Homework: Criminal Law and Structural-functional Analysis Deviance Essay

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Deviance- as the recognized violation of cultural norms.

Emile Durheim
Structural-functional Analysis
Deviance affirms cultural values of norms.
Responding to deviance clarifies moral boundaries.
Responding to deviance promotes social unity.
Deviance encourages social change.

Labeling Theory- the ideal that deviance and conformity results not so much from what people as from how others respond to those actions.
Stigma- a powerfully negative label that greatly changes a person’s self-concept and social identity.

Mens Rea
Mens Rea- is the mental part, the state of mind required to be criminally liable. It is often defined as “a guilty mind” or possessing a criminal intent.
What exactly is intent?
Do any of the following terms define intent in your mind.
Mischievous
Malicious
Unlawful
Purposeful
Intentional
Knowingly
Willingly
Reckless
Negligent
Careless
Fraudulent
With and evil purpose

General, Specific, & Constructive Intent
General Intent- if the defendant only intended the act, and not the result of the act, then the defendant possessed general intent.
Specific Intent- If the defendant had a desire or purpose to cause the result of the act, then the defendant possessed specific intent.
Constructive- occurs when the defendant does not intend to cause the result but should have known the results were possible.

Malum In Se & Malum Prohibitum
Malum in Se- if a crime is inherently evil it is considered to be malum in se.
Malum Prohibitum- if a crime is not evil in itself, but is only criminal because declared so by legislature, then it is considered to be malum prohibitum.
Transferred intent- whenever a person intends a harm, but because of default (bad aim) or other cause the intended harm befalls another, the intent is transferred from the intended victim to the unintended victim.

Strict Liability- Guilt of a criminal offense even if there is no criminal intention (mens rea).
Strict Liability Crimes- Crimes or offenses in
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