English Essay

CJ302 Test 1 Study Guide

Lanier and Henry Chapters 1-3

Structural Forces: institutions, cultural forces, religion

Due Process: everybody is subject to the law

Beccara: “Crimes and Punishment”-challenged idea that humans are predestined to fill certain social statuses

Symbolism: laws made as a response to a horrendous event (Chelsea’s Law)

Utilitarianism (Beccaria and Bentham) VS Conte
Utilitarianism | Conte |
Individual Rights have priority over state’s interests | Criminals deserve punishment |
Innocent until proven guilty | doesn’t care about why people commit crime |
Severity of punishment should just outweigh the benefit derived from the crime | needs of society don’t matter |

BART Officer: shot a man at the station who had appeared to be complying with the law
-Guilty of involuntary manslaughter; served 7 months in prison

Criminology: driven by the desire to control crime
-Does this undermine the value-neutral stance generally considered essential for science? Science is supposed to simply ascertain facts, not propose policy
Victimology
-Emphasizes role of victim in criminal proceedings
-Formal law is supposed to prevent the chaos of revenge
-In formalism, chaotic revenge is minimized
-Prosecutors have emphasized victims in their decision making and have victim’s advocacy departments

What is crime?
-Acts that are prohibited, prosecuted and punished by criminal law and enforced by a staff with legitimate power to enforce
-Defined by legislation (penal codes)
Case Law
-Brady Vs Maryland requires prosecutors to turn over evidence
-Roe Vs Wade forbids laws outlawing abortion

-Criminal law requires that a criminal act have 2 aspects:
-Actus Reus (a bad act)
-Mens Rea (guilty mind or intent)
    -Exceptions for ‘strict liability’ behaviors
-Ignorance of law is no excuse
-Statutory rape
-Selling alcohol to minors
-Legal definitions of crimes are historically contingent
-Slavery was legal...