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Final exam Questions 1-4

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Rebecca Manley

Exam questions 14 1 Crime is indeterminate Legal laws can be indeterminate according to Benjamin Gregg Standing standards of review and demands of procedural due process are often open to judicial manipulation Gregg 2007People use common sense and membership categorization in order to determine whether a crime has been committed or not hence the indefinite knowledge of crime for example a car pulls up to a woman smoking a cigarette A man jumps out grabs her and pushes her into the car while throwing the cigarette out One interpretation could be that it was a daughter and her father disciplining her for smoking But it could also have been an abduction Lesson 5Lena Jayyusi studied rationality and morality and discusses the concept of insanity which denies rationality and therefore responsibility Lesson 5Battered wife defence illustrates provocation and how it is a factor when judging crime Eg In 1990 a woman was acquitted of killing her abusive husband Lesson 5Intoxication is sometimes used to argue against criminal responsibility because it impairs both mental and moral state Lesson 5Gregg notes the indeterminate nature of judicial manipulation and Garfinkel 1967 identifies how a good juror would make decisions Lesson 5 Not all jurors are good jurors and can make decisions based on other factors as welloA good juror would choose what is legal when decided between what is legal and what is fairoSympathy does not affect choice for a good juroroA good juror follows the judges instructions to the letteroA good juror does not make a judgement on the case until the trial has been completedoA good juror is in no way identifiable as a particular type in society What heshe decides can not be predicted by hisher appearance manner questions etcoA good juror becomes a representative of societyoA good juror would not take a position and then feel obligated to defend it out of pride instead of depending on the merit of the argument oA good juror respects the possibility that others may reach a different judgement and that they are entitled to do so Feel free to add onC Lin2 Crime is what we want it to beLesson 5DR Watsonexplains that activities are tied to particular categories commonsense knowledge allows us to say that a certain activity is typical of someone in a particular categorywe use common sense to interpret whether a crime was being committed or not therefore we ultimately make crime what we want it to bewhat our mind wants it to beLike the other perspectives the ethnomethodological approach treats criminal law and therefore crime as sociallyconstructed concepts Lesson page 4
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