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Rights of individual relations to the state supreme

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rights of individual relations to the state - Supreme Law of the land a. Common Law and Administrative Law - form the foundation for American criminal law 170. Criminal Defenses… know these a. Entrapment b. Insanity c. Mistake of fact d. Mistake of law e. Duress f. Consent of victim g. justification 171. Justifiable Homicide – includes killing in self defense or in defense of another person, not considered murder because it lacks malice and forethought 172. Classical School of Criminology – views behavior as stemming from free will, demands responsibility and accountability of all offenders, and stresses the need for punishment severe enough to deter others a. US Criminal Justice System is based largely on classical and neoclassical schools of thought 173. Conflict Theory – human behavior is shaped by inter-conflict 174. Consensus View – belief that the majority of society’s citizens share common ideals and work towards a common good and crimes are acts because they conflict with the rules of society 175. Anomie – the breakdown and disappearance of rules of social behavior according to Emile Durkheim… know this a. Robert Merton – society’s rules and values have little impact on the individual 176. Biological Determinism – the notion that criminals are born (heredity) not influenced by environment 177. Secondary Deviation – adoption of deviant behavior after social processes label one a criminal 178. Labeling Theory – development of crime through primary deviation 179. Positivist Theory – Auguste Comte – behavior as stemming from social biological and psychological behaviors a. Punishment should be tailed to the individual, each person is different
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180. Psychoanalytic View – most applicable to those that display psychopathic and antisocial behavior a. Criminals are driven by unconscious thought 181. Cultural and Social Learning Theory – criminal behavior is learned the same as non-criminal behavior a. Criminal behavior develops through conformity in social groups that are criminal 182. Felony - Felony – serious criminal offense, punishable by death, incarceration b. Convicted Felons lose: b.i. the right to vote, b.ii. Ability to hold office b.iii. Hold certain licenses b.iv. Typically must serve at least one year in State of Federal Prison 182. Misdemeanor – less serious crime, punishable by fines and incarceration no more than a year a. Typically serve time in local facility 183. Treason – one of the most serious crimes because it can threaten an entire society a. Original common law distinction – treason was considered a 3 rd category of crime, along with misdemeanors and felonies 184. Crimes against a Person – 4 Index Crimes - called “Headline Crimes” – due to ability to create public fear… know these a.i. Murder and non-negligent manslaughter a.ii. Forcible rape a.iii. Robbery a.iv. Aggravated assaults 185. 1 st Degree Murder – necessary component is premeditation or design or conscious decision to do something 186. Property Crimes – highest volume a. Burglary or motor vehicle theft
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rights of individual relations to the state Supreme Law of...

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