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Crim/Law 7
Final Review
60
Criminology
Undergraduate 2
06/07/2010

Additional Criminology Flashcards

 


 

Cards

Term
1st Three articles of the constitution
Definition

Article 1- Legislative Branch

Article 2 - Executive Branch, President, The Cabinent, Federal Agencies

Article 3 - Judicial Branch: courts

Term
All 3 branches can "Make" law, but __________ is the legislative body, which officially creates federal laws.
Definition
Congress
Term
US Congress- House representative chosen based on:
Definition

-on size of pop of state

-number of congressional districts

435 members

Term
US Congress: Senators
Definition

2 senators from each state regardless of pop.

100 senators

Term

Congressional lawmaking

Draft Bills from members of Congress to:

Definition

Both houses:

-House of Reps

-Introduction Senate

Term
2.Committee Action
Definition

the member wants to and is authorized to move forward.

-Date and vote-whether to push the bill to full committee

Full Commitee- votes for a go--Goes to the floor

edit

Term

3. Floor Activity

-If proposal passes committee goes to full house 

House of Reps/Senate

Definition

House of Reps- can control the how long the debate goes for

Senate- has filibuster

Bills are voted on to go Conference Committee

Term

4.Conference Committee

(after floor action)

Definition
Compromise with senate and house of reps to make the bill identical
Term
5. The president
Definition

A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session

 

  1. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.")
  2. If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law
  3. If it sits unsigned by the president for more than 10 days it become a law without the president's sign.

 

Term
Capitalist Economy
Definition
Key notion that we have an equal our representation,so if market ecomony by definition have as a side effects some that are weathlier than others
Term
What do we mean by modern?
Definition

These theories, 

-contract between democratic equality and market inequality

Term

Max Weber

"Modern Soceity" 

requires laws ?

Definition

organized around rationality.

laws must be:

-predictable

-calculable

-written

Term
Weber's Arguement
Definition

-Calvinism and predestination

Challenges "lez far" market will correct itself

-Capitalism requires "good" and hard workers

-"elective affinity" between capitialism, Calvinsism, and rationality

Term
Henry Sumner Maine
Definition

Argues that the traditional Society is organized and planned society

-individuals become more "modern" individual becomes more important--pivotal

-rise of individualism, you require contracts to guide those relationships 

-indiv developed rights and obligations

Term
Emile Durkheim
Definition

Law-repressive

Modern Soceity org, ard division of labor

Driving force

-you will not be penalized severely but

development of divsion of labor

Term

Vagracy Law 

(Chambliss)

Definition

Legal concepts=human construction

-Law first passed in 1349. New Legal concept

-passed in feudal England in 1349 was designed to deal with scarity of workers and eskyrocketing wages

-made it illegal to refuse work

-ceiling wages

Term
Medieval Economy
Definition

-Rural, agricultural

-Two main classes: feudal lords

-By 1349 feudal economy was transforming

Term
How does the Census define race today?
Definition

-counts by race to reflect political interest and understandings of minorityhood

-Critical race theory- "race is not objective, inherent or fixed"

Term

1970s first weighs on

___________?

Definition

drug policy- Nixons

 

Term
Comprehensive Drug Abuse and Control Act 1970
Definition

-Eliminates mandatory minimun sentences for drug offenders

-reduced penalty for first-times possession of marijuana to a misdemeanor.

-

Term
Crack 
Definition

the media goes to town with this, 

this crack babies, black

-its access

Term

1986 Anti-Drug Abuse Act

1988 Anti-Drug Abuse Act

Definition

-Moved through Congress really quick

-Raised level of punishment for possession of crack cocaine

-Dealing with "war" on drugs"

-moral panic

Term
Law-on-the-books: 
Definition
how is the law enacted?
Term
Law-in-action:
Definition
how is the law
Term
Legal Pluralism
Definition

Multiple forms of law: 

-Congressional laws

-Administrative rules

-Norms, practices

Muliple legal system

-federal

-state

-local courts

-administrative

-international tribunals

Term
The Judicial Branch
Definition

-Civil Liberties

+Freedom of speech

+Freedom of religion

-Civil Rights

+Trial by jury

+Voting

-Statutory rights

+enacted by the Congress

-Equality

+14th Amendment to the U.S. constitution

+Due process rights

-6,7,8

Term
Article III of the U.S. Constitution 
Definition
the judiciary are accept cases and the controversy
Term
The Judiciary Act of 1789
Definition
Article III, section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court," and such inferior courts as Congress saw fit to establish.
Term
The Tiers of the Federal Courts
Definition

-Federal District Courts: trial courts

-Circuit Courts: appellate court

-U.S. Supreme Court

 

Term
Judicial Review
Definition

Marbury vs. Madision

that gave the supreme court power of judiciary review

Term
The Jurisdiction of the Federal Courts
Definition

-All crimes against the US

-Civil actions arising under the U.S. Consitution

-Diversity casesL suits between citizens of two states

-Admirality

-review of enforcement orders and actions of regulatory agencies

 

Term
Filing a Case in a Court of law: the passivity of the courts
Definition

Standing

-In the appropriate court for the case in dispute

Case and Controversy

-Individual bringing the  case is directly affected by another individual

Term
Trial and Appeal:US Circuit Court of Appeals
Definition
Sit in panels of three article III judges
Term
Appeal: U.S. Supreme Court
Definition

Writ of Certiorari:currently means an order by a higher court directing a lower court, 

2. Oral Arguement

Term
Kairy's
Definition
sets about debunking notion that stare decisis is implemented impartially
Term
Amalgamated Food Employees Union v. Logan Valley Plaza 1968
Definition
Upheld's union's right to picket in shopping mall, as against property right of mall owners
Term
Lloyd vs. Tanner
Definition

Distinguished the precedent

-Activist have no right to picket on private mall property

-changed content of the speech

-

Term
Hudgens vs NLRB 1976
Definition

Hudgens identical to Amalgamted (pickted mall first precedent)

***Decision 

-Went against free speech right of union

-Reasoning = Lloyd decision couldnt have gone against

Lloyd precedent

Term
Alien and Sedition Acts of 1798
Definition
Prohibited "writing, printing, uttering or publising any false, scandalous and malicious writing or writings agianst the govt of the us or either house o the congress of the US or the president of the US
Term
Davis vs. Massachusetts
Definition
Aboltionist arrested for speaking on a public park
Term
19th Century Theories of Crime
Definition

-positivists studied criminal

-related crime to causes WITHIN the criminal

-Criminal is criminal bc different in some fundamental way

Term
Determinism
Definition

Early 20th century

The Kallikak family

"A study of Feeblemindedness"

hereditary and major cause of crime

Term
Early 20th Century the progressive Era Response
Definition

Challenged claim that crime was heredity

-Focuses on changes of society

=industrialization

=urbanization

=Immigration

=Economic inequality

 

Term
Social-Cultural Determinism: The Chicago School 1920s
Definition

Used city as a laboraty

Social disorganization = unstable

it becomes a terrian of little othinc

"transitios bc peopel moving in and out

crime most likely in particular parts of the city

Term

Shaw and Mckay

(Social Determinism theory)

Definition

There were too many differnet types of areas

-Theorized disorg but found diversity

-Relied on offical stats, focused on those who's been caught

Term
Robery Merton
Definition

Focuses on development of  Theory of Crime

 

Term

Merton:

All societies are organized around-

Definition

"Culturally defined goals"

Social structure that "defines, regulates, and controls acceptable modes of achieving goals

Term

Merton Condition

"effective equilibrium"

Definition

American Society

-extreme emphasis on goal of accumulation of wealth;

-limited opportunity to realize wealth through social structure.

Term

Merton 

"Anomie"

Definition

A response to ineffective equilibrium 

-not being in control of one's destiny as defined by society

Term
Merton Condition Cont.
Definition

Mismatch between goals and structure explains crime in society

-the consequences of that is various kinds of responses to it.

Term
Differential Ass. theory
Definition

Norms: Defines prescriptions and prohibitions

Learn waht to do and how to do it 

-attitude and skills

-Opportunity is two sided

Term

Differential Association

"Subcultures of crime"

Definition

-Criminal values

-Conflict/violence

-Retreatist/Consumption

Term
Measures of Crime rates
Definition

Uniform crime rates- reported by the FBI

Victimization rates as reported by the bureau of justice statistics

Term
how does the media portray crime?-Law and Order
Definition

officers- good people, sometimes flawed with human vulneerabilites-"just like us"

==Suspects: commited a crime, to be sure, but shown with a "human" element.

 

Term
How media depicts crime-- Cops and CSI
Definition

Suspect: highly marginalized, amoral, almost always black, a situation of his own making

Cops: good men commited to a career of servce to the public

place: outwe rims of urbal sprawl

Term
media depiction of a "theory" cause of crime
Definition

L and O - indivudals can be changed but cause is with individuals

Tabloid - determined; hard-wired

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