CRJ 405 study guide for first exam

 

Introduction:

 

1.         Social justice - a form of justice that "is appropriate for a society based on cooperative social relations" rather than relations based upon human exploitation and greed

2.         Three models of law: consensus, conflict, critical/Marxist

3.         Instrumentalist and Structuralist Perspective of law

4.         Quinney's "social reality of crime" theory - Law is a result of the operation of interests. 

5.         Sociological imagination - "grasp history and biography and the relations between the two within society." Using the sociological imagination causes us to distinguish between what Mills called "personal troubles of milieu" and "public issues of social structure."

6.         Gini index of inequality - (a scale where 0 means everyone earns the same amount and 1 means one person earns all) – it has been going up in recent years

       

 

Chapter 1

 

1.         Changes following the American Revolution (emphasis upon property and public order crimes)

2.         State law and tribal law

3.         Acephalous societies – "without a head," that is, with no identifiable ruler.  Such a society had no centralized state or government, nor any written law.

4.         William the Conqueror – King of England between 1066 and 1087.

5.         Vagrancy laws

6.         Law of the Twelve Tables - the codification of Roman "customary law," was essentially a "private criminal law" in the sense that it was based upon the notion that a victim could seek private vengeance against an offender.

7.         Carrier case – a totally new view of the concept of theft

8.         The Tramp Acts - outlawed travel without visible means of support

9.         Plessy v. Ferguson  – Supreme Court ruling in 1896 that segregation of the races is "natural" and "If one race be inferior to the other socially, the Constitution cannot put them upon the same plane."

 

Chapter 2

 

1.         London Metropolitan Police – first organized police force, set up during times of unrest

2.         Buffalo police – study showed no relationship between the rise of the police and crime and population increases (local police always says they need more cops to match pop. Growth), but rather to respond to labor movement

3.         kin-police – early Greece society where all citizens were policemen.  In other words, it was a self-sufficient and self-policing community. 

4.         Palmer Raids – associated with Sacco and Vanzetti case

5.         Drug war & police

6.         Public order offenses – mostly disturbances and various offenses committed in public view (drunkenness, etc.)

7.         Public vs. private police – important distinction as to their role

8.         COINTELPRO – FBI counterintelligence program begun in 1950s

9.         Blauner and “internal colonization” – role of police in ghetto

10.        Police corruption – consistent problem, associated with “vices”

11.        Progressive Era – period between 1890 and 1920 where all sorts of “reforms” took place

12.        Tythingman - Each village in England was divided into units of ten families, called tythings.  In each tything a person known as a tythingman was responsible for keeping order in his section of the village (his section being similar to what are called "beats" in modern policing).

 

Sample Questions

 

1.         The “interest group/conflict” model of the law argues that the criminal law:

 

a.                   Incorporates the interests of some groups and not others.

b.                   Defines behaviors that all would argue are harmful.

c.                   Establishes a system of punishment that most people, except for a few special interest groups can live with.

d.                   Is the result of internal conflict that translates into statutes that all come to agree with.

 

2.         In ancient societies:

 

a.                   A harm was considered an act committed against an individual or family.

b.                   A harm was considered an act committed against the state.

c.                   The initiation of a criminal case depended upon the initiative of the person wronged or, if he had been killed, by his family or kin folk.

d.                   a and c only

 

3.         The Harrison Act of 1914 is significant because it:

 

a.         Made it illegal to trade in opium or its derivatives.

b.         Legalized the possession of marijuana.

c.         Made the possession of marijuana illegal.

d.         Restricted the importation of marijuana.

 

4.         Following the American Revolution, the focus of the criminal law shifted to mostly the enforcement of morality.

 

5.         During colonial times, the death penalty was frequently imposed but actually rarely carried out.