Defining Crime PDF

Definitions Criminologists Goals of Criminologists Explaining HOW and WHY crime occurs What Criminologists Do 3 Ps/Cs Police/Cops Prosecution/Courts Prison/Corrections Criminal Statistics Sociology of Law Theory Construction (Etiology): The study of causes or orig...

Definitions Criminologists Goals of Criminologists Explaining HOW and WHY crime occurs What Criminologists Do 3 Ps/Cs Police/Cops Prosecution/Courts Prison/Corrections Criminal Statistics Sociology of Law Theory Construction (Etiology): The study of causes or origins Why does crime happen?: Biology (Genes) Psychology (Mind) Sociology (Context) Penology: The study of the punishment of crime and of prison management Victimology: The study of victims of crime and the psychological effects of their experience Defining Crime Defining Crime and Deviance Legal Approach: Crime: Violates Criminal Code An act is either criminal or not criminal Depends on the law Canada: Over 18 → Criminal Code Indictable offences (serious) → Prison Summary offences (less serious) → Fine/short sentence  12-17 → Young Offender's Act (YCJA) Under 12 → No laws governing this group Statistical Approach: Deviance: Violates social norms An act is evaluated on a continuum; acts can range from normal to deviant Definition depends on social norms (acceptable forms of social behaviour) Only extreme cases on the ends of the continuum calls for attention Deviant acts are not governed by laws but by culture Socially constructed norm and outliers Multi-Dimensional Approach: - Crime AND Deviance: Violates social norms and laws - Social Consensus: Agreement about the norm - Perceived Harmfulness: Evaluation of social harm - Severity of Response: Amount of sanction and control - All categories can vary from high to low - Hagan's Typology: Helps us understand how the definitions change over time and the forces behind such changes - Helps to spot where social injustice occurs: - Social injustice occurs when → Three diff dimensions don't align - Breaking down of the three dimensions allows to see how we can enact social change - Crime and deviance are socially constructed: - Relative: Differs across time and space - Evolutive: Constantly changing - Defining any behaviours implies social construction, criminologists look for the social causes and consequences of these changes - Limitations: - Assumes agreement among all three dimensions (where injustice occurs) - Assumes a democratic process in reaching agreement - Missing Dimensions: seriousness can be broken down into further dimensions - Visibility of Harm: assumes public awareness e.g. harm to the environment  - Extent of Victimization: Numbers harmed e.g. Isolated case vs. Large number Types of Crimes and Deviance Crimes vs. Offences Crime: Breaches of the law Offences: Violations of morality Summary Offence: Serious crimes e.g. robbery, assault and homicide Indictable Offence: Less serious crimes e.g. property offences Consensus Crimes: Controlled By: Regulation (CJS) A high degree of consensus about their wrongfulness Perceived to be extremely harmful Calls for the most extreme punitive response E.g. murder, rape, etc. Conflict Crimes: Controlled By: Regulation (CJS) Most (not all) agree about their wrongfulness Largely perceived to be harmful Disagreements about punishment E.g. marijuana use, prostitution, vandalism, etc. Social Deviation:  Controlled By: Revision (other laws) Disagreements about their wrongfulness Perceived to be somewhat harmful Punishment vs. Rehabilitation E.g. swearing, bullying, malpractice Social Diversion: Controlled By: Rejection (social institutions) Many disagreements about their wrongfulness Is not really perceived to be harmful Informal punishment; mild E.g. tattoos, piercings, clothing, harmless habits, speech, etc. Consensus and Conflict Crimes Similarities: Consensus and conflict crimes are considered criminal forms of deviance In Canada, they are defined and regulated by the Criminal Code They can be enforced and policed by the authorities Perspectives on Social Control Functionalist Perspective (Structural-Functionalist): Secure integration in society Preserve social order and stability Benefit: All citizens 'Conservative' perspective E.g. Homeless person policed for safety Conflict Perspective: Exercise social control over the powerless Preserve social hierarchy and dominance Benefits: Only the interests of the powerful E.g. Homeless person policed for property values, business and the government (no tax revenues for government because of optics → no spending) Defining Law Civil Law vs. Criminal Law Civil Law Purpose: Resolve disputes and provide compensation  Parties Involved: Plaintiff v.s Defendant Burden of Proof: Preponderance of evidence Outcome: Monetary compensation, injunctions, remedies Type of Wrong: Private wrong e.g. torts, contract disputes, etc. Criminal Law Purpose: Punish and deter crime, protecting society Parties Involved: Crown (prosecution) vs. Defendant Burden of Proof: Beyond a reasonable doubt Outcome: Fines, prison, probation, record Type of Wrong: Public wrong (crimes against society) Charter Canadian Charter of Rights and Freedoms Sets out those rights and freedoms that Canadian believe are necessary in a free and democratic society The charter is one part of the Canadian Constitution. The constitution is a set of laws containing the basic rules about how our country operates. E.g. it states the powers of the federal, and provincial and territorial governments in Canada Examples of Items on Canadian Charter of Rights and Freedoms Section 7-14: Life, liberty and security of person — Section 7 Search or seizure — Section 8 Detention or imprisonment — Section 9 Arrest or detention — Section 10 Proceedings in criminal and penal matters — Section 11 Treatment or punishment — Section 12 Self-crimination — Section 13 Interpreter — Section 14 CJS (Criminal Justice System) 3 Ps in 3 Ps/3 Cs Police Actus Reus and Mens Rea: Two fundamental elements of criminal law that must be typically proven to establish a crime  Actus Reus = The Guilty Act - The physical component of a crime, the actual act or unlawful behaviour/omission - E.g. assault, theft or child neglect - Focuses on the external, observable conduct, conviction requires evidence that the defendant committed a voluntary act or omission that led to a criminal outcome Mens Rea = The Guilty Mind - Refers to the mental element or state of mind at the time of committing the act, includes the defendant's intention, knowledge or negligence - E.g. intending to harm (intentional murder), planning (fraud), or being reckless (driving causing harm) - Establishes the mental culpability behind the act, differentiates between accident or unknowing vs. Intent and premeditation Burden of Proof E.g. in a homicide case a person is on trial for murder, the prosecution provides evidence like DNA evidence, surveillance footage, motives, witness testimonies, etc. Beyond a Reasonable Doubt If the defense's argument consists of vague claims, like suggesting someone else may have framed the defendant without offering substantial proof, the jury can reasonably conclude that no other plausible explanation fits the facts ∴ the defendant would be found guilty 'beyond a reasonable doubt' because the evidence overwhelmingly points to their guilt Prosecution Statutory Law Written law created by legislature E.g. The Criminal Code of Canada, The Controlled Drug and Substances Act (for drug offences), The Fire Arms Act (for the control of firearms and restricted weapons), The Canadian Environmental Protection Act, The Canada Revenue Agency Act (for income tax offences), The Canadian Customs and Border Services Act (for border security) Common/Case Law By ruling Common law is law that is not written down as legislation or a statute and is based on rulings and precedents of past classes to guide judges in making later decisions in similar future cases Cannot be found in any statute or body of legislation, but only in past decisions. It is flexible and adapts to changing circumstances  Focuses heavily on precedents E.g. R. v. Lavallee — Battered Woman Syndrome Prison/Penal System Chiricos et al., 1997 Reading Research What is the study trying to explain? Cause and effect? Mechanism of phenomenon? Past theory used? What is the dependent variable in this study? Specifically, how is the issue being operationalized? What main factors are the researchers using to explain the dependent variable? Independent variables? What type of research design did the researcher use? How many people are included in the study? What are control variables and how many of them are there? What is the main conclusion? What is the main evidence? Do you agree or disagree? Limitations? General Method of Knowing Rationalism: Truth through reasoning Empiricism: Truth through observation Perception of Knowing Logic — Rationalism Observation — Empiricism Experience — Empiricism Authority — Obedience Consensus — Conformity Agents of Socialisation Socialisation: Integrating a into a culture 1 Family → Parents 2 School → Teachers, textbook 3 Mass Media → Television, movies, newspaper 4 Mass media is self selected, it gives us the freedom of choice and impacts us more because of the autonomy provided. 5 State → Laws, policies Agents of socialisation not only define crime and deviance but also shapes our perception of crime