Elements of Crime and Criminal Defenses
What does corpus delicti mean in Latin?
"The body of the offense"
True or False: Incarcerated offenders tend to score lower on average on intelligence tests compared to law-abiding individuals.
True
Name 2 types of techniques of neutralization developed by Sykes and Matza in their Neutralization Theory.
Could be any 2 of: denial of responsibility, denial of injury, denial of victim, condemnation of the condemners, or appeal to higher loyalties.
What 3 pickets/boards (columns/rows) are needed for describing the Picket Fence analogy of the criminal justice systems(s)?
Pickets (columns): Police, Courts, Corrections
Boards (rows): Federal Government, State, Local
Describe at least one of the incohate offenses we discussed.
Any one of the following: solicitation - urging, requesting, or commanding of another to commit a crime; conspiracy - two or more people planning a crime (no action other than communication is needed); attempt - the closest act to completion of the crime without actually completing it
Psychological Social Learning Theory suggests what act is responsible for the development of our behaviors?
Learning, through rewards and punishments of ours and others behaviors
Name and define 2 of the types of bonds described in Hirschi's Social Bond Theory.
Any 2 of: attachment: development of an emotional connection/affection for people and institutions in society; commitment: the act of pledging and promising to people and institutions in society; involvement: the time spent engaged in conventional activities with others; or belief: holding society's values and beliefs as true for oneself.
What 2 things are law enforcement trying to demonstrate (in place of the guilt of the suspect) when booking?
Describe the difference between a perfect and an imperfect defense
A perfect defense completely absolves the offender of the criminal responsibility (and therefore punishment) of the crime whereas an imperfect defense simply lessens the criminal responsibility of the offender and they are still likely to face SOME amount of punishment for their actions.
What are the 3 parts of the personality according to Freud, and what is each part responsible for?
Id: unconscious drives that want instant gratification
Ego: the reality principle with rational thought
Superego: the moral conscience
Which theorist is most closely tied to the term anomie?
Emile Durkheim
During which stage is a plea typically entered?
At arraignment.
List the 4 levels of mens rea in order from least to most intention by the offender.
negligently, recklessly, knowingly, purposefully
Beccaria and Bentham are both classical theorists, meaning they embraced the idea that people had free will and therefore offenders CHOOSE to commit crime.
Which theory describes life-course persistent offenders and adolescent limited offenders?
Dual Taxonomic Theory
At arrest when your freedom is restricted
What 3 requirements must be satisfied to justify the use of a self-defense claim?
1) the action against the perceived threat must be necessary, 2) the action must be proportionate to the threat, and 3) the threat against which you're defending yourself must be imminent
Daily Double! What term is associated with Cesare Lombroso's theory claiming that criminals were primitive, subhuman, biological throwbacks, and could be characterized by physical traits like small glassy eyes, lots of hair, and skull shape?
Atavisim
What goals/means dysjunction is occurring when a person has embraced the cultural goals but lacks the institutionalized means to accomplish them?
Innovation
What is the difference between a preliminary hearing and a grand jury?
A preliminary hearing is when the prosecutor presents information to the judge alone and results in a document called an information, whereas a grand jury is a panel of citizens selected from the community who hear the prosecutions case-in-chief which results in an indictment. Both are determining if there's enough evidence to move forward to the trial.