Homework: Criminal Law and Structural-functional Analysis Deviance Essay

Submitted By tsdavis88
Words: 470
Pages: 2

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.
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