犯罪学复习要点(第一部分)Chapter1Contents:Main areas of Criminology; Various definition of CriminologyViews on crime holding by these early schools of criminology(Classical Criminology, Nineteenth-Century Positivism, Sociological Criminology, Physiognomists, Phrenologists and Psychopathic personality, Biological Determinism,cartographic school, Chicago School)Key terms:Crime, criminal, penalty, punishment, correction, criminology, Classical Criminology, Positivist criminology, Sociological Criminology, Physiognomists, Phrenologists and Psychopathic personality, Biological Determinism, Utilitarianism, empirical methods, positivistRepresentatives of criminologists:Cesare Beccaria, Cesare Lombroso , L.A.J(Adolphe) Quetelet, Emile Durkheim, Chicago School, Edwin Sutherland,Chapter2Contents:Similarities and differences between criminology and criminal justice;Various views on crime (consensus view, conflict view, interactionist view),Similarities and differences between deviant behaviors and crimeFunctions of criminal lawCriminology research methods (Survey Research/Cohort Research/Aggregate Research/Experimental Research/ Observational and Interview Research)Various mode of trial ( compurgation and ordeal, combat)Similarities and differences between criminal law and trot lawDefenses: excuse defenses-----lacking actus reas and mens rea, insanity, duress, intoxication, ignorance or mistake and justification defenses: self –defense, necessity and entrapmentKey terms:deviant behaviors, penology, Rehabilitation and treatment,Capital punishment and mandatory prison sentences, Uniform Crime Report (UCR), mores and folkways, wergild, common law, statutory law, case law, precedent, jury, Mala in Se (natural crime) and Mala Prohibitum (statutory crime), Felonies and Misdemeanors, burden of the proof, preponderance of the evidence, beyond reasonable doubt,Actus reus,Mens rea,Strict liabilityChapter3Key terms:The uniform crime report,Self-report survey, National Crime Victimization Survey ( NCVS), Chronic offenderChapter4Contents:Problems of crime victim (loss, suffering, fear, antisocial behavior)Theories of victimization ( Victim precipitation theory---Victim initiates the confrontation that eventually leads to their injury or death; Active precipitation; Passive precipitation; Lifestyle theory---High-risk lifestyles, the equivalent group hypothesis, the proximity hypothesis, the deviant place hypothesis; Routine activities theory----Availability of suitable targets, Absence of capable guardians, Presence of motivated offenderCaring for the victim ( government‘s response, victim service programs, )Key terms:Victim, victimization, Victim precipitation theory, Lifestyle theory, Routine activities theor yChapter5Contents:Views of choice theory, routine activities theorySituational crime preventionCrime prevention strategiesKey terms:choice theory, crime, criminality, ration choice, routine activities theory, deterrence, specific deterrence, general deterrence, displacement, extinction, discouragement, and diffusion, incapacitation, informal sanction, three strikes and you are out, just desert theoryChapter6Contents:Branches of trait theoryViews of each branch of trait theoryKey terms:Sociobiology, Biochemical conditions, chemical and mineral influences, hormonal influences, allergies, premenstrual syndrome, hormonal imbalances, environmental contaminants, Neurological impairments,Genetics, psychodynamic, cognitive,behavioralChapter7Contents:Branches of social structure theoryViews of each branch of social structure theoryKey terms:Chicago School, Social disorganization theory, Shaw and Mckey‘s concentric zone theory, Social ecology theory, Strain theory, Anomie, General strain theory, Institutional anomie theory, Relative deprivation theory,Cultural deviance theory, Sellin‘s culture conflict theory, Miller‘s focal concern theory, Cohen‘s theory of delinquent gangs, Cloward and Ohlin‘s theory of opportunityChapter8Contents:Branches of social process theoryViews of each branch of social process theoryKey terms:Social learning theory, differential association, differential reinforcement theory, Neutralization theory, social control theories, Labeling theory or social reaction theory, Primary deviance and secondary devianceExercisesⅠFill in the blanks with suitable terms:(1) According to Sutherland, a crime committed by a person of respectability and high social status in the course of occupation is called as _______________. (white-collar crime )(2) If the defendant maintains that the law enforcement officers induced him or her to commita crime, the defendant can use the defense of __________ to excuse him or her. (entrapment )(3) __________ means long-term psychological pain that a victim suffered from a crime. (indirect costs)(4) According to the _______________view, some people may actually initiate the confrontation that eventually leads to their injury or death. ( victim precipitation)(5) The school of criminology which views that criminals rationally choose crime is called as________________. ( choice theory)(6) According to Becarria, people want to achieve________ and ______avoid ________. To be effective, crimes and their punishments must be proportional. Without __________ people would not be deterred from committing more serious offences. (pleasure, proportionality, pain)(7) According to routine activities theory, crime is the result of the interaction of there factors, these factors are_________. ( suitable targets, capable guardians, motivated criminals)(8) Psyc hodynamic theory ( Freud‘s version of psychodynamic theory) says that the humanpersonality has three-part structure, these parts are______. ( id, ego, superego)(9)Strain theory has several branches, these are__________. ( Anomie theory, general strain theory, institution anomie theory, relative deprivation theory)(10) Social learning theory has several branches, these are_______________. ( differential association theory, differential reinforcement theory, neutralization theory )(11) According to Laub and Sampson‘s view, life events can enable adult offenders to desist from crime, and two critical turning points are ___________. ( marriage and career)(12)According to Laub and Sampson‘s view, positive relations with individuals and institutions that are life-sustaining are called as_____________. (social capital)(13)The philosophy which emphasized that behavior must be useful, purposeful, and reasonable is called_________.( utilitarianism)(14)__________has two main elements, one is the belief that human behavior is a function of external forces that are beyond individual control; the other is the embrace of the scientific method to solve problem. ( Positivism)(15) According to _____________, law is not the exclusive domain of the rich, but rather is used to maintain the long-term interests of the capitalist system and control members of any class who threaten its existence. (structural Marxism)(16) According to _____________, criminal law and criminal justice system solely as an instrument for controlling the poor, have-not members of society; the state is the tool of capitalists. (instrumental Marxism)(17)According to _____________, crimes are behaviors believed to be repugnant to all elements of society. (consensus view)(18) Criminologists use research methods such as________, _________,__________to measure the nature and extent of criminal behavior. ( survey research, cohort research, aggregate date research, experimental research, observational and interview research)(19) In preliterate societies, __________and_______ played the same role as law in modern society. (mores and folkways)(20) __________refers to a law applied to all subjects of the land, without regarg for geographic or social differences. (Common law(21) Cases from which rules can be draw and are commonly applied in all similar cases are called_________.(precedents)(22)In criminal matters, the defendant‘s guilt must be proven ___________.In a civil case, guilt is established by ______________ of the evidence. ( beyond a reasonable doubt, preponderance )(23)A felony is a serious offence, while a _______________ is a minor or petty crime. (misdemeanor)(24) If a defendant is charged with murder, but at the time when he killed the victim, the victim was entering the defendant‘s dwelling house with intent to commit a felony, the defendant may use ___________ to refute the charge. (self-defense)(25) A male with sexual relations with underage female will be charged with the crime of _____________. (statutory rape)(26) The survey which allows the participants to reveal information about their violations is called _____________. (self-report survey)(27) These persistent offenders are referred to as _______________. (chronic offenders orcareer criminals)(28) There are three branches of social structure theory, these are___________.( social disorganization theory, strain theory, culture deviance theory )(29) Social process criminologists have long studied the critical elements of socialization to determine how they contribute to a burgeoning criminal career. Prominent among these elements are _______________________________.( family, peer group, school, church)(30)According to Lemert, _______________ involves norm violation or crimes that have little influence on the actor and can be quickly forgotten, in contrast, ______________ occurs when a deviant event comes to the attention of significant others or social control agents, who qpply a negative label. (primary deviance, second deviance)(31)____________ are the key players in the judicatory process. (judge, prosecutor, defense attorney)(32) ________________ means that a defendant cannot be prosecuted by a jurisdiction more than once for a single offense. (Right to be free from double jeopardy)(33) Today corrections can be divided into four components---_______________. (community-based corrections, jails, prisons, and parole programs)ⅡAnalyzing1.Each of the following paragraph support one branch of criminology, point out which branch of criminology does each of the paragraph support:(1)Evidence shows that jurisdictions with relatively low incarceration rates also experience the high crime rates.(2)Crime rates correspond to neighborhood structure and crime is created by the destructive ecological conditions in urban slum.(3)Some criminologists‘ surveys show that juvenile delinquents maintained close association with delinquent youths prior to their law-violating acts.(4)I tried to stay away from crime……Nobody would hire me. I was an ex-con and I tried, I really tried to get gainful employment. There was nobody looking to hire with my record. So, I started robbing.(4) An inverse relationship exists between crime rates and the severity, certainty, and speed of legal sanctions.(5) The women‘s movement can reduce domestic violence by mounting a crusade to shame spouse abusers.(6) A criminal offender is a deeply disturbed individual who suffers from a variety of mental and physical abnormalities.(7) Results of experiments indicate that changes of children‘s diets in sugar can reduce aggression levels.(8)Studies conducted in the United States and in other nations have shown a significant relationship between impairment in executive brain functions and aggressive behavior.(9) Homicide rate increase significantly immediately after a heavyweight championship prize fight.(10) Delinquent behavior of lower-class youths is actually a protest against the norms and values of middle-class U.S culture.(11) Young offenders sometimes claim that unlawful acts are simply not their fault; criminalacts result from forces beyond their control or are accidents(12) The world is a corrupt place with a dog-eat-dog code, it is ironic and unfair for these authorities such as police, judges, teachers, and parents to condemn criminal misconduct.(13) Children negatively labeled by their parents routinely suffer a variety of problems, including antisocial behavior and school failure.2.Each of the following criminal policy is based on a kind of criminology, point out which kind of criminology does each policy be based on:(1)Let the punishment fit the crime(2)Three strikes and you are out(3) Crack-downs—sudden changes in police activity designed to increase the communicated threat or actual certainty of punishment --- can lower crime rates.(4)Surgical procedures should be used to alter the brain structure of convicted sex offenders in an effort to eliminate or control their sex drives.(5)Give indigent people direct financial aid through public assistance or welfare.(6) Mobilization for youth (a program designed to reduce crimes produced by structures of slum areas in New York.)(7) Society should try to reconcile the parties involved in conflict.ⅢEach of the following criminologists or schools of criminology hold one of the following views, choose the number from right that best matches each of the letter from left, and write your answers in answer paper:A. Durkheim 1. Crime can be useful and occasionally even healthful for societyB. Lombroso 2. Born criminals inherited physical problems that impelled them into a life of crime.C. Chicago school 3. Social forces operating in urban areas create criminal interactions; some neighborhoods become ―natural areas‖ for crime.D. Edwin Sutherland 4. People learn criminal attitudes from older, more experienced law violators.E. Walter Reckless 5. Crime occurs when children develop an inadequate self-image, which renders them incapable of controlling their own misbehaviorF. Marxist criminologists 6. Crime is a function of the capitalist mode of production; capitalism produces haves and have-nots, each engaging in a particular branch of criminality.G. Enrico Ferri 7. A number of biological, social, and organic factors caused delinquency and crimeⅣTrue or false1.Two classical criminological studies, one by Hans von Hentig and another by Stephen Schafer, first identified the critical role of the victim in the criminal process.2.Social learning theorists view violence as something learned through a process called behavior modeling3.Social process theories share one basic concept: all people, regardless of their race, class, orgender, have the potential to become delinquents or criminals.4. Although members of the middle and upper classes also engage in crime, social structure theorists view middle-class and white-collar crime as being of relatively lower frequency, seriousness, and danger to the general public.5. According to social structure theory, the disadvantaged economic class position is a primary cause of crime.6. Social process theories hold that criminality is a function of individual socialization.7.Conflict theories view criminal behavior as a function of conflict, crime is only a reaction to the unfair distribution of wealth and power in society.8. According to Marxist feminists, gender inequality is a function of female exploitation by fathers and husbands, so, female in a capitalist society commit fewer crimes than male.9. According to Power- Control Theory, middle-class girls are the most likely to violate the law because they are less closely controlled than their lower-class counterparts.10. A juror who acknowledges any bias for or prejudice against the defendant should be moved for cause and replaced with another.ⅤTranslationP6 Basic elements of classical criminology theoryP6 Introduction about positivismP20 Integrated definition of crimeP115 Difference between crime and criminalityP257 Marx‘s comment on productionP226 Branches of social process theory ‗s views on human nature and the role of socialization in criminalityP291 Gottfredson and Hirchi‘s explanation on why some people who lack self-control can escape criminality.P333 First- degree murderⅥAnswer the following questions:1.What are the functions of criminal law?(PP36-39)2. If one has a legal duty to act, his failure to act is a criminal offence, what kind conditions does a person has a legal duty to act? (P40)3. What are the problems of crime victims? (PP85-88)4. How to prevent one from being victimized? (PP95-100, PP103-104, community crime prevention programs, target hardening, self- defense measures)5. What are the differences between various kinds of homicide? (P333)6. What are the differences between larceny, theft, robbery, and burglary?(PP369-370)ⅦClassification of crimes:Crimes can be classified as mala in se (natural crime ) and mala prohibitum (statutory crime), point out each of the following crime belonging to which kind of crime according to this kind of classification:Possession of drug, smuggling, murder, rape, burglary, theft, robbery, arsonCrimes can be classified as instrument crimes ( crimes through which people obtain their desired goods) and expressive crimes ( crimes through which people express their rage, frustration, anger against society), point out each of the following crime belonging to which kind of crime according to this kind of classification:Selling drug, smuggling, assault, rape, theft, robbery, arsonCrimes can be classified based on the seriousness, a felony is a serious offence, a misdemeanor is a petty crime, point out each of the following crime belonging to which kind of crime according to this kind of classification:Murder, rape, robbery, petty theft, unarmed assault, burglary内容:犯罪的主要领域;各种犯罪的定义对犯罪的看法持有这些学校早日犯罪(古典犯罪,十九世纪的实证主义,社会学犯罪Physiognomists ,Phrenologists和病态人格,生物决定论,制图学校,芝加哥学派)关键术语:犯罪,刑事,罚款,处罚,纠正,犯罪学,犯罪学古典,实证犯罪学,犯罪社会学,Physiognomists ,Phrenologists和病态人格,生物决定论,功利主义,实证方法,实证犯罪学家代表:意大利人贝卡利亚,意大利罗索,LAJ (阿道夫)克托莱,涂尔干,芝加哥学派,埃德温萨瑟兰,Chapter2内容:异同犯罪和刑事司法;各种不同的看法犯罪(一致认为,冲突的观点,认为互动),异同越轨行为和犯罪职能刑法犯罪学研究方法(调查研究/队列研究/总结研究/实验研究/观测和研究访谈)各种模式的审判(compurgation和磨难,打击)异同刑法和小跑法防御:防御系统的借口-----现实缺乏reas和犯意,精神错乱,胁迫,中毒,无知或错误防和理由:自我防卫,必要性和陷阱关键术语:越轨行为,刑罚学,康复和治疗,死刑和强制性监狱服刑,统一犯罪报告(非编码区),习俗和民俗,wergild ,普通法,衡平法,成文法,判例法,先例,陪审团,马拉硒(自然人犯罪)和马拉Prohibitum (法定犯罪),重罪和轻罪,负担的证据,优势证据,排除合理怀疑,犯罪,犯罪意图,严格责任Chapter3关键术语:统一犯罪报告,自报告调查显示,全国犯罪受害调查(NCVS ),慢性罪犯第4章内容:问题的犯罪受害者(损失,痛苦,恐惧,反社会行为)理论受害(受害者降水理论---受害者发起的对抗,最终导致其受伤或死亡;主动降水;被动降水;生活方式理论---高风险的生活方式,相当于组假说,接近假设,越轨地方假说;日常活动理论----是否有合适的目标,缺乏能力的监护人,存在犯罪动机照顾受害者(政府的反应,受害人服务项目)关键术语:受害人受害,受害者降水理论,生活方式的理论,日常活动理论Chapter5内容:意见选择理论,日常活动理论情景犯罪预防预防犯罪战略关键术语:选择理论,犯罪,犯罪,配给的选择,日常活动理论,威慑,具体的威慑,一般威慑,流离失所,濒临灭绝,气馁,和传播,残疾的,非正式的制裁,三打你的,只是沙漠理论Chapter6内容:分行特质理论意见,每一部门的特质理论关键术语:社会生物学,生化条件下,化学和矿物的影响,荷尔蒙的影响,过敏,月经前期综合征,内分泌失调,环境污染物,神经损伤,遗传,心理动力,认知,行为Chapter7内容:分支机构的社会结构理论意见,每一部门的社会结构理论关键术语:芝加哥学派,社会混乱的理论,Shaw和Mckey的同心圆理论,社会生态学理论,应变理论,失范,一般应变理论,制度失范理论,相对剥夺理论,文化偏差理论,Sellin的文化冲突理论,米勒这是一种为了满足重点关注的理论,科恩理论的团伙犯罪,Cloward 和俄林理论的机会Chapter8内容:分支机构的社会过程理论意见,每一部门的社会过程理论关键术语:社会学习理论,微分协会,加强理论差别,中和理论,社会控制理论,标签理论或社会反应理论,小学和中学越轨行为偏差练习Ⅰ填空合适的条件:( 1 )根据萨瑟兰,犯下的罪行的人的尊严和很高的社会地位的过程中占领是被称为_______________ 。