Question 1

To what does the term mala in se refer?

Accepted Answer

The term "mala in se" refers to actions that are considered inherently wrong by their very nature, independent of any legal definitions or statutes. These are offenses that are morally or ethically considered wrong and are universally condemned. The phrase is Latin for "wrong or evil in itself."

Mala in se crimes are contrasted with "mala prohibita," which are actions that are not inherently immoral but are prohibited by law for the good of society. Mala prohibita offenses might include things like parking violations, jaywalking, or regulatory offenses, which are not intrinsically wrong but are made illegal through legislation.

Examples of mala in se crimes include serious offenses such as murder, rape, theft, and assault. These actions are typically outlawed in virtually all societies because they violate basic moral principles. The concept of mala in se is important in the field of criminal law as it helps to distinguish between crimes that are universally recognized as wrong and those that are deemed wrong because they are defined as such by a specific legal system.

Question 2

What is the difference between retribution and restitution?

Accepted Answer

Retribution and restitution are two concepts that are often used in the context of criminal justice and legal systems, but they have distinct meanings and purposes.

Retribution refers to the punishment imposed on an offender for the wrongdoing they have committed. The primary aim of retribution is to ensure that the offender suffers in proportion to the crime, as a form of justice. It is based on the principle of "just deserts," meaning that the punishment should fit the crime. Retribution is backward-looking; it focuses on the past action of the offender and seeks to balance the scales of justice by imposing a penalty that is deemed appropriate for the offense. This concept is closely related to the idea of deterrence, as the threat of punishment is intended to discourage the offender and others from committing similar crimes in the future.

Restitution, on the other hand, is a principle that focuses on compensating the victim for the harm caused by the offender's actions. The goal of restitution is to restore the victim to the position they were in before the crime occurred, as much as possible. This may involve the offender paying money to the victim or providing services to them. Restitution is forward-looking; it is concerned with repairing the damage done and addressing the consequences of the crime, rather than simply punishing the offender. Restitution is often seen as a way to make the criminal justice process more victim-centered, by acknowledging and addressing the victim's losses and suffering.

In summary, retribution is about punishing the offender for their crime, while restitution is about compensating the victim for their loss. Both concepts play important roles in the criminal justice system, but they serve different purposes and address different needs.

Question 3

What does the term lex talionis mean?

Accepted Answer

The term "lex talionis" is a Latin phrase that translates to "the law of retaliation," often summarized by the expression "an eye for an eye, a tooth for a tooth." It refers to the principle of justice where the punishment corresponds in kind and degree to the injury inflicted. This concept of retributive justice is one of the oldest forms of social regulation and has been found in many different cultures and legal systems throughout history.

The lex talionis is most famously associated with the legal codes of ancient civilizations, such as the Code of Hammurabi from Babylon and the Mosaic Law of the Israelites as found in the Old Testament of the Bible. In these legal systems, the lex talionis was intended to provide a measure of controlled retaliation, ensuring that the punishment for an offense was neither too lenient nor excessively harsh, but proportionate to the harm caused.

While the principle of lex talionis has been influential in the development of legal systems, modern law has largely moved away from literal applications of "an eye for an eye" in favor of more nuanced and rehabilitative approaches to justice. However, the underlying concept of proportionality in punishment remains an important aspect of criminal justice systems around the world.

Question 4

Compare and contrast the victim's justice system with the criminal's justice system.

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Question 5

How did the victim's justice system turn into the criminal's justice system?

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Question 6

What is the relevance of the terms gemeinschaft and gesellschaft for victim treatment?

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Question 7

What major concept or concern captivated the early victimologists?

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Question 8

What is a typology, and why did the early victimologists concentrate on creating typologies?

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Question 9

What is the significance behind the book titles The Criminal and His Victim and The Victim and His Criminal?

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Question 10

What does the term agent provocateur imply?

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Question 11

Explain von Hentig's victim typology that appears in Table 1.1 of the textbook.

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Question 12

Explore the typology, presented in Table 1.3 of the textbook, which Schafer developed.

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Question 13

What does "victim precipitation" mean?

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Question 14

What was the importance of Wolfgang's homicide study?

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Question 15

How did Wolfgang define victim precipitation?

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Question 16

What three findings or empirical regularities emerged from Wolfgang's homicide study?

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Question 17

Did Wolfgang's study and Amir's research support or refute the concept of victim precipitation?

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Question 18

Why did some people object to Amir's conclusions?

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Question 19

Explain the four assumptions behind the victim precipitation argument.

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Question 20

What does Curtis gain by merging victim precipitation with offender responsibility in Table 1.4 of the textbook?

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Quiz 1: The Scope of Victimology