KEY TOPICS PDF Lecture Notes

LECTURE 2 Criminology is Interdisciplinary and Multidisciplinary Criminologists come from different academic backgrounds. Criminologists are interested in crime, but often disagree on its causes and consequences. Historically, Criminology was multidisciplinary. Contemporary Criminology is m...

LECTURE 2 Criminology is Interdisciplinary and Multidisciplinary Criminologists come from different academic backgrounds. Criminologists are interested in crime, but often disagree on its causes and consequences. Historically, Criminology was multidisciplinary. Contemporary Criminology is more interdisciplinary. Definitions Matter Consensus definitions are essential to assess the nature and extent of crime in our society. Definitions are necessary to identify the behaviours, individuals, and groups of study. Clear definitions allow for comparative scholarship -​ (Comparative scholarship is a research approach that systematically analyzes similarities and differences between societies, institutions, or phenomena to identify patterns and develop broader theories) What is a Crime? Definitions of what constitutes a crime are socially constructed. When activities are deemed illegal, or people are treated as criminals they are criminalized. Commonly held definitions of crime often fail to capture deviant acts. Different types of offences can be either mala in se or malum prohibitum. Crime vs. Deviance Several acts can violate commonly held mores or folkways but still not be criminal. Folkways represent the customs and norms that structure daily life. Mores extend to informal codes related to right or wrong or ethical or unethical actions. Mores may extend to crime. Hagan’s Typology of Deviance Source: Hagan (1991) Consider whether behaviours are labelled as deviant or if they are criminalized. Hagan considers the degree of social harm, the severity of the social response, and agreement about the norm. While some crimes are widely seen as harmful, there is a lack of consensus about many others. LECTURE 3 ‘Normal’ Is a Lot of Work Law is one way to go about it But law is a lot of work, too And it’s less effective than you think! What else is there? Think of the norm in normal We have to be disciplined into norms What Is Social Control? All those mechanisms and resources by which members of society attempt to assure the norm-conforming behaviour of others. — Chriss (2022:7) What Is Social Control? All those mechanisms and resources by which members of society attempt to assure the norm-conforming behaviour of others. — Chriss (2022:7) We are all participants in social control What Is Social Control? All those mechanisms and resources by which members of society attempt to assure the norm-conforming behaviour of others. — Chriss (2022:7) There are informal and formal sanctions What Is Social Control? All those mechanisms and resources by which members of society attempt to assure the norm-conforming behaviour of others. — Chriss (2022:7) This isn’t just constraint, it’s about coordination Solidarity is a Social Fact: Emile Durkheim 1858-1917 That means that it is a fundamental feature of every society, everywhere Go ahead, try to think of a society without it As society changes, the forms of solidarity have to change, too In modernity you see a transition from mechanical to organic solidarity Back to Solidarity Solidarity may be a social fact but the form that it takes can change As society becomes more complex, solidarity becomes based less on social similarity than on functional interdependence So how does that change the way we regulate one another? Institutions take on important roles in disciplining individuals A Hidden Curriculum? There is a whole system of rules in the school that predetermine the child’s conduct. He must come to class regularly, he must arrive at a specified time and with an appropriate bearing and attitude. He must not disrupt things in class...Together they constitute the discipline of the school.” — Durkheim (1925/1973:148) LECTURE 4 Violent Crimes and Crime Trends Violent crimes tends to be the focus of public discussions related to crime and victimization. While they are the focus of public concern, they also tend to be the least common. Concern over violent crimes must be considered against crime trends. In Canada, we can examine trends in crime types using the Crime Severity Index (CSI) and Crime-Rates. The CSI looks at the seriousness of the crime based on average sentences. Crime-rates look at the overall volume of crime in society. Police-Reported CSI Indexes, 1998-2023 Crime Trends in Canada Since the 1980s, Canada has seen overall declines in both violent and property crime rates. However, beginning in the mid-2010s, we’ve seen upticks in crime severity indexes and particularly for violent crimes. Changes in certain offending patterns are concentrated in our city centres. Most property crimes are committed by amateurs in spontaneous or unplanned situations. Crime Data Matters Crime data helps to shape our perceptions of crime and the criminal justice system. Crime data came from official and unofficial sources, as well as personal and vicarious experiences. Narratives about crime don’t always align with expert knowledge. Sources of Crime Data Official data can include Uniform Crime Reports (UCR), data collected by the courts, and correctional data. Unofficial data can include victimization and self-report surveys, academic studies, and studies by NGOs. UCR data includes reporting by all Canadian police agencies to a central reporting system. Working with Official Data Benefits of UCR data include: Standardized reporting practices. The ability to make comparisons over time. The ability to track crime trends and patterns. Weaknesses of UCR data include: ‘Missing’ or ‘unfounded’ cases. Sensitivity to police practices. Changes in law can impact the data Working with Unofficial Data Benefits of Unofficial Data include: Accounts for crimes not reported or detected to the police.  Allows for more accurate tracking of crime trends. Not subject to the same reporting issues as UCR data. Provides more detailed information on victims and offenders. Weaknesses of Unofficial Data include: Problems with sampling and ‘missing cases’. Might lead to ‘over-reporting’ or ‘under-reporting’. Question design and sampling strategy subject to human biases. The Politics of Counting Crime For much of their history, police statistics have gone unquestioned and unchallenged. The practices of the police can serve to alter official data in ways that benefit the police. There are also various reasons why someone would choose to not report a crime or cooperate with an investigation. LECTURE 5 What is the Law? Functional Definition: “...but a response to social needs.” (Hoebel, 1954) Teleological Definition: “...the organization of human happiness.” (Ward, 1906) Expressive Definition: “...the function of law i[s (sometimes)] ‘making statements’ as opposed to controlling behavior directly.” (Sunstein 1996) Legitimacy “The basis of every system of authority, and correspondingly of every kind of willingness to obey, is a belief, a belief by virtue of which persons exercising authority are lent prestige.” - Max Weber Legitimacy: It’s true if you believe it? Legitimacy works through monopoly 1. There must only be one rule- making authority in society 2. This rule-maker must be recognizable 3. Rule-followers must know what to do (Note: This doesn’t mean they have to like it—or even to agree with it!) Legitimacy: It’s true until it’s not? Legitimacy comes into question when these conditions are no longer met Or when people believe they can enact change themselves Weber called this a legitimation crisis LECTURE 6 The Objectives of Punishment In Canada, sentences should have one or more of the following objectives: General deterrence Specific deterrence Denunciation Incapacitation Rehabilitation Reparations / Restitution Retribution Neo-Classical Theories and Deterrence Concept of just deserts at the core of neo-classical approach. The certainty of punishment is the most-effective element of deterrence. The criminal justice system often works slowly, making speed or celerity difficult. More severe punishments have no effect and can actually increasing the risk of reoffending. Rational Choice Theory The Reasoning Criminal, Cornish and Clarke (1986). Criminology was overly focused on individual-level factors. Offenders and non-offenders engage in similar decision making processes. Rational Choice Theory Rational choice theory includes ‘involvement decisions’ and ‘event decisions’. Involvement decisions based on background factors, prior experience, and solutions to our needs. Event decisions include immediate and situational factors. Routine Activities Theory Crimes require a motivated offender, a suitable target, and the absence of a capable guardian. A motivated offender and suitable target must be accompanied by a lack of capable guardianship. Guardianship can include formal and informal sources. Situational Crime Prevention Focuses on the role of place in crime prevention. Changes to physical, social, and organizational environment can reduce offending. Easier to predict ‘high-crime places’ than ‘high-crime’ people. Techniques of Situational Crime Prevention Increasing the perceived effort of crime. Increasing the risk of crime.  Reducing the rewards of crime. Reducing the provocations of crime. Reducing excuses. `LECTURE 7 Social “Order” Has More Than One Meaning Law doesn’t just regulate conduct, it regulates relationships Often this is perfectly benign, beneficial, even banal But sometimes it creates and reinforces hierarchies “Order” is also a description of rank Thesis of The New Jim Crow by Michelle Alexander Mass incarceration is a legal strategy of discriminatory treatment that has emerged to preserve racial hierarchy in American society. Layers of Law In a federalist system, laws are layered from the local up to the national level When these laws conflict, the federal layer always* wins How do we know when laws conflict? Courts tell us This is called judicial review Legal Innovation, Legal Discrimination “Black Codes” Understanding Clause Grandfather Clause Good Character Test Voter purge in Louisiana: From 130,334 in 1896 to 1342 in 1904 Legal Innovation, Legal Discrimination 2 Mandatory contracts for adults Apprenticeship for children Wage fixing Vagrancy laws Convict Leasing