ ______ occurs when parents have excellent parenting skills, are supportive and can effectively control their children in a non coercive fashion, resulting in a reduction in antisocial behavior.
Parental efficacy
The morally tinged influences, which have become entrenched in the culture but that are publicly condemned are known as ______ ______.
subterranean behaviors
Criminology
the study of criminal behavior as it deals with the processes of making laws, of breaking laws, and of reaction to the breaking of laws
Five aspects of criminology
body of knowledge
development of criminal law
the cause of law violations
methods used to control criminal behavior
a multidisciplinary science
Criminology explains the _____, ______, and _____ of crime in society.
origin, extent, and nature
criminal justice is the study of ______ __ ____ _____.
agencies of social control
Agencies of social control (3)
police
courts
corrections
deviant behavior
departs from social norms
Criminologists do three things: try and create ____ and ____ measurements of criminal behavior, help agents of the criminal justice system develop effective _____ _____ ______ that rely on accurate measurement of crime rates, and make international comparisons by using ____ ______.
valid and reliable
crime control policies
criminal statistics
The basics of theory construction and testing is to:
explain, hypothesize, and test
Six major subareas of the criminological enterprise:
Criminal statistics
sociology of law
theory construction and development
criminal behavior system and typologies
penology
victimology
Criminal statistics
describes and measures crime
sociology of law
analyzes how society shapes the law and how law shapes society
theory construction and development
the focus is on crime causation
Penology
focus is on corrections, rehabilitation, and treatment
victimology
focus is on the nature and cause of victimization, aiding victims, and theories of victimization risk
Crime typologies
violent crime
theft crime
public order crime
organized crime
Criminologists conduct research that is designed to evaluate justice initiatives in order to determine their:
efficiency, effectiveness, and impact
Criminologists view crimes from one of three different perspectives:
consensus view of crime
conflict view of crime
interactionist view of crime
Consensus view of crime
substantive criminal law reflects the values, beliefs, and opinions of society’s mainstream, so there is a majority/general agreement among citizens on what behaviors should be illegal
social harm
sets strange, unusual, or deviant behavior apart form criminal behaviors
Conflict view of crime
society is a collection of diverse groups who are in constant and continuous conflict. the groups that achieve power use the law and the criminal justice system to protect the haves from the have nots
Interactionist view of crime
people act according to their own interpretation of reality. good and evil is interpreted by the evaluator
integrated definition of crime
crime is a violation of societal rules of behavior as interpreted and expressed by a criminal legal code created by people holding social and political power. individuals who violate these rules are subject to sanctions by state authority, social stigma, and loss of status
Mosaic Code
foundation for the Judeo-Christian moral teaching and the US legal system
stare decisis
let the decision stand
Four areas of law
substantive criminal law
procedural criminal law
civil law
public or administrative law
mala in se
action is bad in itself
mala prohibitum
bad because it is against the law
Three required components in every crime:
actus reus
mens rea
concurrence of the two
actus reus
guilty act
mens rea
guilty mind
6 social goals the state expects to achieve with criminal law enforcement
enforcing social control
discouraging revenge
expressing public opinion and morality
deterring criminal behavior
punishing wrongdoing
maintaining social order
edgework
the exhilarating, momentary integration of danger, risk, and skill that motivates people to try dangerous criminal and non criminal behaviors.
defensible space
crime can be prevented or displaced through the use of residential architecture
diffusion
when efforts to prevent one crime unintentionally prevent another and crime control efforts in one locale reduce crime in other non target areas
discouragement
when crime control efforts targeting one locale help reduce crime in surrounding areas and groups
displacement
doing something in one area which may redirect crime to another area
extinction
crime reduction programs may produce a short-term positive effect, but benefits dissipate as criminals adjust to new conditions
encouragment
crime reduction programs may boomerang and increase rather than decrease the potentiality for crime
general deterrence
crime rates are influenced and controlled by the threat of punishment
specific deterrence
criminal sanctions should be swift, sure, and powerful so that known criminals will never repeat their criminal acts
the ____ _____ perpetuates stigmatization in schools
track system
differential association theory
criminal behavior and techniques are a learned by product of interaction within intimate groups, and may vary in frequency, duration, priority, and intensity.
Three social process approaches:
social learning theory
social control theory
social reaction theory
social learning theory
crime is a learned behavior
social control theory
everyone has the potential to become a criminal, but most are controlled by the bond to society
social reaction theory
people become criminal when significant members of society label them as such and they accept those labels as a personal identity
incapacitation effect
placing offenders behind bars during their prime crime years should lessen their lifetime opportunity to commit crime
Choice thory
those who violate other’s rights deserve to be punished
just deserts
retribution justifies punishment because people deserve what they get for past deeds