Crim 210 Notes PDF

WEEK 2 LECTURE SLIDES --------------------- **Historical Perspectives on Youth** ==================================== **Medieval Europe (5th to 14th Century)** ----------------------------------------- - - - - **Reformation (14th - 16th Century)** -------------------------------------...

WEEK 2 LECTURE SLIDES --------------------- **Historical Perspectives on Youth** ==================================== **Medieval Europe (5th to 14th Century)** ----------------------------------------- - - - - **Reformation (14th - 16th Century)** ------------------------------------- - - - - **Age of Discovery (16th/17th Century)** ---------------------------------------- - - - **Enlightenment (18th Century)** -------------------------------- - - - **Historical Perspectives in a Canadian Context** ------------------------------------------------- ### **The First Western Settlers** - - - ### **Agrarian Societies in Canada (pre-1867)** - - - ### **Industrial Societies in Canada (1867-1960s)** - - - **Early Responses to Youth Crime** ---------------------------------- ### **What Does it Mean to Offend?** - - ### **Canada\'s View of Youth Crime** - - ### **The Industrial Revolution: Creation of, and Exposure to, Youth Crime** - - ### **Initial Legislation in Canada** - - - ### **Responding to Youth Crime: Philosophical Differences** - - ### **Removing Youth from the Community** - - ### **The Child Saving Movement** - - - **Historical Period** **Key Perspectives on Youth** --------------------------------------------- ------------------------------------------------------------------------------------------------------------------ Medieval Europe (5th-14th Century) Children viewed as inherently \"evil\" due to \"original sin\"; Roman Catholic Church dominated judicial system Reformation (14th-16th Century) Decline of Roman Catholic Church\'s influence; Puritan doctrine of harsh child-rearing practices Age of Discovery (16th/17th Century) Widespread poverty and youth delinquency; Thomas Hobbes\' view of children as \"born evil\" Enlightenment (18th Century) New philosophies emphasizing reason, human dignity, and more humane conceptions of childhood Agrarian Societies in Canada (pre-1867) Children\'s labor essential for economic success; patriarchal societal structure, too much youth freedom = crime Industrial Societies in Canada (1867-1960s) Poor working conditions and child prostitution; belief that social welfare problems caused juvenile crime (WEEK 2) CHAPTER 1 TEXTBOOK --------------------------- **17th and 18th Centuries:** - - - - - **Colonial Public Issue** - **"Causes" and Solutions: an era of control and Punishment** - - **19th Century:** - - - - **Victorian Public Issue:** - - - **Solutions for the Victorian Public Issue:** - - **Is Youth Crime More Serious Now?** - **Summary:** - - - - - - - - - **[Definitions]** - - - - - - - - - - - - - - - - WEEK 3 LECTURE SLIDES --------------------- Key Features of a Theory - - Classical School (18 th Century) Key Principles: People are rational, intelligent beings who exercise free will in choosing criminal behaviour Cesare Beccaria: Focused on due process, codified laws, philosophy of punishment Jeremy Bentham: Proportionality of punishment, case precedent, repeat offenders should be punished more severely Positivist School (19 th Century) Key Principles: - - Cesare Lombroso: - - Henry Goddard - - Comparing Key Concepts Positivist School \- Determinism \- Multiple causes \- Emphasis on offender \- Rehabilitation Classical School \- Free will \- Hedonistic human \- Emphasis on offense \- Punishment/Rule of Law Always keep in mind that we are talking EARLY perspectives/theories, there are classical school inspired theories that discuss bounded rationality, positivist - inspired theories that are not deterministic Early Biological Perspectives Franz Gall Phrenology \- The shape of the skull can be used to predict criminality \- Marked a movement away from religious explanations of crime to more 'empirical' explanations of crime Cesare Lombroso Emphasis on phrenology (the shape of an offender's head) Studied offender populations to identify the 'atavistic man' Not purely rooted in the biological perspective; described criminaloids as pulled into crime by their environment Sheldon's Somatotypes Ectomorph - skinny and withdrawn Endomorph - obtuse and outgoing Mesomorph - muscular and aggressive Family Studies Why focus on the family? - - Summary of Family Studies **Family Studies -- two main findings** - - **This family chain of criminality cannot be linked to genetics** - Twin Studies  Twin Studies Examine whether criminal behavior is present among MZ and DZ twins \- Approximately 50% of the variation in antisocial behavior can be explained by genetics Limitations of Twin Studies - - Adoption Studies Adoption studies - Two study designs - - Problem of generalizability - Historical Theories of Crime: Psychological Freud - Skinner - Bandura - - - Piaget; Kohlberg - - - Freud's Psychodynamic Theory The id: seeks immediate pleasure (e.g., instinct) The ego: reality - oriented thinking (being rational) The superego: Our conscience and our internalizing of society's standards. Regulates the id (morality) Problems with the development of the superego lead to crime. Parenting and trauma the primary source of poor development Validity of Freud's Stages Oral, anal, phallic, latent, and genital stages have little empirical validity In other words, research hasn't replicated this model (Freud liked cocaine) Ultimately, too simplistic, didn't explain causes of crime Nevertheless, the idea that individuals progress through different developmental stages influenced age - graded theories Principles of Classical Conditioning Neutral stimulus, when paired with an unconditional stimulus, is able to produce a conditional response even when the unconditioned stimulus is removed. The neutral stimulus becomes a conditioned stimulus Extinction - if unconditional stimulus (i.e., meat) is continuously removed, conditioned response will disappear Aversive conditioning - exposure to something you enjoy paired with an unpleasant stimulus Little Albert - (WEEK 3) CHAPTER 5 TEXTBOOK --------------------------- Key Terms: - - - - - - - - - - - - - - - - - - - - - Summary: - - - - - - - - - WEEK 4 LECTURE SLIDES --------------------- Contemporary Theories of Crime and Delinquency CONTEMPORARY ECONOMIC/ CLASSICAL SCHOOL THEORIES Opportunity Perspectives - - - CONTEMPORARY SOCIOLOGICAL THEORIES Hirschi's Social Bond Theory - - - - Gottfredson and Hirschi's General Theory of Crime - - - - The Marshmallow Test - - - Contemporary Psychological Theories Learning Theories - Operant Conditioning Operant Conditioning - - - - Reinforcement versus punishment Differential Reinforcement - - - Akers' Social Learning Theory - - - - Developmental Theories Pillars of Developmental Criminology - - - - Patterson's Coercion Development Theory - - - Coercion Development Trajectories Two trajectories (early and late onset) \- Both trajectories a product of parenting, problem parenting occurs earlier, is more severe, and social incompetence higher for early onset group \- The early onset group thus develops more disruptive peer relations and lower self esteem that perpetuates offending over the life course Moffitt's Dual Taxonomy \- We can't keep assuming that our theories will fit equally well to ALL offenders \- There may be different types of offenders with different patterns of offending characterized by different risk factors convictions Childhood = little to no antisocial behaviour Adolescence = delinquency, overcome maturity gap, social mimicry Adulthood - desist: no adult crime, maturity gap closed. Cost of crime rise Childhood - antisocial conduct, neuro-psychological deficits and environment Adolescence = serious delinquency, cumulative consequences Adulthood = continue criminal behaviour Limitations of Moffitt's AL group - Doesn't seem to stop offending in adulthood No support in the literature that offenders can be described by just two groups No support in literature that offenders can be described by just two groups - Typical trajectory studies indicate 4 - 6 unique groups Life Course Theories Pillars of Life Course Criminology Historical Context Linked lives Risk factors are age - graded Human agency Sampson and Laub's Key Turning Points Adult offenders benefit from: - - - - - Integrated Theories Kaplan - - - Elliot, Huizinga, Ageton - - \- Thornberry et al. - - - Theories of Female Offending Theories of female offending  (WEEK 4) CHAPTER 6 TEXTBOOK --------------------------- Key Terms: - - - - - - - - - - - - - - - - - - - - - - - Summary: - - - - - - - - - - - - - WEEK 6 LECTURE SLIDES: The Nature and Extent of Youth Crime ----------------------------------------------------------- Sources of Information on Crime \- Big difference between US and Canada media\... why? (canada not for profit, USA for profit and sensationalize crime) \- Police, Courts, Correctional Institutions Official Statistics \- Victimization Surveys, Self-Report Surveys Researchers Measurement Issues Validity: how well are you measuring what you propose to measure? \- E.g., the dark figure of crime Reliability: the extent to which research results can be replicated in other studies \- E.g., lying about crime; telescoping Sources of Information on Youth Crime Most widely available? Media Most reliable? Official data Most valid? Self-report and victimization surveys Official Reports Highly reliable - But are they valid? - UCR definitions - Victimization Surveys Addresses the dark figure of crime - Reporting biases - Victimless crimes - Self-Report Studies - - - - - Telescoping \- Reporting the right event\... \- But in the wrong time period Describing Crime Trends What is the Age - Crime Curve? \- Depicts the number of crimes committed at each age per 100,000 people. \- Shows that crime drastically declines after age 18. Crime Rate In canada - Crime Severity Index Crime rate may be going down, but is seriousness increasing? More serious crime carries higher weight than less serious crime Weights are derived from actual sentences handed out index Offense - Type Across Age - - Time of Day - Co - Offending - Youth Aged 12 to 17 Accused of a Homicide Offence Describing the Nature and Course of Youth Offending Young Offending in Canada: Key Facts - - - - Crimes Committed by Youth \- 40% of all charges for Break and Enter \- 43% of all arson and motor vehicle theft \- 29% of all property offences \- 23% of all other criminal code offences \- 16% of all violent offences Youth account for: Property Crimes are the most common form of youthful offending - Indigenous Youth - - - Young Offenders Under 12 - - - Gender Comparison Girls - - - - - Boys - - - - - Delinquent Careers 1. 2. 3. 4. 5. Youth As Victims of Crime When youth commit violent crimes, the victim is usually another youth Victim and offender likely know each other Boys are more likely to be victims of assaults or robbery, while girls are more likely to be sexually assaulted Boys have higher\* violence victimization rates than girls Dating violence more likely to be reported by boys Administrative Offences E.g., failing to appear in court or failing to comply with bail conditions Can result in custody Make up almost 25% of court cases Crime in the Media Crime can be misrepresented by the media, broadly, in two ways \- Create perception that 'sensational' cases are common \- Create perception that offenders involved in serious crimes (e.g., murder, sex offenses) differ from offenders involved in common crimes (e.g., theft, minor assault, robbery) \- Strength: easily accessible for the general public Crime in the Media Luka Gordic killed by four young males Public outcry that the youth were not being charged as adults Resulted in calls for a more punitive youth justice system Media purposefully avoided informing its audience to allow the story to continue to receive attention Crown indicated they will ask for adult sentences (WEEK 6) CHAPTER 3 and 4 TEXTBOOK: The Nature and Extent of Youth Crime ----------------------------------------------------------------------- CHAPTER 3 Meassuring Youth Crime: - - The Media: - - Police Stats: - - - Court Stats: - - - Self report surveys: - - - Victimization surveys: - - - - Property Crime: - - - Violent offences: - - - - - - - Sexual Assault - - - Murder: - Administrative and YOA/YCJA Offences: - - Measuring Crime: - - - a. b. c. Validity and Reliability - - - - - What Source of Information is the Best? - - Youth Crime Waves: - - Definitions: - - - - - - - - - - - - - - - - Summary: - - - - - - - - [CHAPTER 4: ] Key Terms: - - - - - - - - - - - - Summary: - - - - - - - - - - - - - - WEEK 7 LECTURE SLIDES Psychopathy (NO TEXTBOOK) **PSYCHOPATHY** PSYCHOPATHY - - - PERSONALITY DISORDERS AND PSYCHOPATHY Personality disorders affect how individuals interact: - - - As a personality disorder, psychopathy cannot be diagnosed prior to age 18 - HETEROTYPIC CONTINUITY: AN EXAMPLE (could show up ON QUZ) The expression of impairments in empathy differ across developmental stages: \- Childhood: Difficulty connecting and playing with peers \- Adolescence: Disregard for the effect antisocial behaviour has on victims \- Adulthood: inability to understand the emotional needs of a partner THE IMPORTANCE OF PSYCHOPATHY Psychopathy associated with a greater risk of: - - - Psychopaths comprise 15-25% of adult prison populations (Hare, 2001) - Implications for Tx, rehabilitation, protection of society - WHAT ABOUT YOUTH? - - - - - MEASUREMENT OF PSYCHOPATHY ROBERT HARE'S PSYCHOPATH - - - THE PSYCHOPATHY CHECKLIST :YOUTH VERSION (PCL:YV) - - - CRITICISMS OF THE PCL FAMILY Tautological - Disagreement regarding appropriate number of factors representing psychopathy - Relies on too few personality-derived measures - Central theme: - THE COMPREHENSIVE ASSESSMENT OF PSYCHOPATHIC PERSONALITY - - CAPP DOMAINS AND SYMPTOMS - - - CHALLENGES AND ETHICAL CONCERNS - - - - - - THE ASSESSMENT - - - - 1: Strong interview skills 2: Understanding the definition and measurement of psychopathy (i.e., know what to look for)! - - Being humble! Understand that sometimes you are going to get things wrong Understanding symptoms and rating them THE CAPP ASSESSMENT RATINGS USING THE CAPP Symptoms are rated in three different ways: \- Symptom Strength (0-3) \- Functional Impairment (o-3) \- Global Rating (0-6) Total symptom score out of 198 (33x6) Traits are rated on a scale from 0-4 Adjectival descriptors rated as present or not present ATTACHMENT DOMAIN - - - -  MANIFESTATIONS OF ATTACHMENT When discussing his father, mother and friends, Justin offered the following: \- "I am detached enough from my father to not care about his absence\... It's hard to listen to my mom. I think it's a respect thing (discussing his assault against his mother)\....Most of my friends are from school... they are temporary and can be replaced. I don't feel loyalty to anyone\... Very early in life I decided that everyone was an idiot\... At around 13 I isolated myself from everyone." MANIFESTATIONS OF ATTACHMENT Owen made it clear he was not interested in doing things for other people: \- "I don't like to have lots of friends because it is too hard to please everyone... I'm only friends with people who don't expect me to do things\... My girlfriend never really expects me to take her anywhere, and I don't really want to take her anywhere\... I had the decency to go on a break with my girlfriend before hooking up with another girl... I just told her I wanted to go on a break, she was upset, but at the same time I was going to jail... it was a bit selfish \[laughing\]." MANIFESTATIONS OF ATTACHMENT More on Owen \- Owen indicated that he did things to help his sister because of their "family bond" \- When asked to provide examples, he laughed and said, "I've probably tried to beat her up more than anyone". BEHAVIOURAL DOMAIN - - BEHAVIOURAL DOMAIN, SYMPTOMS, AND DESCRIPTORS MANIFESTATIONS OF BEHAVIOUR By his own admission, Albert says he is not motivated and tends to slack off: \- "In my own time I like to do stupid shit, go around and steal things. Instead of going to school I would just stay home or wander the streets\...I once wrote a complaint form \[in custody\] but was too lazy to hand it in\... I clean in here only because it is mandatory **ON QUIZ: what proportion of youth are charged as adults (0% youth charged as adult)** **BUT can be sentenced as adults** MANIFESTATIONS OF BEHAVIOUR Justin and Lacking Goals \- Justin wanted to be either a doctor or the "editor of a biological sciences journal" \- Sounds like he has a goal, a very good, prosocial one? \- But how was Justin going to accomplish this?\` MANIFESTATIONS OF BEHAVIOUR When Albert's father could not find a babysitter, he brought Albert to work. Albert vandalized the entire work place, including defecating in an office. By his own admission, Albert was not dependable, as he stated "I would be willing to screw over friends. Everyone has their price." COGNITIVE DOMAIN Focuses on mental actions and processes. Concerned with how the individual focuses and allocates attention, encodes and processes information, organizes thoughts, and makes attributions. Issue of mental flexibility and adaptability COGNITIVE DOMAIN, SYMPTOMS, AND DESCRIPTORS  MANIFESTATIONS OF COGNITIVE DEFICIT The following is an example of Justin's intolerance: \- "Teachers are condescending so I don't like them, the education system sucks. Kids at school are arrogant and immature. These people seem to go out of their way to avoid truths and avoid bettering themselves through intelligence. I don't like people who are overly immature and judgmental... I don't respect people who are stupid, low, functioning or ignorant. Humankind is a giant parasite. I have no respect for people who do not pursue post- secondary education\... MANIFESTATIONS OF COGNITIVE DEFICIT The following is an example of Justin's intolerance: \- I don't respect my mom because of her lack of motivation and effort, and she is too emotional during arguments\... Females are bat shit crazy, cheating sluts \[they\] are there for sex and to clean up after me\... Very early in life I decided that everyone was an idiot" MANIFESTATIONS OF COGNITIVE DEFICIT Justin's inflexibility was not associated with negative remarks about others, but of unwillingness to compromise or change: \- "There is a problem with the school system, which is why I dropped out. The work is made for kids who don't know anything so I'm not going to do it\... I don't see the point of making a deal if I am not going to benefit\... I'm very particular about grammar, I have arguments with friends over sentence structure, I often get kicked out of chat rooms for commenting on people's grammar." MANIFESTATIONS OF COGNITIVE DEFICIT David and planning: \- Assaulted a cab driver after getting into the taxing without any money \- Bragged about not thinking of consequences \- Superficial plans to go to treatment DOMINANCE DOMAIN The degree of power or control that the individual attempts to assert in interpersonal exchanges Interpersonal behaviours are the methods by which he or she engages others to meet his or her own needs. Will engage in frequent dominant exchanges; submissive or compliant behaviour will be rare MANIFESTATIONS OF DOMINANCE In describing conflicts with others, Owen mentioned: \- "When my mom criticizes me I call her fat. I'm not going to cry about it\... Most people think I am an asshole. I like to bully in a roundabout way. I like to push people's buttons to try and get them to react, to get them angry." MANIFESTATIONS OF DOMINANCE The most manipulative youth are proud of their ability to manipulate. MANIFESTATIONS OF DECEIT The most deceitful youth will lie even when caught: \- Albert lied about his involvement in a sex offense \- Claimed he committed a homicide offense \- When challenged, he denied \- When challenged again, he claimed that it was a clerical error in his file EMOTIONAL DOMAIN Emotions are psychological feelings in reaction to persons or situations that are usually accompanied by a physiological reaction Interview focuses on the tone, depth, and appropriateness of affective responses Key is difficulty with mood regulation EMOTION DOMAIN, SYMPTOMS, AND DESCRIPTORS  WEEK 8 LECTURE SLIDES Youth justice ----------------------------------- Youth Justice Legislation LECTURE OVERVIEW The Juvenile Delinquent Act The Young Offenders Act The Youth Criminal Justice Act Models of Youth Justice Motivation for the Juvenile Delinquents Act( 1908 - 1984) - - - - Philosophy of the JDA - - - - - JDA Principles - - - - 'Dispositions' Under the JDA 1\. Adjourn hearings (i.e., 'do nothing') 2\. Impose a fine for as much as \$10.00 3\. Place the child in a foster home or in the care of a Children's Aid Society 4\. Probation 5\. 'Sentence' a youth to an industrial school or reformatory ( 'Sentences' could be indeterminate) 6\. Minimum age for adult court transfer: 14 (at judge's discretion) Probation and the JDA - - - - Key Criticisms of the JDA - CONCERN ABOUT PREJUDICIAL DECISION - MAKING REGARDING PARTICULAR GROUPS Criticisms of the JDA - - - - - - The Road to the Young Offenders Act 1960 Canadian Bill of Rights \- Indeterminate sentences = unjust \- Definition of delinquency too broad (e.g., status offences 1982 Canadian Charter of Rights and Freedoms \- S. 12: Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. Emphasis of YOA - - - - - - Key Goals of YOA - - - - Key Differences from the JDA - - - - - Growing Opposition to the YOA - - - - - 1986 Amendments to YOA "Procedural" Amendments 1\. Uniform Maximum Age 2\. Pre - Trial detention of youth with adults 3\. Predisposition Reports 4\. Custody specifications 5\. Transfer of youths to adult court 6\. Failure to Comply as new offence 7\. 3 year maximum rule of recidivists serving a sentence 1991 Amendments to YOA "Get Tougher on Crime" Amendments 1\. Maximum sentences for 1 st or 2 nd degree murder raised to 5 years less a day 2\. Parole for youth transferred to adult court 3\. Protection of public paramount in transfer hearings 1995 Amendments to YOA "Get Tougher-er on Crime" Amendments 1\. 10 years for 1 st degree murder and 7 years for 2 nd degree murder 2\. 16 and 17 year old charged with a serious personal injury offence are automatically tried in adult court (reverse onus) 3\. Victim Impact Statements introduced Key Criticisms (Even After Amendments) - - - - - The YCJA (2003 - current) Rationale: \- Need a greater emphasis on crime prevention \- Need to introduce meaningful consequences for youth \- Rehabilitation and reintegration are critical (reduce recidivism) \- Focusing on these aims, the long - term protection of the public will be served Principles Purpose of the Youth Criminal Justice System is to: - - - The intended purpose will: - Adult Sentencing: YOA vs. YCJA YOA \- Relatively few transfers \- Most transfers were for non - violent offences \- Provincial variation \- Transfer process was long and complex YCJA \- No Transfers \- Consideration of an adult sentence takes place after conviction Reducing Reliance on the Formal CJS Conferencing \- Multi - Disciplinary Conferences \- Restorative Justice Conferences Minor and first time offenders \- Extrajudicial measures and sanctions \- Keep youth from being labeled Diversionary Measures in the YCJA Police Diversion \- Extrajudicial measures (EM) \- Include warnings and referrals \- Must be considered; presumed adequate Prosecutorial Diversion \- Extrajudicial sanctions (EJS) \- Include restitution, community service \- May be visible on youth record Indigenous Youth Justice Policy under the YCJA Declaration of Principle: \- "Measures imposed on young offenders should respect gender, ethnic, cultural and linguistic differences and respond to the needs of Aboriginal young persons and of young persons with special requirements" Section 38(2)(d): \- "all available sanctions other than custody that are reasonable in the circumstances should be considered for all young persons, with particular attention to the circumstances of Aboriginal young persons. " Gladue Reports \- Cultural specific pre - sentences reports The Four Gateways to Custodial Sentences There are four conditions stated in the YCJA which allow for the use of custody. - - - - YCJA Concerns - - The Nunn Commission - - - - YCJA Revisions Bill C - 10 - - - Bill C - 10 - Models of Youth Justice Approaches to Juvenile Justice in Western Industrial Societies  Youth Justice Acts and Models JDA: Welfare Model YOA: Modified Justice Model YCJA: Modified Justice Model Theoretical Perspective and Associated Models Positivist → Welfare Model \- Concerned with the rehabilitation of offenders Neoclassical → Justice Model \- Focus on due process, punishment should equal the crime Protection of Public (Deterrence) → Crime Control Model \- Incarceration of offenders with a focus on protecting society Key Principles: Welfare Model - - - - Welfare Model Cont'd\... - - - Key Principles: Corporatist Model - - - - Corporatist Model Cont'd\... - - - Key Principles: Modified Justice Model - - - Modified Justice Model Cont'd\... - - - Key Principles: Justice Model - - - Justice Model Cont'd\... - - - The YCJA and the MJM - - - Crime Control Model Key Principles: Crime Control Model - - - Crime Control Model Cont'd\... - - - (WEEK 8) CHAPTER 2 TEXTBOOK --------------------------- History: - - - - - **Juvenile Delinquents Act (JDA):** - - - - - - - - Opposition to the JDA: - - - The Young Offenders Act (YOA): - - Opposition of the YOA: - - - - - The Youth Criminal Justice Act (YCJA): - - - Opposition to the YCJA: - Bill C-10: - 1. 2. 3. 4. 5. 6. Summary: - - - - - - - - - - Definitions: - - - - - - - - - - - - - - - - WEEK 9 LECTURE SLIDES: Police ----------------------------- Policing: Responses to Youth in Conflict with the Law Policing in Vancouver - - - - Policing in Vancouver - - - Initial Contact \- Crime more likely to be detected in areas with a greater police presence Police Discretion - Minor Offences: \- Issue warning and release \- Take home and talk to parents \- Take to station before releasing \- Write up youth before release Initial Contact Police Discretion - Serious Offences: \- Refer to program \- Arrest and hold youth \- Charge\* with offence \- Hold in custody Extralegal Factors Affecting Police Discretion \- Race: Minority youth are more likely to be arrested and have a record. \- Demeanour and Race: A suspect's behaviour, attitude, and appearance determine the outcome. Police may perceive that Black and Indigenous youth are "difficult," leading to a self - fulfilling prophecy. \- Poor suspects have higher arrest rates than youth from middle - class neighbourhoods. Much of this is based on police perceptions of different neighbourhoods in a city. Extralegal Factors Affecting Police Discretion \- Gender differences in charging depend on age and the nature of the offence. \- Older boys are more likely to be charged and go to court than older girls, but younger girls are more likely to be charged and go to court than younger boys. \- When parents are more concerned about their kids, only a warning is given. \- When communities have youth centres, safe houses, and other programs, police have more choices for diversion. Police and Ethnicity \- Minority youth are more likely to be arrested -- African American youth may have higher arrest rates because complainants are less likely to ask for leniency in their cases \- Indigenous Persons almost eight times more likely to be incarcerated -- Policing practices involve extra attention to reserves and high crime urban areas where Indigenous youth are more likely to reside Legal Factors Affecting Police Discretion \- Seriousness of the offence \- Prior police contact ("known to police") \- Prior convictions (a criminal record) \- Previously breached a probation order \- Rules of the Criminal Code Police Dispositions Extrajudicial measures (ON QUIZ, and extrajudicial sanctions) -- Must be considered -- Presumed to be adequate\... IF they have not committed a violent offence and have no previous charge -- Purpose is to divert from the formal court system -- Include warnings/cautions and referrals to community agencies Laying of a charge -- Crown may decide to use extrajudicial measure or sanction Administration, Control, and Inequalities of Access \- Not every community, and therefore every person in conflict with the law, has access to diversion programs. \- There are also differences in terms of who is most likely to be diverted and how. \- Indigenous youth are particularly disadvantaged by the lack of programs available for diversion. \- youth from wealthy families more likely for diversion than poor Problems with Mediation, Reconciliation, and Conferencing \- Businesses will not participate due to employee costs and other factors \- Some individuals have been sued in civil courts for these costs accrued by businesses \- Shaming the person \- More punitive than going to court \- Inequality of access to programs Arrest and Charter Rights Most relevant Charter sections for arrest of youth: \- S.7 - right to life, liberty, and security of the person. \- S.8 - freedom from unreasonable search and seizure. \- S.9 - Freedom from arbitrary detainment or imprisonment \- S.10 - Right to legal counsel, habeas corpus Authority to arrest same for youth and adults \- Additional duties to ensure protection of rights Additional Arrest Provisions When a young person is arrested, the police must (s.26 YCJA): -- Notify a parent -- State the reason for the arrest (language) -- State the place of detention of the youth -- Inform them of their Charter rights (language) Search Case law under the YOA has established special circumstances -- School officials are not subject to same restraints as police when in furtherance of school rules and discipline -- E.G., police cannot search locker, but if a school official needs to access youth's locker for furtherance of school rules, then this can be done Search of the room of a youth -- Case law is contradictory -- Some cases ruled that consent of a parent is sufficient, others have not Concerns Re: Police Questioning \- Statement to Person of Authority \- Voluntariness an issue \- Suggestibility increases likelihood of false confessions Police Questioning Concerns Cont'd \- Cautions to the young person \- \...must be given in "language clearly appropriate to his and her age and understanding" \- Youth are more likely to confess than adults \- Admissibility of statements by youth are one of the issues most likely to be litigated in court \- A young person may waive their right to counsel Mr. Big (ON QUIZ) \- The Mr. Big technique differs from traditional undercover tactics in that a crime event is 'created' \- unethical, coercion, deceit \- While the technique is capable of exposing the guilty, it can induce innocent suspects to falsely confess for a range of reasons \- Certain characteristics of adolescents make them vulnerable to false confessions: Mr. Big Case Study \- Wyatt DeBruin \- Convicted of the murder of Laura Szendrei \- Responsible for three other attacks against women \- Instead of "gang plot", police rigged a COD video game competition (WEEK 9) CHAPTER 8 TEXTBOOK: Police ----------------------------------- **Diversion:** A practice based on a philosophy that justice, rehabilitation, and reintegration are better served by keeping most people out of the formal justice system. **Police contact and decision making** - - **Surveillance:** Mechanisms and processes by which the state keeps track of people and monitors their behaviour. Extralegal factors: Factors affecting criminal or youth justice processing that are outside the jurisdiction of law **racial profiling:** Exists when racial differences in law enforcement surveillance activities cannot be totally explained by racial differences in criminal activity or other legally relevant factors. - Explaining DIsproportionate Minority Contact with Police **differential involvement:** Refers to disproportionate minority police contact because of frequent criminal activity, involvement in serious crime, or persistent criminal offending. **differential treatment:** Refers to disproportionate minority police contact because of systemic inequalities in the justice system or discriminatory practices by justice personnel, including the police. - **High-risk youth:** Youth with characteristics and/or living circumstances that are known to be criminogenic Rank order of factors officers reported as being important in decision-making were (1) seriousness of the offence, (2) amount of harm done, (3) whether a weapon was involved, (4) history of prior contacts with the police, (5) the youth's demeanour, (6) the victim's preference, and (7) parental involvement Diversionary Measures **Stigmatization:** The detrimental consequences for an individual of having a negative label or definition attached to his or her behaviour. **alternative measures:** A variety of programs under the YOA, such as mediation, designed to prevent future crime and divert youth from the courts. **principle of least possible interference:** The principle that whatever action is taken should have the least impact on a youth's freedom. **extrajudicial measures:** Under the YCJA, refers to processing accused young offenders by means other than through the youth or adult justice system. **extrajudicial sanctions (programs):** Used under the YCJA when cases proceed to court\ and the provisions provide for specific sanctions and rules regarding the use of more formal diversionary programs. - Diversionary Programs **Reconciliation:** An important component of the mediation/healing process, based on the belief that a productive response to crime is to encourage all affected parties to participate in conflict resolution. **Mediation:** A form of conflict resolution that involves a third party, usually a person with professional skills, to assist two parties with a grievance or unresolved matter to reach a mutually agreeable solution. **Restitution:** Payment in money or kind to compensate victims for their loss. Youth Justice Committee - - Diversionary Measures Issues - - - WEEK 10 LECTURE SLIDES: Courts and corrections ---------------------------------------------- Youth Court Compelling Attendance in Court - - - - - - - - Pre - Trial Detention Goal of YCJA to reduce youth incarceration at pre - trial stage Detention justified if police need to: \- Establish identity; \- Secure evidence; \- Prevent commission of an offence \- Ensure attendance at court \- Safety of victim Do not have authority to release for the most serious offences The Three Grounds for Remand - - - Reasons to Deny Youth: Primary Ground - - - Reasons to Deny Youth: Secondary Ground - - - Reasons to Deny Youth: Tertiary Ground \- Instances where the primary ground and secondary ground cannot be met by Crown \- However, releasing youth would result in public losing faith in the justice system \- Reserved for particularly serious offenders Role of Crown Counsel \- Pre - Charge Role \- Charge Screening \- Crown Caution \- Extrajudicial Sanctions Youth Court Judge - - - - - - Presumptive Offences \- Introduction of YCJA (2003): included a presumption that youth 14 or older found guilty of certain serious violent offences would receive an adult sentence \- Included homicide related offenses and aggravated sexual assault \- Reverse onus clause Court Cases Influence on the YCJA R. v. D.B. \- A fight ensued at a mall in Ontario. D.B. knocked victim to the ground and punched him. Victim died of his injuries \- Presumptive offenses violate section 7 of the Charter (Life, liberty, and security of the person) \- Youth should be entitled to a presumption of diminished moral culpability "Adolescents also lack the intellectual capacity to appreciate fully the consequences of their acts. There is evidence suggesting that as a result of this reduced judgement and maturity, young persons respond differently to punishment than adults, and that harsher penalties do not, by themselves, reduce youth crime " R. v. Gladue (applies to all indigenous, not just those on reserves) \- Nineteen year old woman stabbed her husband to death after he was disloyal and had sex with her sister \- Mrs. Gladue received a three year sentence and was released on parole after six months \- SCC ruled that the trial judge made an error in believing that s. 718.2( e ) applied only to Indigenous Peoples living on a reserve R. v. B.W.P \- Killed a man during a flight \- Swung a stocking - covered pool ball and hit the victim 2 - 3 times \- Court ruled that general deterrence could not be used as a sentencing principle under the YCJA \- "One youthful offender should not be obliged to accept the responsibility for all the young offenders of his or her generation" R. v. C.D \- Youth was in possession of a weapon \- Court ruled that violent offense defined by physical harm \- Provided a narrow definition of the meaning of violent offense \- Implication: reduced the types of the offenses that could be used to justify a custody - based sentence \- Custody sentence for C.D. was quashed by the SCC R. v. C.D.K \- Heard by the SCC at the same time as R. v. C.D \- Court ruled that dangerous driving could not be considered a violent offense because it did not involve actual bodily harm or the intent to cause harm \- Custody sentence quashed Youth Corrections Sentencing Decisions Non - Custodial Dispositions \- Reprimand \- Discharge \- Fine \- Compensation \- Restitution Non - Custodial Dispositions Cont'd \- Community Service \- Probation \- Attendance Order \- Intensive Support and Supervision (ISSP) The Four Gateways to Custodial Sentences (ON quiz) There are four conditions stated in the YCJA which allow for the use of custody. - - - - - Custodial Sentences - - - - - - Custodial Sentences Cont'd - - - - - Using IRCS - -- If the young person has been found guilty of murder, attempted murder, manslaughter, aggravated sexual assault, or has committed at least two serious violent offences in the past -- The young person is suffering from a mental or psychological disorder or an emotional disturbance -- There are reasonable grounds to believe that the treatment plan might reduce the risk of the young person repeating the offence or committing other presumptive offences -- An appropriate program is available and the young person is suitable for admission Programming Effective interventions for youth in conflict with the law Why is there Special Treatment for Juvenile Offenders? - - - - - - Effectiveness of Broad Types of Interventions (Mark Lipsey (2009) Meta - analysis ) 1\. Surveillance ( - 6%) 2\. Deterrence (+ 2%) 3\. Discipline (+ 8%) 4\. Restorative ( - 10%) 5\. Counselling ( - 13%) 6\. Skill building ( - 12%) Surveillance Idea that closer monitoring of the juvenile will inhibit reoffending. The main program of this sort is intensive probation or parole, oriented toward increasing the level of contact and supervision. Such programs also sometimes include additional services but the surveillance component refers only to the monitoring. Not very effective Deterrence Interventions in this category attempt to deter the youth from reoffending by dramatizing the negative consequences of that behaviour The prototypical program of this sort is prison visiting -- "scared straight" type programs in which juvenile offenders are exposed to prisoners who graphically describe the horrible nature of prison conditions Ineffective and indeed harmful Discipline Idea that juveniles must learn discipline to succeed in life and avoid reoffending In order to do so, they need to experience a structured regime that imposes such discipline on them. The main programs of this sort are paramilitary regimes in boot camps. Not very effective Systematic review by MacKenzie (2005): boot camps generally do not work but boot camps combined with other treatment (e.g. cognitive-behavioural treatment) are effective Restorative Programs Aim to repair the harm done by the juvenile's delinquent behaviour by requiring some compensation to victims or reparations via community service. They may also involve some form of direct reconciliation between victims and offenders. Two different intervention types: Restitution: Offenders provide financial compensation to the victims or perform community service (- 9%). Mediation: Offenders apologize to their victims in spoken or written form and may meet with them under supervision. Typically also include a restitution component (-12%). Quite effective Counselling Individual counselling (- 5%) Mentoring (- 21%) Family counselling (- 13%) Short term family crisis counselling (- 12%) Group counselling led by a therapist (- 22%) Peer programs in which the peer group plays much of the therapeutic role; for example, guided group interaction programs (- 4%) Mixed counselling -- combinations of any of the above but especially individual, group, family (- 16%) Mixed counselling with supplementary referrals for other services, a common form for diversion programs (- 8%) Skill Building Programs The main forms are the following: Behavioural programs -- behaviour management, contingency contracting, token economies (- 22%) Cognitive-behavioural therapy (- 26%) Social skills training (- 13%) Challenge programmes -- interventions that provide opportunities for experiential learning by mastering difficult or stressful tasks (- 12%) Academic training -- for example, tutoring (- 10%) Job related interventions -- vocational counselling and training, job placement (- 6%) Leena Augimeri (SNAP) **Target** Target boys aged 6 - 11 referred by police **Aim** Based on skills training, cognitive problem solving, self - control, anger management: aim to control impulsiveness **SNAP** SNAP: Stop now and plan. Snap fingers **Stop** Stop: calm down, take deep breaths, count to 10 **Use** Now and: use coping statements, think what to say to remain calm: this is hard but I can do it! **Plan** Plan: effective solutions to interpersonal problems **Teach**: Teach children to identify triggers: what makes them angry or upset SNAP Evaluation Cost-benefit analysis of Augimeri's SNAP program Program costs C\$4,641 per boy on average (2012 \$) Effect size d between.2 and.4 Corresponds to 18% to 33% decrease in offending Saves 1.25 to 2.29 convictions per boy (age 12-20) Saves \$14,270 to \$26,162 per boy (discounted) Taking account of co-offending: Benefit: cost ratio 2.05 to 3.75 for convictions But convictions are the tip of the iceberg Scaling up to self-reports: benefit: cost ratio 17 to 32 Programs Targeting Gangs \- Gang Resistance Education and Training (GREAT) program: 13-week school program on the dangers of gang involvement, including CBT, social skills, refusal skills, conflict resolution. \- Aggression Replacement Training (ART): 10 - week program including anger control and moral reasoning. \- Cure Violence: "Violence interrupters" work on the streets to prevent conflicts becoming violent, change community norms, work with high - risk individuals. (WEEK 10) CHAPTER 9 TEXTBOOK: Courts and corrections ---------------------------------------------------- **Most common youth offences** - - - **interim release:** Provisions that allow an arrested person to be released into the community, under specific conditions, while waiting for a court appearance; commonly referred to as bail. **pretrial detention**: The court-ordered holding of an accused person in a prison or detention facility prior to a court appearance or trial, or while awaiting sentence; sometimes also referred to as remand. **presumptive offence:** Under the YCJA (2003), a serious violent offence, or any other violent offence for which an adult would be liable to a prison sentence of more than two years. **Role of lawyer** - **legal advocate:** The role of a lawyer in making decisions and acting in the best interests of his or her client, to ensure that the client has every possible legal advantage. **guardian :** A person who has been given legal authority over and responsibility for another person. - **Court sentencing** **sentencing conference:** A meeting of a group\ of professionals to make recommendations to the court about appropriate sentences for individual cases. **Sentencing Principles** **Retribution:** Punishment for an offence committed. proportionality principle: Maintains that a sentence should be proportional to the offence that a person is guilty of committing. **Deterrence**: The theory that certain and speedy punishment will discourage or prevent future criminal behaviour, both in a general and in a specific manner. **Incapacitation:** Basically means to deprive a person, so to put someone in prison is to incapacitate her or him in an absolute and fundamental manner. **restoration, reconciliation, reintegration:** In the context of a restorative justice framework, these related concepts refer to restoring balance by repairing harms. **Non-custodial sanctions** **Absolute discharge**: leave court, no penalty **Conditional discharge:** similar to probation, more lenient **Fine** **Community service order** **Probation** **Treatment order** **Non-residential attendance order/program** **Custody** - **Race, class, gender** - - - - - **gendered expectations:** What is expected of a person because of his or her biological sex characteristics. **median sentence length:** A statistical term meaning that sentences in half the cases are above the median sentence length and half are below. - WEEK 11 LECTURE SLIDES: YOUTH GANG INVOLVEMENT ---------------------------------------------- DEFINING GANGS Criminal Code Definition \- A criminal organization: \- (a) is composed of three or more persons; and, \- (b) the facilitation or commission of serious offences for profit is a main activity Police Service Definition \- A gang engages in: \- (a) group intimidation and violence; and, \- (b) criminal acts to gain power and/or to control certain areas of unlawful activity Police Research Definition \- Official data (e.g., police labels) \- Self - report data (e.g., self - nomination) PREVALENCE OF GANGS \- 434 youth gangs; 7,000 members \- Ontario has the most gangs and the most members \- Saskatchewan has the highest ratio of members (1,300) to gangs (28) \- BC has several high - profile gangs that seep into other provinces, especially the Prairie provinces \- Indigenous gangs make up about 20 percent of Canada\'s gang population Canadian Police Survey on Youth Gangs \- Most gangs do not last very long \- Survey was based on what police were aware of, not necessarily what truly existed Difficulty with Measurement SCOPE OF THE PROBLEM - COMPARISON TO CHICAGO - GANG HOMICIDE: DOMINO EFFECTS - ORGANIZATIONAL STRUCTURE Gang name Leader/Hierarchy Meetings/Rules/Initiations Symbols/Tattoos/Colors Territory TYPES OF GANGS Historically distinguished according to: Ethnicity Age Purpose MOTIVATIONS FOR GANGS Protection Family ties Friendship Fast \$ Excitement Exposure to delinquent peers WHAT TO LOOK FOR? Score sheets Scales Multiple phones Tattoos/clothing Change in peer group GANG MOTIVES FOR VIOLENCE Collaborative \- Two+ individuals align to unite against a third party \- Creates solidarity \- Short - term conflicts between individuals Collaborative Genderalized \- Conflict is extended to individuals who are connected to the disputants \- Not directly involved in the conflict themselves \- Violence against a single individual considered to be violence against the gang \- Can result in longer - term conflicts Generalized GANG BOUNDARIES - - - PERMEABILITY OF GANG BOUNDARIES - LOOSE ALLEGIANCES - - THE VANCOUVER CONTEXT - - - - - Punjabi Soldiers UN Gang Red Scorpions Dhak / Duhre Group Wolfpack Brothers Keepers - GANG LONGEVITY Gang members, especially those at the top, have a stake in the gang's longevity Early ethnographic research suggested gangs last for decades Although most criminal groups end quite quickly, certain factors can improve their longevity THE SECRET TO LONGEVITY? Recruitment Initiation Criminal behavior Alliances Cohesion Diversity IMPACT OF INITIATION - - - - CRIMINAL BEHAVIOR - - - GANG ALLIANCES - - - THE INCARCERATED SERIOUS AND VIOLENT YOUNG OFFENDER STUDY (ISVYOS) OFFICIAL OFFENDING PATTERNS OF GANG MEMBERS - SELF - REPORT OFFENDING PATTERNS OF GANG MEMBERS - DEMOGRAPHIC CHARACTERISTICS OF GANG MEMBERS - SUBSTANCE USE OF GANG MEMBERS - FAMILY CHARACTERISTICS OF GANG MEMBERS - SCHOOL CHARACTERISTICS OF GANG MEMBERS - CHARACTERISTICS OF GANG MEMBERS: Why do They Join their Gang (and Leave)? JOINING THE GANG - - TYPES OF INITIATIONS Crime Commission Beaten In Going on a Mission Tagged In Blessed In IMPACT OF INITIATION - - - - INITIATIONS - - - - INITIATION EXPERIENCES Crime commission \- Earn trust, prove loyalty, 'defend the block', meet financial targets Beating \- Varied from 20s to 15min (M = 3min) \- Varied from 1 to 14 people involved (M = 5) \- Most told they weren't allowed to fight back Violence to others \- Had to rob a specific crack shack and "had to stab some guys, you just go in there and you get what you can" CASE STUDY OF A GANG INITIATION 1\. Robbery of a high - end jewellery store 2\. Used bear mace against store employee 3\. Stole thousands of dollars worth of jewellery 4\. Found by police on the street very close to the store entrance 5\. Why didn't they run? - LEAVING THE GANG Offenders Motivation for leaving (open - ended question): \- Death of family member \- Too stressful/too much conflict/too much heat \- More money/being independent \- Maturity WHO DOESN'T LEAVE? Indigenous youth Blood In -- Blood Out (those that experienced violent initiation leas likely to leave) Those from gangs that use violence when members break rules SOCIAL NETWORK ANALYSIS - - - CODING ONE GANG MEMBER' (EGO) NETWORK AND HIS CO - OFFENDERS (ALTERS) - CENTRALITY Degree centrality \- The number of different connections an individual has to different actors in a network Betweenness centrality \- The number of instances in which an individual can act as a 'bridge' between otherwise unconnected actors GANG MEMBERS AND CO - OFFENDERS Co - offender suitability is dependent on the co - offender's capacities and skills To understand suitability, actual accomplices should be compared to potential accomplices Actual accomplices may have specific qualities that made them suitable for the offense THE SUITABLE CO - OFFENDER Individuals with similar traits are more likely to co - offend together Gang member status helps to establish trust between offenders Network centrality may be an indicator of prestige How are co - offenders selected for a homicide offense? - - - (WEEK 11) CHAPTER 7 TEXTBOOK: YOUTH GANG INVOLVEMENT/FAMILY, PEERS, SCHOOL -------------------------------------------------------------------------- **Family** **microscopic perspective:** In sociology and criminology, refers to theoretical approaches that focus on individuals and behaviour in small social settings rather than in the context of larger social structures. **family structure:** How families are structured in terms of living arrangements (e.g., a traditional nuclear family or a single-parent family). **broken homes hypothesis:** The commonly held proposition that children from divorced and single- parent families are more likely to be delinquent. - **Parenting** - - - - - Consequence of bad family relationships - - School - - - **Tracking:** School policies that group and stream students into different programs based on their performance on standardized tests. - - **politics of youth crime:** The mechanisms and methods whereby youth activities are socially constructed as criminal;\ the meanings and imagery attached to these definitions and the types of responses they generate - **Relational aggression:** An indirect form of aggression that is interpersonally oriented and focused on controlling relationships, in contrast to direct forms of aggression, which involve physical force - Responding to school violence **Zero-tolerance policies:** Policies related to the intolerance of behaviour that is considered undesirable. (putting police in schools) Peers: Friends and Gangs \- delinquent friends most important predictor of delinquency \- youth crime a function of companions (gangs) **differentially exposed:** Refers to the idea that there is a gender gap in youth crime rates because girls and boys have different exposure to criminogenic conditions. **differentially affected:** Refers to the idea that there is a gender gap in youth crime rates because boys and girls are affected differently by criminogenic conditions Gang Membership - - - **Crime prevention:** Operates on three levels: primary prevention, which focuses on an entire population; secondary prevention, which focuses specifically on whose within a population who are seen to have a problem; and tertiary prevention, which focuses on individuals or populations who already have serious or chronic problems **Criminogenic needs:** Factors correlated with delinquency, such as family, school, and peer factors. **Resiliency:** Refers to the relationships among protective factors, risk factors, and any particular outcome, such as delinquency or gang membership.