Cj 100 Test 1
Differences in consensus and conflict perspectives on the law; examples of laws indicative of the latter perspective
Consensus- that as people gather together to form a society, they naturally come to a basic agreement with
regard to shared norms and values.
Conflict model- these different segments-seperated by social class, income, age and race-struggle with each
other for control of society. Ex: 5 grams of crack cocaine same as possession of 500 grams of powdered cocaine.
Comparing the concepts of deviant behavior and criminal behavior
Deviance- Behavior that is considered to go against the norms established by society.(subjective, smoking
Criminal- Punshiable under criminal law and an offense against society as a whole.
Concept of federalism, include shared powers
Federalism- that government powers are shared by the national(federal) government and the states.The
national government express powers, such as the power to coin money, raise an army, and regulate interstate
States-police power and states have the power to enact whatever laws are necessary to protect the health,
morals, safety, and welfare of their citizens.
Meaning of “dual court system” in American jurisprudence
Dual court- we have two independent judicial systems, one at the federal level and one at the state level.
Packer: Due process (“obstacle course”) and crime control (“assembly line”) models of criminal case processing;
which model prevails today?
Crime control-law enforcement must be counted on to control criminal activity. Quick and efficient and
police are in a better position to judge.(prevails)
Due process-make it more difficult to prove guilt. 99 guilty suspects go free than that a single innocent
person be condemned.
Friedman and Perceival’s “criminal justice wedding cake” model of criminal case processing
The top layer-celebrity cases
Second layer- high profile felonies(murder, rape, or burglary) committed by persons with criminal records,
seriously injured victim, or weapons. Involves strangers.
Third layers- ordinary felonies: burglaries and thefts or robberies with no weapons. Plea bargains /
Fourth layer-misdemeanors/crimes less serious than felonies. ¾ of arrests.
Per the text, arguments for and against gun control
Against: comforting feeling, does not decrease crime, protection from criminal attacks, and would create a
huge new criminal class.
For-public health problem, guns kill, more likely to harm occupants than protect them, the second
amendment protects the rights of states to have militias.
Definitions of the ecological and hasty generalization fallacies