Criminology and Positivism Overview

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Questions and Answers

What characteristic is associated with Cesare Lombroso's theory of atavistic anomalies?

Symmetrical face

Narrow jaws

Straight teeth

Long arms (correct)

Which principle emphasizes that punishment should closely match the crime committed?

Graduated punishment (correct)

Restorative justice

General deterrence

Rehabilitative approach

What aspect of human behavior does positivism primarily focus on?

Individual choices and free will

Societal influences

External environmental factors (correct)

Genetic predispositions

Which of the following best reflects the socialization view of crime?

Pro-social influences deter criminal behavior Signup and view all the answers

The Chicago School is known for its focus on what aspect of criminology?

Structural perspective of society Signup and view all the answers

What law encompasses acts that are considered wrong in themselves, regardless of legal statutes?

Mala in se Signup and view all the answers

Which category of offense can be addressed as either a summary or an indictable offense?

Hybrid offenses Signup and view all the answers

What was the primary purpose of the Northwest Mounted Police (NWMP) when it was formed in 1873?

Repress political dissent and control Indigenous populations Signup and view all the answers

Which act established a centralized federal crime control in Canada, allowing for the creation of statute law?

The British North America Act Signup and view all the answers

Which type of law primarily governs personal agreements and contracts?

Contract law Signup and view all the answers

What term describes behaviors that are considered unusual or unacceptable but are not subject to formal criminal sanction?

Deviance Signup and view all the answers

Which view of crime suggests that crime is controlled by wealth and power rather than a moral consensus?

Conflict view Signup and view all the answers

Which of the following is NOT considered a factor influencing crime rates?

Weather conditions Signup and view all the answers

What is the primary focus of victimology in criminology?

Analyzing the nature and causes of victimization Signup and view all the answers

What concept emphasizes that crime has no intrinsic meaning until there are social reactions to it?

Interactionist view Signup and view all the answers

In criminology, what does the term 'penology' refer to?

The control and correction of criminal behavior Signup and view all the answers

According to criminological thought, what defines a behavior as a crime?

It is explicitly prohibited by law Signup and view all the answers

What role do moral entrepreneurs play in shaping perceptions of crime?

They promote their own values onto others Signup and view all the answers

What factor is likely to affect crime rates, according to the content?

The level of police enforcement Signup and view all the answers

How is the crime rate calculated?

Total number of crimes divided by the population and multiplied by 100,000 Signup and view all the answers

What is the primary purpose of self-report surveys in criminology?

To combat underreporting in official statistics Signup and view all the answers

What limitation does the UCR face regarding crime reporting?

It does not account for crimes discovered through police investigation Signup and view all the answers

Which of the following best describes the crime clearance process?

A crime can be cleared without any arrest or prosecution Signup and view all the answers

What is a key characteristic of property crime in Canada?

It is the most common offense reported Signup and view all the answers

Which limitation of the UCR is related to media influence?

Reporting practices might sensationalize crime Signup and view all the answers

What important aspect does the crime severity index take into account?

The seriousness of different offenses Signup and view all the answers

How do instrumental crimes differ from expressive crimes?

Instrumental crimes are committed out of financial necessity, while expressive crimes are for emotional gratification. Signup and view all the answers

At what age range do most crimes tend to be committed?

15-25 years of age Signup and view all the answers

What is meant by the term 'aging out' in relation to crime?

The decrease in criminal behavior as individuals grow older. Signup and view all the answers

What role did ecclesiastical courts play in early legal systems?

They dealt with issues of morality and religion. Signup and view all the answers

What is a characteristic of inchoate crimes?

They are defined as incomplete or unfinished offenses. Signup and view all the answers

Which of the following best describes the term 'stare decisis'?

The principle of adhering to established precedents in legal cases. Signup and view all the answers

What distinguishes statutory laws from common law?

Statutory laws are written laws enacted by a governing body. Signup and view all the answers

Which statement is true regarding the nature of murder categorization in legal contexts?

Murder needs more categorization to address the varying nature of offenses. Signup and view all the answers

Study Notes

Criminology

Criminology is the study of crime and its causes.
Criminologists analyze crime and its origins to find ways to control it.
Scholars in criminal justice study the operations of police, courts, and corrections systems to understand how to improve crime control techniques.

Positivism

Positivism sees human behavior as a product of forces outside an individual's control.
Positivism believes that scientific approaches can solve issues related to human behavior.
The earliest methods to understand criminality focused on biology.
Physiognomy was based on the analysis of facial features, while phrenology used skull shapes and bumps.

Cesare Lombroso

Lombroso's work inspired criminal anthropology, which posits that physical characteristics can define criminality.
Lombroso believed certain physical traits, such as large jaws, strong canine teeth, asymmetrical faces, and long arms, were indicative of a "born criminal."
He argued that these criminogenic traits could be passed down through generations.

Chicago School

The Chicago School extended the principles of sociological positivism to study the social ecology of cities.
It challenged the idea that social institutions could effectively regulate behavior.
Crime was analyzed within the context of where a person lives and how it relates to their environment.

Theories of Criminology

The Chicago School aligns with a structural perspective in criminology, as it focuses on how social structures influence criminal behavior.
Cesare Lombroso's theory is more individualistic, focusing on innate biological characteristics that predict criminality.
Jeremy Bentham's ideas, which emphasize utilitarianism and rational choice, could be considered more individual-focused.

The Development of Law in Canada

Canada's criminal justice system (CJS) was heavily influenced by English common law traditions.
Military forces played a role in preserving law and order before 1867.
The Hudson’s Bay Company used employees to enforce its own legal system.
The North-West Mounted Police (NWMP), established in 1873, aimed to suppress political dissent and control Indigenous populations.
The Royal Canadian Mounted Police (RCMP) was formed in 1920.
The British North America Act centralized federal crime control, granting the federal government the power to create laws.
European CJS reforms, particularly in areas like prisons, police training, and the declining use of capital punishment, impacted Canada's legal system.

Canadian Law Types

Civil law encompasses areas like property law, contract law, and tort law.
Criminal law focuses on offenses against the state, designed to protect the public and maintain social order.
In criminal cases, the state initiates legal action, with victims playing only a limited role.
The burden of proof lies with the state, which must demonstrate guilt beyond a reasonable doubt.

Offenses Categories

Indictable offenses: Serious crimes such as theft over $5,000, breaking and entering, aggravated assault, and murder.
Summary offenses: Less serious offenses like disturbing the peace and loitering.
Hybrid offenses: Crimes that can be treated as either indictable or summary offenses, such as impaired driving, assault, and possession of controlled substances. The Crown determines how these offenses will be prosecuted.

Legal Terminology

Mala in se: Acts considered inherently wrong, regardless of legal prohibitions, e.g., murder and theft.
Mala prohibitum: Acts deemed wrong solely because they are prohibited by law, e.g., drug use.

Key Areas of Criminological Study

Criminal statistics: Analyzing crime data to understand patterns and trends.
Sociology of law: Studying the origins and evolution of laws and the social factors that influence them.
Theory construction: Seeking to explain crime rates and trends.
Criminal behavior systems: Understanding the causes and patterns of specific types of crime.
Penology: The study of the punishment, correction, and control of criminal behavior.
Victimology: Examining the causes and nature of victimization.

Considerations in Criminological Research

Ethics: Funding sources can influence research directions.
Power imbalances: Research projects can place subjects at risk if power dynamics aren't managed appropriately.
Public perception: Focusing on minority groups can potentially lead to biased public perceptions and harsher policing practices.

Deviance vs. Crime

Deviance: Behavior that departs from societal norms, but not subject to formal criminal sanctions.
Crime: Acts that break codified laws and lead to formal punishment by government bodies.
All crimes are deviant, but not all deviant behaviors are criminal.

Views of Crime

Consensus View: Crime is defined by law and reflects a shared understanding of what behaviors are unacceptable.
Conflict View: Crime is a result of power imbalances, with those in power using laws to control those who lack power.
Interactionist View: Crime is defined through social interactions and the meanings people attach to behaviors. Moral entrepreneurs influence the classification and enforcement of crimes.

Studying Crime Rates

Understanding crime rates helps develop theories about crime and implement effective crime control strategies. Knowledge leads to prediction and control.

Factors Influencing Crime Rates

Reporting Sensitivity: Victims may be reluctant to report crimes.
Policing Sensitivity: Variations in police enforcement practices can influence crime statistics.
Definition Sensitivity: Changes in legal definitions can impact crime rates.
Media Sensitivity: The media has a significant influence on public awareness of crime, potentially impacting reporting habits.
Real Trends: There are observable changes in criminal behavior outside of the influences mentioned above.

Methods of Measuring Crime

Uniform Crime Report (UCR): Provides data on crime based on police reports.
Crime Severity Index (CSI): Weights the seriousness of crimes to provide a more nuanced view of criminal activity.
Self-Report Surveys: Criminologists use these to gather data directly from individuals about their involvement in crime, as an alternative to official statistics.
Victimization Surveys: Investigates what crimes victims have experienced, which helps capture crimes that may not be reported to police.

Limitations of the Uniform Crime Report (UCR)

The UCR only reflects crimes detected by police investigations, which may not capture the full scope of criminal activity.
The UCR is designed to capture the characteristics of both accused individuals and victims.
UCR2 provides incident-based data, including details about the specific circumstances of the crime.
False or unfounded reports are excluded from the UCR count.
The crime rate is calculated by dividing the total number of crimes by the population and multiplying by 100,000.

Crime Clearance

A crime is cleared when:
- Someone is arrested, charged, and referred to court for prosecution.
- Police are unable to arrest the perpetrator due to factors beyond their control.
A case can be cleared without leading to charges or convictions.
Clearance rates vary across different crime types.

Limitations of the UCR and UCR2

Reporting Practices: Underreporting of crimes can distort statistical data.
Law Enforcement Practices: Variations in police responses to crimes can influence data accuracy.
Legal Definitions: Changes in how crimes are legally defined can influence crime statistics.
Media Practices: Sensationalized media coverage can affect crime rates and policing practices.
Methodological Problems: The UCR and UCR2 aren't perfect measures, and their accuracy can be impacted by these limitations.

Instrumental Crimes: Illicit activities committed by individuals struggling to meet their basic needs or desires.
Expressive Crimes: Illegal acts with no instrumental purpose, often violent crimes.
Social class might be a factor in criminal behavior, with different crimes linked to different socioeconomic levels.

Age and Crime

Aging Out: The tendency for crime rates to decline as individuals age.
Early Onset: Individuals who exhibit deviant or criminal behaviors at a young age are more likely to become persistent offenders.
Gender Differences: There are differences in criminal behavior patterns between genders, for example, in homicide rates.
Desistance: Giving up criminal or deviant behaviors, occurs at different rates based on the type of crime.
Most crimes are committed by individuals between the ages of 15 and 25.

Development of Law, Crime, and Custom

Legal systems developed through common law traditions.
Initially, legal structures were decentralized into families and tithings (small groups of families).
Ecclesiastical courts handled matters related to religion and morality.
Crimes were resolved through compensation to victims or their families.
Decisions were based on precedent (stare decisis), where past rulings guided future judgements.

Common Law and Statutory Law

Common law continues to evolve and undergo refinements.
Statutory law is codified and enacted by legislatures.
Canada has transitioned from relying primarily on common law to using statutes.
Inchoate crimes are incomplete offenses.
- Attempt: An intentional act intended to commit a crime but not completed.
- Conspiracy: An agreement to commit a crime, even if the crime isn't carried out.
Statutory laws have played a significant role in criminalizing drug use in England.

Additional Notes

Statutory laws are written and codified laws enacted by legislative bodies.
Municipalities typically can't enact statutes; that power usually lies with the provincial or federal government.
The Prairies have seen some increases in crime rates, while other provinces experienced declines.

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Description

This quiz explores the foundational concepts of criminology, particularly focusing on positivism and the contributions of Cesare Lombroso. Participants will learn about the interplay between crime, human behavior, and scientific approaches to understanding criminality. Test your knowledge on these critical themes in the field of criminal justice!