Sociology of Crime Overview

Criminological Theories

• Critical Race Theory (CRT) is an intellectual movement examining how race and racism intersect with law, society, and power structures.

• Hegemony, by Antonio Gramsci, operates through ideologies, culture, and institutions to shape beliefs and values aligning with the ruling class. It maintains power through consent and cultural leadership, not just force.

• Social Bond Theory examines the connection to society. Strong connections decrease the likelihood of crime, while weak connections increase it. Individuals with weak connections feel they have nothing to lose.

Criminological Theories (continued)

• Sexual Drive Theory suggests that uncontrolled sexual drives can lead to crime.
• General Theory of Crime, also known as self-control theory, connects crime to the lack of self-control.
• Life Course Theory examines how life events, transitions, and social changes influence an individual's trajectory, including criminal behavior. It analyzes why individuals engage in and desist from crime over their lifespan.

Criminological Theories (continued 2)

• Class Conflict Theory views laws as tools used by the ruling class to maintain privilege and control "common people." Examples like the Iranian government suppressing protestors, where laws potentially benefit leaders seeking to stay in power.
• Group Conflict Theory views laws as the result of political processes and conflicts between interest groups. Examples include conflicts between liberals and conservatives or environmental protection versus business interests.

Crime, Criminals, and Criminology

• A definition of law is a set of rules assigned by the government for societal adherence and obedience.
• Laws aim to prevent or address harmful behavior arising from deviation or departure from social expectations.
• Societies function through social norms, rules, regulations, and laws.
• Deviance is any behavior contradicting societal norms or rules.

Crime - What is it legally?

• Historically, harmful actions against others were a private matter, but gradually certain harmful acts came to be defined as criminal and the state/province took on the responsibility for enforcing and prosecuting harmful actions considered against society as a whole.
• The legal definition of crime is an (intentional or reckless) act or omission that violates criminal law and is punishable.
• Omission examples include failing to provide for a child.

Crime - What is it legally? (continued)

• In Canada, crimes are primarily defined by the Criminal Code of Canada.
• Regulatory violations are technically not crimes unless they violate criminal law.

The Shifting Nature of Crime

• Crimes are socially defined, often contested, and subject to change.
• Examples like the legalization of cannabis illustrate how social norms and values shape and redefine criminal acts.
• The law's definition of crime is not arbitrary, with many actions being widely considered as problematic across various countries, despite differences in specific laws.

The Shifting Nature of Crime (continued)

• Crime falls under the broader category of deviance, encompassing actions that violate social norms, rules, and laws.
• Laws are influenced by cultural and societal norms and values.
• Some crimes considered serious in one country may be less serious in another (e.g., rape in Canada vs. India).

Classification of Crimes

• English and American law often categorize crimes as felonies (serious) and misdemeanors (less serious).
• Canadian law employs indictable offenses (serious, e.g., terrorism) and summary conviction offenses (less serious, e.g., public nudity). Summary conviction offenses typically result in penalties not exceeding two years in jail and/or a $5,000 fine.

Human Rights Violation as Crime

• Some scholars argue that human rights violations should be considered crimes.
• This broader definition considers harmful actions as crimes, such as government policies fostering conditions like poverty or homelessness.
• These policies might violate basic human rights to food, shelter, and safety..

Why Some Gov't Policies Are "Crimes"

• Government policies that violate basic human rights, such as access to food, shelter, and safety, should be considered crimes.
• Examples include policies restricting access to affordable housing, which can lead to widespread homelessness and cause unnecessary suffering and inequality.
• Or policies neglecting essential healthcare programs, potentially leading to preventative suffering and even deaths.

Is White-Collar Crime Really a Crime?

• White-collar crime is often overlooked because it doesn't align with the traditional notion of crime.
• Criminal law often focuses on street crimes, leading to a perception that crime arises mainly in lower social classes.
• Many important crime committed by middle and upper class people in business, e.g. fraud or embezzlement, are often overlooked.
• These crimes are not always treated like typical crimes and often fall outside of the domain of criminal courts.

For Criminological Research Purposes, Who is a Criminal?

• Not all social harms are considered crimes.
• Not all criminal acts are harmful.
• This raises questions about who should be considered a criminal (e.g., individuals charged with a crime but not convicted; or those who commit a crime but remain uncharged; or those who violate workplace safety protocols).

Reflection Questions

General questions about the definition and impact of criminal acts, including why some acts are considered crimes, why some are not, and why are there differing reactions to different criminal behaviors.

Part III

What Is Criminology?

• Criminology is the systematic and scientific study of crime as a social phenomenon.
• Its goals include understanding and documenting the causes and effects of crime, and how society responds to it.
• Criminology's scope encompasses the process of making, breaking, and reacting to laws.

6 Major Areas of Criminology

• Defining crime and criminals.
• Understanding the origins and role of law.
• Examining the social distribution of crime (e.g., traits, trends, patterns).
• Investigating causes of crime and criminality.
• Evaluating patterns of criminal behavior (offenders and victims).
• Analyzing societal responses to crime.

Emerging Fields of Criminology

• Green Criminology: Includes harmful actions against animals and the physical environment.
• Terrorism Studies: Covers acts of violence against civilians for various goals (political, ideological, or religious).
• Surveillance Studies: Examines constant surveillance and how it affects behavior.

Social Reactions to Crime

• Historically, societies have addressed crime in various ways.
• In Canada, the Constitution Act (1867) guides how people accused of crimes are handled (in the CJ system).
• Criminologists study institutions like police, courts, and corrections systems, extensively.

Brief History of Criminal Law

• Early societies often used personal justice systems.
• Public justice systems emerged, evolving from concepts like the Norman Conquest (in England).

The Mental Element in Crime (Mens Rea)

• Mens Rea refers to the intent to commit a crime.
• Key aspects include intention, knowledge, and recklessness.
• General intent refers to the intent to commit a general criminal act, and specific intent is the intent to achieve a specific goal while committing the act.
• The intent at time of the criminal act is critical.

Intent

• Crime involves a combination of act and intent.
• Individuals who act with intent to commit an indictable offense are guilty under criminal law.

Knowledge

• Knowledge of the false information given in judicial settings constitutes the crime of perjury.

Recklessness

• A test for recklessness involves evaluating whether the action aligns with a reasonable person's standards and not simply whether the individual intended the consequences.

General Principles of Criminal Liability

• Criminal liability is based on the principle of individual responsibility.
• Crime requires both an act and intent (usually).
• Individuals cannot be held fully accountable for their thoughts. Examples include freedom of speech.
• An individual is not liable unless they intended the act or were reckless.

Strict Liability Offences

• Absolute/strict liability offences are exceptions to the requirement of intent, primarily seen in regulatory offenses, illustrated by the Verdun-Jones Case.

Defenses to Criminal Charges

• Common defenses to criminal charges, including technical defenses (e.g., illegally obtained evidence; unreasonable searches).
• Factors like age or insanity can be mitigating factors in criminal cases—e.g., using insanity as a defense, if found NCRMD.
• Self defense is a defense that should be proportionate, and only use the minimum force required to defend yourself.

Defenses: Duress, Necessity

• Duress is a defense where an individual is forced into committing a crime due to threats of harm or death to them or others.
• Necessity is a defense where an individual commits a crime to prevent a greater harm, having no reasonable alternative.

Insanity Defence

• This defense suggests the person is not responsible for the crime due to mental disorder.

Insanity Defence (Willard Case) / McNaughton Rules

• Insanity defenses are legal, not psychological assessments.
• Based on the McNaughton Rules - in a legal defense of insanity, the individual lacked understanding of the nature of the act, or knowingly committed a wrong at the time, with the required intent.
• The Willard Case highlights the complexity of such defense usage.

Intoxication

• Intoxication can be a factor in negating intent in some cases, but individuals can still be found guilty of lesser charge offences, even though intoxication could have alleviated specific intent required for the primary charge.

Mistake of Fact

• Mistaking a fact can be used as a defense in a criminal trial, but ignorance of the law is not.
• This focuses on the factual circumstances, not legal knowledge of the accused.

Self Defence

• Self-defense must not involve harmful intent beyond the level necessary for protection.
• Proportionality is key, and the threat must be immediate and serious.
• The Lavelle Case discussed the Battered Wife Syndrome when using self defense arguments, and the ruling allowed expert witness testimony on the issue because it highlighted a real issue of proportionality, threat, and intent.
• The Nelson Case highlights self-defense considerations.