Crime And Crminal Justice Midterm 1 PDF

Soc 1500 Aidan Ross Lecture 2.1 Criminology -​ Scientific Study of Crime and Criminal Behaviour Explains causes, explanations, public perception of crime, ;aw and offenders Criminal Justice -​ Study of social control and agencies involved with those suspected...

Soc 1500 Aidan Ross Lecture 2.1 Criminology -​ Scientific Study of Crime and Criminal Behaviour Explains causes, explanations, public perception of crime, ;aw and offenders Criminal Justice -​ Study of social control and agencies involved with those suspected or charged with criminal offences -​ Formation of laws -​ Application of Laws -​ Decision making -​ System and Impact Criminal Justice System -​ Operates differently in different societies -​ Canadian government all levels are responsible for the operation of the system Their Goals -​ Crime Control -​ CJS is a reflection of the social,political and economic history of canada -​ Communities also play an important role in social control and social order -​ Perspectives Purposes and functions Crime Control -​ Depends on history of country -​ Depends on crime policy -​ Actors in system work based on policy Crime prevention -​ General Deterrence -​ Specific Deterrence -​ Programs and actions to deal with causes of crime Maintaining Justice -​ Retributive Soc 1500 Aidan Ross -​ Rehabilitative -​ Liberal Justice -​ Importance of due process Government Responsibility Federal -​ Creates criminal Law -​ RCMP -​ Correctional facilities for sentences over two years -​ Federal prosecutors Federal Ministries Federal Ministries -​ Ministry of Justice -​ Ministry of Public Safety -​ Ministry of Organized Crime Reduction and Border Services Provincial -Provincial quasi-criminal legislation and regulatory law - provincial courts for summary conviction offenses - Provincial police in Quebec and Ontario -Provincial Corrections and remand centuries - Ministries of justice and other NGOs Municipal -​ Policing and By Laws Little Fact: Costs have risen while rates have dropped Government Accountability: -​ Internal and external oversight bodies -​ Bar associations,special investigation units, correctional ombudsman Flow Of Cases Step 1: Policing -​ First point of Contact -​ Detained or released on notice to appear Step 2: Courts: -​ Summary conviction offences seen in provincial court -​ Indictable offences seen in superior court -​ All court processes governed by evidentiary and procedural law Soc 1500 Aidan Ross Sentencing and Corrections -​ Custodial Two Year Rule Non Custodial -​ Probation community service Additional Sentencing Provisions -​ Dna Databank, sex offender registry, surcharge Academic Study of Criminal Justice -​ How and why we make laws -​ Why some people those laws -​ How society does an should respond to law breaking Interdisciplinary Basis of Criminal Justice -​ University and College level -​ Career prep -​ Train Pros -​ Multidisciplinary Nature Politics, geography, sociology,law,psychology, etc Lecture 2.2 What Is a Crime? An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law. Social Norms -​ Expectations of conduct that regulates human behaviour and social relations -​ Social properties, shared group evaluations, or guidelines based on habit or traditional customs Norms Vary According to -​ How widely people accept them -​ How society enforces them Soc 1500 Aidan Ross -​ How it transmits them -​ How much conformity they require Prescriptive/ Prescriptive Violations of norms often draw attention or sanctions from others Norm Promotion -​ An ability to successfully promote particular norms to exclusion of other compelling norms -​ Social judgement of disvaluement represent a core component of the concept of deviance Social Power -​ The ability to make choices by virtue of control over political economic, or social resources -​ Powerful people often define standards for deviance -​ White collar Crimes: Financially motivated nonviolent or non directly violent crimes committed by individuals, businesses and government professionals Legal Representation of Crime -​ Legality -​ Mens Rea -​ Actus Rea -​ Concurrence -​ Harm -​ Causcation -​ Punishment Empirical Representations of Crime -​ Quantitative and qualitative data Presenting Crime Data -​ Crime Rates -​ Severity -​ Prevalence -​ Incidence -​ Data Collection Statscan UCR What Is Law? Soc 1500 Aidan Ross It's A rule of conduct that prescribes or mandates behaviours and has numerous function -​ Regulates flow of human interaction -​ Deines moral bOUNDARIES -​ Reflects and maintains dominant value -​ Tools to maintains dominant values -​ Tool to control people who might be harmful Natural Rights -​ All humans born with inalienable rights like Freedom Social Contract -​ Give up some rights to get protection from state Constitutions -​ Written Rules of rights and duties Liberal Law Concepts Democracy -​ Citizen access to power Rule of Law Stare Decisis -​ Ensures law is uniform and based on president Critiques of Liberal La Conservative Critique -​ Equality is problematic Radical Critique -​ Freedom is an illusion Indigenous Critique -​ Liberalism prioritizes one way of Knowing What is Justice -​ A complex topic -​ Balance and Harmony -​ Morally correct state of things -​ Right and Wrong Soc 1500 Aidan Ross Distributive Justice -​ What goods ? -​ Distributed among whom ? -​ Proper Distribution ? -​ Fundamental Liberal Justice - Distribute based on merit -​ Social Justice - Distribute based on need Corrective Justice -​ Why do we punish? -​ Who should be punished? -​ What punishment should they receive? -​ Utilitarian Corrective Justice - Punishment should be useful - Retributive Corrective Justice - Punishment should be based on principle Theories Classical Perspective -​ Constitution -​ Rule of Law -​ Idea of Equality -​ Liberal Justice -​ Due process Functionalist Perspective -​ How societies can progress -​ Collective Consciousness -​ Strain/anomie as causing behaviour -​ Crime Prevention through the Science of reform Critical Perspective -​ No consensus but conflict -​ Economic inequality and social classes -​ Repressive state apparatuses -​ In action, the law criminalises the actions of the poor more often than the rich Soc 1500 Aidan Ross -​ Sometimes called the radical conflict perspective Interpretive Perspective - Labelling - Verstehen - Social COnstruction of Criminality - Moral Panics How crime is culturally produced -​ SOmetimes called the culturally carceral society perspective Lecture 3.2 What is Deviance? The fact or state of departing form usual or accepted standards, especially in social or sexual behaviours Historical Views of Deviance -​ Demonic -​ Psychotic -​ Exotic Sociological Approach -​ Deviance as inherently social -​ Symbolic Interactionism -​ People act based on the meaning thing have for them -​ Meanings arise in social interaction -​ Deviance is not in the act but in the definition of the act Deviance varies -​ Person,culture,time,situation,social status, social context -​ Research The kinds of deviance High Consensus -​ Homicide Soc 1500 Aidan Ross -​ Sexual Assault -​ Robbery?Burglary -​ White collar crime Lifestyle Deviance -​ Alcohol Abuse -​ Drug Abuse -​ Sex work Status Deviance -​ Mental Illness -​ Obesity -​ Lgbtq identity Normative Definition of Deviance It's a violation of Social Norms Social Norms -​ Expectations of conduct that regulate human behaviour and social relations -​ Social Properties shared group evaluation or guidelines based on habit or traditional customs Absolute Definition -​ Assumes that everyone agrees on obvious basic rules of a society -​ Deviance results from violations of previously defined standards of acceptable behaviour -​ What is deviant can stem from the interest of the elite Statistical Definition -​ Emphasizes behaviour that differs from average experience -​ Rare or infrequent phenomena -​ What should or should not be rather then what is Reactivist Definition -​ There is no universal or unchanging entity that defines deviance -​ dEVIANCE IS IN THE “EYE OF THE BEHOLDER” Soc 1500 Aidan Ross -​ Deviance occurs through the reactions of others Relativity of Deviance -​ Deviance are behaviours that happen to offend some groups -​ Norms imply relative judgements ( limited to groups,places and times). As such , deviance is also a relative phenomenon Social Control -​ This is how social groups deal with behaviour that violates social norms -​ Deviant behaviours represent undesirable acts which results in sanctions or reactions to the behaviour or condition -​ The nature and strength of the reactions vary with the deviant conduct Processes of Social Control - Internalization of group norms -​ Norms that are learned and accepted -​ Overall socialisation process that motivate members to conform to group expectations -​ People generally learn mechanisms of social control, like costumes, traditionions, beliefs, attitudes, and values, through interactions with others Processes of Social Control Sanctions Sanctions are social reactions to behaviour Negative sanctions are punishments which discourage deviant behaviours Positive Sanctions are rewards that encourage following social norms Can be informal or formal Types of Social Control Informal -​ Unofficial actions by individuals or groups Formal Soc 1500 Aidan Ross -​ Organized systems of reactions from specialised agencies and organisations Agents of social control Perspectives on the origin of law Consensus Perspective -​ Law emerges to emulate and reflect the strong majority sentiment of the population Conflict Perspective -​ Law reflects successful actions by certain groups with enough power to legislate according to their own interests Consensus perspective -​ Worthy of punishment before codification -​ Murder, robbery, and assault -​ Anglo Saxon Common Law - was the legal system in england form the 6th century until norman conquest in 1066 Conflict Perspective -​ Vagrancy laws - Used to police the mobility and economic activities of the poor -​ Chambliss 1964- Criminalization is part of the political,economy, political power struggle and bureaucratic organisation -​ Social Power Law Kinds of problems -​ Harm to others -​ Moral Beliefs Types of crimes -​ Mala in se - means wrong in itself or evil in itself legal concept that refers to acts that are not considered immoral or wrong by nature -​ Mala Prohibita A act that is only illegal because it prohibited by law, used in law to distigh between acts that are inherently wrong and those that are only illegal because they are prohibited by law Soc 1500 Aidan Ross Theories Biological Theories -​ Lombroso -​ Biology could influence the origin of deviance/ crime in terms of -​ Genetically inherited traits -​ Hormones -​ Body type -​ Neuropsychological (brain) factors -​ Chemical Composition of body tissues -​ Variety of other physical Dimensions Psychological Theories -​ Deviance is viewed as a symptom of a psychological illness -​ Deviant behaviour is a product of some fault within the individuals -​ Explain deviance through analysis of the unconscious mind Psychological Theories -​ Three personality components ID- A buried reservoir of unconscious instinctual tendencies of drives Ego- The conscious part of the mind which operates the body Superego- Mediated the conflict between ID and the Ego Rational Choice -​ An action represents a choice made by an actor to behave in a certain way, to think in a certain way or to live a certain kind of lifestyle -​ Actors are self interested and make decision and weather bason upon a cost-benefit analysis Lecture 4.1 What is Theory Conflict Theory -​ Address the origins of rules or norms rather than the source of the behaviour that violates established standards Soc 1500 Aidan Ross -​ This view stresses the differentiation of group in society and the distribution of power among these groups -​ Individuals with social power create rules and norms that which the interest of that group -​ This results in a collection of groups with competing interests in conflict with one another -​ Deviance represents behaviours of segment of society with the power to shape public opinion and social policy -​ Crime is economic and social -​ Connections between class, crime, and control -​ Society creates criminogenic environment s -​ Bias in justice system -​ Relationship BETWEEN CAPITALISM AND CRIME Types of Conflict Theories Bonger- Society -​ Laws reflect the interest of the dominant class -​ Capitalism and property -​ Punishment -​ Economic inequality Dahrendorf- Unified conflict Theory -​ Social Change and Social conflict are everywhere -​ Every element disintegration and change -​ Coercion Vold - Politically oriented groups -​ Defend their rights and protect their interest -​ Laws created to hamper opposition groups -​ Crimailty Modern Conflict Theory -​ 1960s -​ Influence by -​ Labelling theories -​ Research and inequality and injustice -​ Social and political upheavals Soc 1500 Aidan Ross Power Relations -​ cONFLICT IS ROOTED IN THE COMPETITION FOR POWER AND WEALTH -​ Power provides influence -​ Those in power use law to crimizale those without power Social Reality Of Crime Quinney (1970) Crime is politically defined Interests of powerful Enforcement Behaviour is structured by class Stereotypes and the media Crime becomes a social reality Norm Resistance -​ Authority relationships produce conflict because groups have own norms -​ Conflict will occur when -​ Authorities and subjects are both committed to opposing cultural norms -​ People with group support will be resistant to authority or change -​ Assessing the strengths and weakness of opponents helps avoid conflict with authorities Critiques -​ Conflict theories rely on an overly broad assumption that powerful groups dictate -​ Laws content -​ Rule making processes -​ Enforcement -​ Explanations of rules or behaviours -​ Who benefits -​ Law and the causes of behaviour Marxism Marx viewed capitalist society as a relationship between two groups of economic interests Soc 1500 Aidan Ross Bourgeois- Society ruling class Proletariat- the ruled members of society- the workers whose labour power is exploited The state does not as a neutral party It mainly protects the ruling class against threats for the ruled masses Marxism -​ foUCSES ON ECONOMIC CONDITION UNDER CAPITALISM -​ Society is the product of economic production -​ Production forces and productive relations -​ Class is a power relationship Marxism and Deviance Describes society, not as a product of consensus about shared values but as the outcome of a continuing struggle between social classes -​ Definitions of deviance emerge from class conflict between power and less powerful groups Marx explained that -​ Las prohibit certain acts that threaten the ruling class -​ Laws legitimise intervention by society agents of social control -​ Criminal law tends to side with the upper class against lower class mARXIST CRIMINOLOGY rESEARCH SHOULD HAve a political and ideological basis cRIMINALS ARE A PRODUCT OF SOCIETY AND ECONOMIC SYSTEMS NOT DEVIANTS Surplus Value -​ The values of an item in excess or what was paid for producing it -​ Workers are exploited to produce higher profits for owners. Coming marginalised and alienated Privilege Class discrimination -​ Mandatory drug testing -​ Safe streets act Soc 1500 Aidan Ross -​ Deregulating business -​ Reducing inspections of business -​ Increasing Policing for street crime, despite crime rates being at the lowest Marxist deviance Deviant populations -​ Don't contribute to profit maxing focuses on those who don't work or challenge system Feminist Theory Feminism and crime focus on gender difference in crime rates, women as victims of crime, and patriarchy Marxist Feminism -​ feNDER INEQUALITY RESULTS FROM unequal power of men and women under capitalism -​ WOMEN ARE exploited -​ Commodited Radical Feminism Come from -​ Patriarchy -​ Subordination of women -​ Male aggression -​ Sexual Control -​ mALE Socialization -​ Sexual Exploitation Power control theory -​ Hagn 1989 -​ Delinquency is a function of -​ CLass position -​ Family function (control) Power control Theory -​ Deviance defined as risk taking behaviour -​ Class position based on disagree of power at work -​ Parents power in workplace reproduced in family Soc 1500 Aidan Ross Lecture 4.2 Social Structure theories Social Disorganization -​ Deterioration of ecology of inner city -​ Poverty,mobility, social control, resources,education, opportunity -​ Groups arise to fill in the niche let open by government Anomie and Strain Goals and means -​ Anomie develops as a result between the disjuncture between valued cultural goals and the legitimate institutionalised means by which a society allows one to achieve those goals -​ Structural and cultural contradiction in capitalism promote crime Merton's Strain Theory -​ Merton (1968) proposed five ways of contending with strain in an anomic society -​ Conformity -​ Ritualis -​ Innovation -​ Retreatism -​ Rebellion Adaptations to Strain Conformity -​ Conformists accept both the cultural goal and insitinULIZED MEAN SBY WHICH TO ATTAIN THEM -​ Accepts goals/accepts means Ritualism -​ Individuals who conform to society's norms with no expectation of achieving its goals Soc 1500 Aidan Ross -​ Reject goals/accept means Innovation -​ Attaining goals of success through illegitimate mean s Accept goals /Reject means Retreatism -​ iNDIVUALS WHO AFTER INTERNALIZING CULTURAL GOALS, FIND THEM UNobtainable -​ Reject goals/ Reject means Rebellion -Go against conventional culture goals that they feel unable to achieve - New goals/New means Social Process THeories -​ Deviance and criminality is a function of socialisation -​ eVERYONE HAS THE POTENTIAL aGENTS OF SPECIALIZATION -​ fAMILY -​ School -​ Peers -​ Institutional (religion) Branches -​ Social learning theory -​ Control THeory -​ Labelling theory Edwim Sutherland - amERICAN sociologist 1883-1950 Differential Association Theory ]Coined the term White collar crime Its components -​ Crime is learned through interaction -​ techniques , motives and rationalizations -​ See more benefits that unfavourable consequences to violating the law -​ Vary in frequency duration and intensity -​ dEVIANT BEhaviours is learned in association with those who define that behaviour favourable -​ Weight of definitions favourable to deviance Soc 1500 Aidan Ross -​ Attitudes and cultural orientations Techniques of Neutralization -​ Identify it -​ Prosocial sense of self -​ Reframing of behaviour -​ Vocabularies of motive Soc 1500 Aidan Ross Soc 1500 Aidan Ross Social control theories -​ Everyone tempted -​ How are some able to resit -​ Connection between self image and delinquency -​ Self rejection Control Theory -​ Social control -​ Social Bonds -​ Deviance as default -​ cONFROMITY AS PROblematic Containment Theory -Reckless Deviance is motivated by -​ Internal pushes -​ External pressures (poverty) Soc 1500 Aidan Ross -​ External pulls (deviant peers) -​ Social General theory of Crime -Low self control Short term self interest Disregard for long term consequences Problems Labelling tHEORY Based on symbolic interactionism Definitions of self learned through interaction with other and interpreting their messages -​ Labels applied by other may define the whole person Soc 1500 Aidan Ross -​ May cause permanent harm -​ Social Rejection Moral Entrepreneurs Crime is not a behaviour but how we respond to behaviour -​ Social groups create deviance by making rules Moral entrepreneurs Attempt to transform private troubles to public issues and to have three ideas about deviance enshrined in law Impact of Labelling Differential Enforcement Laws are differentially reinforced based on social status and social distance Consequences include stigma, master status, dramatization of evil