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Mainstream criminology assumes a _____ model of law |
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3 assumptions under the consensus model of law |
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1. law reflects a consensus of the common values of society 2. law arises from the need to protect social order (defend the status quo) 3. law serves to ensure the public good (rather than private interests) |
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_____ theorists, originally founded in Karl Marx's analysis of state & law, insist that the law is historically specific - laws are created for different reasons, in different ways, and at different points in time |
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How do conflict theories view the law? |
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as a tool used by the dominant group to retain social, economical, & political power |
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Do critical criminologists deny that an objective reality of crime exists? |
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Crimes are created through a process of _____ construction |
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What is caused by the societal response to certain behaviors? |
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an action may be seen as a crime in one context but not in another |
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What is meant by "the law makes the crime" |
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an action may be legal in one context but criminal in another |
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In 1970, was cannabis illegal in all US states & for all purposes? |
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In 1996, what was the new development in cannabis laws? |
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medical cannabis became legal in California (it was still illegal completely in other states) |
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In 2012, what was the new development in cannabis laws? |
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recreational marijuana became legal in Washington & Colorado for adults (still illegal for those under 21 & in other states) |
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The _____ reality of crime is further affected by the discretion employed in the criminal justice system |
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One example of differential treatment by police |
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who to arrest & who to let go with a warning |
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3 examples of discretion in the prosecution/court system |
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1. decision to accept or reject a case & which charges to file 2. decision to release a defendant prior to trial & plea bargaining 3. decisions of guilt |
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2 examples of sentencing disparity |
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1. decisions to incarcerate (vs. alternative decisions like probation) 2. length of sentence |
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What is meant by a "carnival mirror of crime"? |
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the rich get richer & the poor get prison |
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What is the "typical criminal"? |
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young, urban, poor, minority |
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Citizens are more likely to comply, cooperate, & obey the law when they see the system as ______ |
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In Victorian England, _____ laws were used to reduce the costs of caring for the poor, encourage work, & discourage begging |
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no person descended from an African slave had ever been a citizen of the US for Article III purposes (happened in 1857) |
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Plessy v. Ferguson (1896) |
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a landmark case which held that racial segregation does not in itself constitute unlawful discrimination |
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_____ laws enforcing racial segregation continued in the South until the Civil Rights Act of 1964 |
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a concept under which the husband exercised exclusive power & responsibility & the woman was unable to sue or to be sued on her own behalf, execute a will, or have any control over real or personal property |
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states that women are, in criminal matters, treated more leniently in the criminal justice system, even when they have committed the same offenses as men |
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Does the chivalry thesis hold up on average? |
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yes! (especially for more "feminine" crimes) |
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an argument that states that women are treated more harshly because they broke the law & deviated from gender norms which state how women should behave |
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______ is a term first used in feminist sociology, which describes how different types of identity & discrimination interact |
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