CJ 4340 Test 1 Study Guide

CJ 4340 Test 1 Study Guide - CJ 4340 Test 1 Study Guide Dr...

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CJ 4340 Test 1 Study Guide Dr. Suspanic Introduction to the Analysis of Crime Concept of Deviance vs. Concept of Crime Deviance o Violation of cultural, social, and political norms o Conferred status or identity o Is relative o Not all acts are deviant o Not all deviant acts are criminal or illegal Crime o Violation of norms, formally enacted into the criminal law and/or the penal code of a jurisdiction o Differing and contrasting answers to the question “What is crime?” Public opinion, natural law, social constructionist, legal Fully Understand and Distinguish Between the Following Differing Views on Crime: Consensus o Law defines crime o General agreement on what acts/behaviors are unlawful o Law equally applies to all citizens o Crime is a constant---lacks variation o Crime serves as a purpose for society 1
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Conflict o Law is a tool used by ruling class to control the underclass of a society o Crime is politically and economically defined o Crime is not a constant but varies from society to society o “Real crimes” (e.g. standard housing) are routinely outlawed Interactionist o Crime is socially created o Moral entrepreneurs (e.g. MADD, Pro-Choice, Moral Majority) help define crime o Crime is heavily dependent on the situation at hand o Crime is dependent on reaction of audience o Crimes are illegal because society have defined those acts as criminal o Crime has no meaning until people (audience) reacts Ceremonial (Negotiation) o Competitive views on crime don’t matter o What is or isn’t crime is predetermined o What matters here is decision-making by legal actors (e.g. police, judges, wardens, prosecutors, etc.) o Crime is a negotiated outcome o Plea bargaining is a central process Competing Models of Justice Crime Control o Dominant ideology: deterrence and incapacitation- based on the proposition that the repression of 2
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criminal conduct is by far the most important function to be performed by the criminal process o Image: resembles an assembly line o Focus: Efficiency of the system is at a premium . Must provide a high rate of apprehension and conviction. A successful conclusion is one that throws off, at an early stage, those cases in which it appears unlikely that a person apprehended is an offender and then secures, as expeditiously as possible, and the conviction of the rest. o Emphasis: Presumption of guilt —allows the system to operate efficiently o Other: Emphasizes importance of early administrative fact-finding. Confidence in informal screening Due Process o Dominant Ideology: Social Order=social justice; threat to justice is state action o Image: resembles an obstacle course (Due Process Provisions) o Focus: Primary of the individual over the system . Reliability rather then efficiency is at the
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CJ 4340 Test 1 Study Guide - CJ 4340 Test 1 Study Guide Dr...

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