Chapter 8 Review

Criminal Justice 3700 with Lewis-krick at University of North Texas

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By: Matthew Lucas
Created: 2011-11-14
Size: 19 flashcards
Views: 13

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What is a Law?

The formal written rules of a society that serve as the written embodiment of societies ethics and morals

What is Natural Law?

The believe that some law is inherent in the natural world and can be discovered by reason

What is Positivist Law?

Refers to those laws written and enforced by society

What are two different areas of law that can be distinguished today?

Civil

Reparative

Criminal

Punitive

What are good Samaritan laws?

Legislation that prohibits passing by an accident

what is the major justification of criminal law?

the prevention of harm

what is social contract theory?
who are the proponets of social contract theory?
who is the contract between?

social contract theory is that law is a contract, each individual gives up some liberties and in return is protected from others who have there liberties restricted as well
Hobbes, Locke and Rousseau
With society, which promises protection and the individual who promises to abide by the laws

who proposed the "harm principle" and what does it say?

John Stewart Mill
it states that every individual should have the upmost freedom over their actions unless they harm others

What is legal paternalism?

preventing harm to self , laws in which the state tries to protect people from their own behavior. Ex: seatbelt and helmet laws

What is legal Moralism?

a justification of law that allows for protection and enforcement of societal morals

What is paradigm?

An understanding of laws function in society is informed by more fundamental views of the world around us

What are three paradigms that affect our views of law

Consensus Paradigm
Conflict Paradigm
Pluralist Paradigm

What is the consensus paradigm?

the idea that most people have similar beliefs, values, and goals that societal laws reflect majority view
law is representative

its a compilation of the dos and donts that we all agree on
law reinforces social cohesion, in emphasizes our wellness by illustrating deviance
Law is value neutral, it resolves conflict in an objective and neutral manner

What is the conflict paradigm?

sees law as a tool of power holders that they use for there own purpose
the purpose is to maintain and control the status queue
law is repressive, it opposes the poor and the powerless
law is a tool to the powerful
those who write the laws do so in a way to promote there economic and political interest
law is not value neutral, it is bias and bent toward the interest of the powerful

What are the three parts to the conflict paradigm?

Definition

What is Pluralist Paradigm?

law is seen as arising from interest groups but power is more complicated
power is exercised in the political order, the economic order, the religious order the kinship order, the education order and the public order

What is Bureaucratic Justice?

the approach in which each case is treated as one of many, the actor merely follows the rules and walks through the steps
the goal is efficiency

one perception of the criminal justice system is the "wedding cake" illustration, What is it?

A scheme in which the largest portion of criminal cases from the bottom layers of the cake and the few serious layers create the top of the cake

What are the Four cannons within the Model Code of Criminal Justice?

a Judge shall uphold and promote the independence, integrity, and impartiality of the judiciary and shall avoid Impropriety and the appearance of impropriety
a judge shall perform the duties of judicial office, impartially, competently, and diligently
A judge shall conduct the judges personal and extra judicial activities to minimize to minimize the risk of conflict with the obligations of judicial office
a Judge or candidate for judicial office shall not engage in political or campaign that is inc

About this deck

By: Matthew Lucas
Created: 2011-11-14
Size: 19 flashcards
Views: 13

About StudyBlue

“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy