Summary

These are notes for a criminology course. They cover choice theory and classical criminology, discussing concepts such as how theories generalize about observed phenomena and the practical consequences of theories of crime.

Full Transcript

Examussy Noteussy week 6/Ch 5: “Choice theory” What is theory? The modern word ‘theory’ derives from the ancient Greek theoria meaning looking at, viewing, beholding’ A theory can be understood as sets of statements that explain why and how several concepts are related +It is a particular tool th...

Examussy Noteussy week 6/Ch 5: “Choice theory” What is theory? The modern word ‘theory’ derives from the ancient Greek theoria meaning looking at, viewing, beholding’ A theory can be understood as sets of statements that explain why and how several concepts are related +It is a particular tool that people use for dealing with practical problems+ It offers a form of generalization that helps us discern patterns (about what happened, what is happening and what is likely to happen) Choice theory: Crime is a choice made by an offender who sees potential gain as outweighing any loss -which first appeared as classical criminology Classical criminology core concepts ​ People choose all behaviour including crime ​ A violation of another person is a violation of social contract ​ Society must provide the greatest good for the greatest number ​ The law shouldnt try to legislate morality What is theory (Cont'd) -to stand as a theory it must be qualified - a theory is deemed to be qualified if we are able to deduce conclusions from it that are subject to empirical validation (Ex, dogs can fly faster than birds because they have larger wingspan (this is an unqualified theory because it is not subject to empirical validation -Theories predict or prohibit certain observable events or conditions Why Theory? Is it Useful -Theory is conventionally distinguished from practice -But closer examination shows us that all practical dimensions of life are informed by our broader generalization of the world -Theories are thus: ​ Qualified through empirical validation ​ But also provide a reference point for explaining the empirical (what we experience) ​ Ex. why is there a lot of crime in this neighborhood A theory of crime causation that generalizes about the impacts of economic standindings on the propensity to commit crime would attempt to provide an explanation. -Theory allows us to explain the phenomena we observe Theories of Crime -Theories of crime seek to lend clarity to the WHAT and WHY questions underlying criminology: Why do people engage in criminal behaviour? Ex: why theory: people engage in criminal behaviour because they are naturally prone to seek their own self-interest and will overstep boundaries unless deterred from doing so +What Goes into defining the constitution of a criminal act or a crime? Ex: what theory: What we determine to be a crime is what those in power have legislated in their favour Theories of crime carry practical consequences Criminological theories: There are THREE broad levels of analysis within which varying criminological theories tend to fall: 1.​ Individual 2.​ Situational 3.​ Structural sa Individual: ​ The main focus is on the personal/individual characteristics of the offender or victim ​ Criminal behavior is explained with reference to something specific to the individual (Ex: individual choices; biological or psychological traits) Situational: ​ Focus is not on the individual but on the immediate circumstances within which criminal activity occurs ​ This can include: -Local environmental factors -the influence of group behavior on social activity; -how the individuals involved are labeled by others; -the opportunities available for the commission of certain offenses Structural ​ Looks at crime in terms of broad social relationships ​ Analysis makes references to social institutions, relations between classes, sexes, racial and ethnic groups and other social divisions. Classical theory(aka Utilitarianism) ​ Level of analysis Individual ​ Has played a foundational role shaping contemporary criminal justice in Canada ​ Basic principles -All humans have an equal capacity to reason -Individuals are self-seeking and self-interested -All human action is voluntary (choice and free will) A classical theory of Crime (choice theory) ​ Main principles of a classical theory of crime: ​ That all human behavior (including crime) is a matter of choice ​ That the choices we make are “rational” ​ That unless kept in check, human beings will violate the sanctity of others in the pursuit of their own self-interests. What do we mean by “rational choice” ​ Despite our agency and ability to make choices, we have an innate propensity to seek out greater pleasure and avoid pain ​ Our choices are rational in that they are made after weighing the potential benefits and consequences (cost/benefit analysis) ​ Human behavior can be regulated-that is, the choices we make can be controlled-through the threat a greater pain ​ Society can be further regulated in a way that ensures the greatest good for the greatest number through a social contract Social contract: when people agree to sacrifice some of their individual rights to the state in exchange for protection of their own body and possessions. The “rule of law” ​ Another basic principle of classical theory: the rule of law is supreme ​ In this view, the legal system plays a regulative role (a form of social/regulation) ​ The “law” is a power to which we must all submit ​ None are seen to be above it and all are equal under the law Choice theory and individual responsibility ​ Choice theory dismisses the notion that crime is caused by social conditions such as poverty, or that crime rates can be altered by either growth in opportunities government rehabilitation programs ​ Instead, crime is always a matter of rational or calculated choice and so crime prevention must focus on deterrence (ex. If crime pays more than a legitimate job, some people will continue to gravitate towards crime (whether actual or simply perceived ​ The central premise is that criminals are rational (choice making individuals) and that their behavior can be controlled or directed by both the fear and institution of greater punishment Is Crime rational? Street crimes: ​ Studies show that crime such as theft or prostitution are carried out based on selective and calculated decisions made by the offender (ex. Car thieves will select certain car models that are easier to break into or easier for stipping parts) (Ex. sex workers resist practices that would risk their safety (thus evidencing a rational cost/benefit decision made on their behalf) Drug use: ​ The decision to use drugs premised on the rationality calculated decision that it will bring greater pleasure ​ Drug dealers choosing to sell drugs because of monetary gain Violent crimes: ​ Serial killers arguably make a calculated decision to go after easy/vulnerable targets (ex. Sex workers; the homeless) What does crime prevention look like according to classical theory? Choice and routine activities theory: ​ Rational choice theory as an underlying assumption behind the Routine Activities theory of victimology ​ Crime is a matter of criminal opportunity ​ The absence of guardians, the availability of easy targets, and the presence of motivated offenders will all create the opportunities for crime Eliminating crime ​ If crime is rational then it can be prevented by convincing offenders that the choice to commit a crime is a poor one ​ Some crime control strategies based on rational choice theory include: 1.​ Situational Crime prevention 2.​ General deterrence strategies 3.​ Specific deterrence strategies 4.​ Incapacitation strategies #1 Situational Crime ​ A method of eliminating or reducing crime by curbing the opportunities that potential offenders have ​ Criminal acts will be avoided if: 1.​ Potential targets are carefully guarded 2.​ Means to commit crime are controlled 3.​ Potential offenders are carefully monitored Ex. Defensible space -This includes modifying the physical environment to reduce the opportunities for criminals (A home security system;better lighting, use of alarms ​ Potential issues with this approach: -generic approaches cannot address the diversity of crimes Situational crime prevention can result in crime displacement Ex. increase of police presence in an attempt to curb prostitution did not impact the volume of prostitution but simply displaced it (Change of location) #2 General Deterrence strategies ​ The concept holds that crime rates are influenced and controlled by the threat of criminal punishment ​ If people fear apprehension and punishment they will not break the law ​ Measures include: -Mandatory sentencing -Aggressive policing -Threat of severe punishment Ex. Capital punishment ​ Potential issues: #3 Specific deterrence strategies ​ A crime control policy suggesting severe punishment in order to prevent known criminals from from reoffending Ex. California's 3 strikes rule -other measures include the use of stigmatization and shame in order to deter crime #4 Incapacitation strategies: ​ The aim is to reduce crime by incarcerating motivated offenders ​ Measures include: -Long prison sentences ​ Research shows that increasing the number of people behind bars or extending their length of stay does not effectively reduce crime Why has this strategy not worked? -Some research shows that incapacitating criminals does not deter them from crime but locks them into a cycle of criminal activity -Also. Whatever motivations drove them to commit crime before being put in prison may not necessarily have changed when they come out. Week 8/Ch 6: “Trait Theories” Trait theories: these approaches look at biological or physiological causes of criminality. -Trait theorists do not suggest that a single biological or psychological attribute is adequate to explain all criminality. Rather, from one offender to the next, unique explanations account for criminal behaviour. - focus on basic human drives that are linked to antisocial behaviour—aggression, violence, and impulsiveness. Choice theory vs. Trait theories Similarities: ​ Both focus on the individual (level of analysis) ​ Both proceed with the assumption that there is a clear consensus-based distinction between “normal” and “deviant/criminal” behaviour ​ They do not necessarily ask the WHAT question but are concerned with the Why question Differences: Choice Theory holds that we are free willing rational agents ​ Trait theories hold that all human activity is determined by factors outside of our decision making ability there is no choice or free will per se ○​ Our actions such as committing a crime or a consequence of either biological and physiological individual factors, or a combination of both. Historical context- positivism and the rise of science historical context: ​ 19th century rapid industrialization and the development of capitalism ​ Technological innovation and mass production techniques ​ increasing class divide / conflict ​ expanding European colonialism “Positivist Criminology” and trait theories of crime ​ It's practices are grounded in the scientific term of the 19th century ​ positivism sought to apply the methodologies of the Natural Sciences to the study of society (The scientific method) -The intention was to develop a more accurate understanding of how Society works - in doing so a rational solution can be provided to solving / overcoming social problems Positivism as an approach in the study of society holds three main premises: 1.​ social scientists are neutral Observer of the world 2.​ Human activity can be measured through the use of objective tests 3.​ As with the natural world, the “social world” is seen to obey general laws of operation Subjective vs. Objective ​ Something is subjective if it is dependent on the mind/person/subject ​ Something is objective if it can be confirmed independently of the mind The social organism ​ Positivist social scientists tend to view society as an organisms that is made up of different components which work together to ensure the proper functioning of the system as a whole ​ Issues in society occur when any one of these components is behaving in a dysfunctional way ​ The solution=devising strategies to remedy or correct the dysfunction +crime prevention becomes focused on remedying the situation (like a doctor performing surgery) Trait theories of crime (biological and psychological) ​ Trait theories look at a combination of biological and psychological factors that might explain criminality ​ A question that a trait theory asks is : Why does one person act aggressively when cut off in traffic while the other person doesn't? ​ Why does it seem like some people can control their urges while others cannot Biological trait theory: (classical approaches) ​ The Atavistic Criminal” ​ Criminals are born not made ​ Criminals are determined from birth due to various biological factors ​ Biological trait theory as an approach to criminology was first popularized by the 19th century physician Cesare Lombroso ​ For lombroso, the atavistic criminal was predisposed to criminal activity based on evolutionary and genetic factors ​ Lombroso held that the atavistic criminal was, developmentally speaking, closer to apes than the modern human ​ These atavistic criminals could be identified based on certain physical characteristics such as the size and shape of the head, or the hand, protruding teeth, or large ears. (contemporary approaches) ​ Work of early bio-criminologists was deemed methodologically unsound and the reality of sociological factors could not be ignored ​ Emphasis was increasingly placed on “sociobiological” factors ​ Sociobiology: a science of human behaviour seen as motivated by inborn biological urges and drives. ​ Emphasis was increasingly placed on “sociobiological” factors ​ Human behaviour is motivated by both inborn biological conditions (desires, urges, limitations) which are triggered or emphasized by social conditions ​ The sociological +biological are interdependent as opposed to seeing them as conflicting Ex: aggressive behaviour is the consequence of biological predisposition and social conditioning Biosocial theory -Two key principles of biosociology 1.​ Not all humans are born with an equal potential to learn and achieve (our capacities are determined by variables in our genetic makeup) ​ I.e we are not all born equal; ​ The gene controls all human destiny ​ This the contrary to sociological theorists/criminologists who believe in equipotentiality ​ Def: having the same or uniform potential 2.​ Our instincts are inherited not learned, and these “instinctual drives” impact our learning and social capacity Biological trait theory Four contemporary biosocial theories of crime: 1.​ Biochemical conditions 2.​ Neurophysiological conditions 3.​ Genetic conditions 4.​ Evolutionary conditions #1 Biochemical conditions and crime -This branch of biological trait theories believed that biochemical conditions-both those that are genetically inherited and those acquired through diet and environment-control and influence deviant and antisocial behaviour ​ examples: 1.​ Nutritional deficiencies Ex: vitamin deficiency leads to lower intelligence and behavioural problems 2.​ Hypoglycemia Ex: lower sugar levels lead to abnormal brain functioning 3.​ Hormonal influences Ex. Androgens such as testosterone contribute to increased aggression in males and explains gender indifferences in crime rates. 4.​ Premenstrual syndrome (PMS): Ex: the female menstrual cycle triggers excessive amounts of female sex hormones which are thought to create aggressive and antisocial behaviour. 5.​ allergies Ex: allergies impair proper brain functioning 6.​ Environmental Containment Ex. higher concentrations of chemicals such as lead influence behaviour and are linked to emotional and behavior disorders #2 Neurophysiological conditions Neurophysiology= the study of brain activity ​ This approach looks at neurological and physician abnormalities acquired during the fetal or perinatal stage ​ These abnormalities/conditions are believed to control human behavior Ex. can lead to more aggression and lack of impulse control ​ One key concept is inherited traits as a result of environmental strain on the developing brain ​ examples: 1.​ Fetal alcohol syndrome 2.​ Minimal brain dysfunction 3.​ Attention deficit hyperactivity disorder (ADHD) Other brain dysfunctions ​ Brain lesions and tumours Ex: Charles Whitman who killed his wife and mother, then barricaded himself in a university tower and killed 14 people with a high-powered rifle. An autopsy revealed he had suffered from a malignant brain tumour. He had sought psychiatric treatment because he experienced urges to kill. ​ Head injuries -particularly in frontal and prefrontal cortex (executive functioning) +​ Damage to temporal lobe= increased chances of auditory hallucinations (hearing voices) #3 Genetic conditions and crime ​ Some early trait theorists believed that criminality was passed down. They conducted research on “deviant families” ​ Question: is there a hereditary influence on antisocial tendencies? Ex. some animals such as pit bulls or roosters are selectively bred to emphasize aggressive traits ​ Traits associated with criminality on this approach: aggression, anti-social behaviour, impulsivity, psychopathy, schizophrenia. A bio trait theory approach to crime prevention Eugenics: defined as the process of improving either physically or mentally, the racial qualities of future generations. +​ The eradication of “negative defects” such as criminality, sexual perversion, or mental illness etc. +​ Procedures included restriction on marriage laws, segregation of the mentally ill, and sterilization to prevent procreation #4 Evolutionary conditions and crime ​ As human beings have evolved certain human traits such as jealousy are believed to play a role in contributing to crime. ​ jealousy, from an evolutionary standpoint is believed to have developed as a way of keeping families intact ​ Aggression is believed to be an evolutionary trait, observed in chimpanzees, and linked to males benefitting from being “pro-risk” while women benefit from being “risk averse” Two general evolutionary theories of crime are r/K theory and cheater theory. r/k theory:holds that all organisms can be located along a continuum that is based on their reproductive drives in relation to their environment. Cheater theory: suggests that a subpopulation of men has evolved with genes that incline them toward extremely low parental involvement. Sexually aggressive, they use cunning to secure sexual conquests with as many females as possible. Critiques of the biological branch if trait theory 1.​ Biological trait theory tends to focus on only specific types of crimes (violent or street crimes) +​ It fails to ask the WHAT question +​ Lack of focus on white-collar or corporate crimes 2.​ There has been a lack of adequate empirical testing to validate claims made by biological or biosocial trait theories 3.​ Biological trait theory is inconclusively able to determine whether ones biological makeup predetermines their behaviour or whether environmental factors trigger certain biological developments or responses Brancy5h #2: Psychological trait theories ​ A branch of tarot theory that focuses exclusively on the mental aspects of crime+ the association of factors such as intelligence, personality, learning and mental illness on criminal behaviour ​ Examples of early studies included finding correlations, among convicts, between crime and defective intelligence ​ Another study argued that people learn from one another through a process of “imitation” Ex: there are higher crime rates among certain groups of people because they tend to imitate behaviour Social learning theory:Behaviour is modelled on direct and indirect observation of rewards and punishments; behaviour is modelled by observing human interactions, as rewarded or punished. ​ Three branches of psychological trait theories 1.​ Psychodynamic perspective 2.​ Behavioral theories 3.​ Cognitive theory #1 Psychodynamic perspective Psychodynamic theory: personality is controlled by unconscious mental processes developed early in childhood. ​ Originated with the work of Sigmund Freud (1856-1939) ​ Human consciousness is divided into three levels: ​ ID: unconscious biological drives for sex, food, and other necessities -two basic instincts include: Eros (libido) and the death instinct (Thanatos) ​ EGO: this preconscious level developed early in life -it helps us regulate the demands of the ID relative to what is socially acceptable -shaped largely by early childhood and parental influences ​ SUPEREGO: develops as a result of incorporating in our personality the moral standards and values of our community and society at a large ​ Crime is explained relative to underdevelopment or disruptions in early childhood. Generally, criminals are ID dominated people ​ Ex. drug abuse explained relative to lack of oral gratification the first year of life ​ Ex. forms of psychosis:When people are dominated by their id, have hallucinations, and act inappropriately. -explained as individuals having a loss of control regulating stages (EGO/SUPEREGO) and so dominated by ID #2 Behavioural Theories ​ Behavior theory maintains that human actions are developed through learning experiences. ​ Rather than focus on biological predispositions, behaviour theorists are concerned with how individual behaviour and actions are developed through a variety of experiences -ex: people learn to act aggressively when, as children, they model their behaviour after the violent acts of adults -another study conducted by David Phillips found homicide rates significantly increased after a heavyweight championship fight (modelling what is deemed acceptable behaviour) #3 Cognitive theory ​ Focuses on how people perceive the world and the mental processes required to understand the world Ex: cognitive theorists may hold that human beings go through stages of moral development from infancy to adulthood ​ Criminals are then individuals who have not progressed past a limited stage of development and who are unable to appreciate universal values/principles ​ Subsequently criminals will only be regulated through obedience to power and avoidance of punishment -i.e hostile children or adults have learned from an early age to interpret the actions of others, and have the world around them, in aggressive and hostile ways. What are some limitations with psychological trait theories Ex. Key court case study: “women and insanity in Canadian society” ​ Many women in Canadian society were deemed “insane” and institutionalizes and subjected to invasive treatments such as insulin, induced comas, lobotomies, and electroshock therapy ​ Many of these women came from lower income and ethnic minority communities and few had actually committed violent crimes ​ Many were diagnosed with mood disorders stemming from crimes such as infacticide (due to negligence,attempted sucicide and public nudity One underlying issue here is shared with other branches of trait theory: There is an assumed consensus concerning what constitutes a deviation of a social norm. Social and policy implications of trait theories ​ Shift from deterrence strategies of crime prevention to rehabilitation correction, or cure approaches ​ Addressing the issue of people with mental illness being incarcerated for acts that were beyond their conscious control ​ Helping curb the cycle of reoffending by “criminals who may be suffering from significant mental health issues ​ Certain psychological trait theory approaches may emphasize parenting programs to help prevent developed delinquency (early intervention approaches) Week 9/Ch 7: Theories of crime: Social Structure theories Social structure theories of crime ​ The motivation for crime is seen to result from the socio-cultural environments we live in ​ As with trait theories, social structure theories take human behavior to be determined ​ Social structure theories argue that: -crime explained as an individual phenomenon fails to take into account consistent patterns in crime rates which can help criminologists identify potential causes and solutions to specific crimes. The economic structure and crime ​ For social structure theorists economic inequality and class stratification in society play a major role in causing crime ​ Underlying hypothesis: individuals of economically disadvantaged groups are more likely to commit crime -Questions asked -does income inequality or the lack of material possessions lead to criminal behaviour -does poverty produce a culture marked by a low self-worth, cynicism, mistrust( of each other and institutions) as well as aggression or anger? -are the unemployed more likely to commit crimes of subsistence? The 3 branches of social structure theory #1 Social Disorganization Theory ​ Crime rates are linked to neighbourhood ecological characteristics -higher rates of crime are linked to highly transient, mixed-use neighbourhoods with a weak social fabric -such neighborhoods are also characterized by a lack of essential services, lack of proper housing, low-income households and high unemployment ​ Disorganized neighborhoods are unable to provide the community with institutions of social control and regulation( schools;community centers/activities) ​ The localization of poverty in such neighbourhoods contributes to its transiency since most people want to leave the first chance they can. This contributes to a -lack of established business community -weak relationships between neighbours who are always moving -lack of common goals among residents ​ This transitory nature of impoverished neighbourhoods, and lack of institutions of social control, leads to deviance and criminality Social control and regulation ​ Essential services ​ community/relations with neighbours ​ Social institutions (educational/community centres) Analogy: -a road without lines, lanes, rules, consistency, stop signs, lights, etc. Concentric Zone Theory ​ Transitional neighbourhoods/areas: usually identified with the inner-city zones of cities ​ High rates of population turnover ​ Not enough resident investment in the neighbourhood ​ Successive changes in the composition of the local population leads to a breakdown in shared norms and values, as well as neighborhood culture. +Leading to “value conflict” ​ The result is that the effectiveness of the neighbourhood as a unit of control and a medium for the transmission of moral standards, is undermined or diminished ​ What results is the inability to properly socialize residents, and the predominance of deviant values in the absence of “common values” The social Ecology school ​ Focus is less on “value conflict” or the negative consequences of a disintegration of “shared values” ​ Social ecologists stress the relation between community deterioration and economic decline to criminality ​ Community deterioration: -neighbourhoods with deteriorating infrastructure, low-income households, and a lack of adequate services also experience high crime rates -one study found a correlation between high homicide rates and the percentage of people in a neighbourhood that were living below the poverty line. ​ Community fear: -fear is one's neighbourhoods (due to demographic changes, graffiti, trash, drug users) contributes to a further decline since business conditions deteriorate and people are always looking for a way out -fear and mistrust within a community also leads to a lack of investment within the community among the residents and makes room for deviant cultures and groups (gangs) to flourish. Some limitations to social disorganization theory: ​ The evidence of high crime rates in low income neighborhoods is drawn solely from police reports ​ It does not explain why most individuals living in low-income areas do not engage in criminal activity ​ Does it incorrectly assume that the human response to conditions of poverty necessarily translate into deviancy? What other factors may be at play #2 strain (Anomie) theory ​ Crime is a consequence of lower-class frustration and anger ​ A “strain” results as a consequence of a disjuncture between socially accepted goals, and the realities of being able to achieve those goals -the “north American dream” -people who cannot realize this dream will find other means of achieving them ​ The societal mantra of wealth and success “by any means necessary ​ Those in affluent areas by comparison feel less strain because of available opportunities Strain theory (cont’d) Institutional Anomie Theory ​ The inequality of means relative to the cultural notion of the american dream explains the high rate of crime in America ​ The specific idea informing the american dream and underlying economic and material focus-accumulate wealth at any cost-undermines a sense of community ​ Goals premised on wealth accumulation also undermine other aspects of social life such as family, religious institutions, education which can help socialize and regulate individuals. ​ The demands of the workplace take priority over other aspects of our life (family or community) ​ These other aspects of our life, and (non-economic) institutions in our community such as the mosque/church/temple or garden center, or school, loose their ability to regulate our behaviour Relative deprivation theory ​ Relative deprivation is created when those who are affluent live in close proximity to those who are poor ​ In short, poor people will feel more deprived when the wealth that they do not have is flaunted in their face ​ The more evident display or reality of inequality will fuel a greater atmosphere of stain and envy ​ Criminal behaviour is fueled by both perceived humiliation and the right to humiliate a victim in return ​ “They feel blocked, and their constant frustration produces aggression hostility, and eventually, violence and crime” ​ Twist: the feeling of deprivation, leading to criminal behavior, not specific to only those living in low-income conditions, but also among the wealthy who get frustrated witnessing the lifestyles of those who are even wealthier than they. General strain theory ​ A unique branch of strain theory that focuses on the micro-level (the individual) and not on the macro level of social effects. ​ Individuals who feel more stress or strain in their lives are more prone to criminal inducing emotions (anger, impulsivity, drug use, etc) -robert Agnew, the developed of GST, calls these negative affective states” ​ These negative affective states can be produced due to: 1.​ Strain caused by failure to achieve positively valued goals 2.​ Strain caused by disjunction of expectations and achievements(caused for example by comparing oneself with their peers) 3.​ Strain as the removal of positively valued stimuli (loss of a loved one) 4.​ Strain as the presentation of negative stimuli (includes experineces of child abuse, victimization, family conflict) ​ This position tries to explain criminal behaviour relative to all members of society regardless of class, background or context ​ Individuals with greater self-control are said to be better cope with strain ​ Ex. research project on the impacts of precarious employment on the mental health of racialized men #3 Cultural deviance ​ Combines social disorganization theory and strain theory in order to explain how people living in deteriorated neighbourhoods react to social isolation and economic deprivation ​ This theory holds that “middle class” cultures and values such as hard work, formal education and caution are dismissed due to relative limitations in realizing them ​ Instead, youth in low-income neighbourhoods gravitate toward “lower-class subculture” which stresses excitement, toughness, risk taking, fearlessness and immediate gratification ​ These lower class subcultures then come into conflict with conventional norms and values Culture conflict: when the rules and norms of an individual's subcultural affiliation conflict with the role demands of conventional society Ex. gang delinquency among youth in low-income neighbourhoods (cont’d) Theory of Delinquent subcultures ​ A strand of cultural deviance theory that focuses specifically on how delinquent behaviour among lower-class youth is a protest against the norms and values of middle class culture ​ Lower class youth are argued to experience “status frustration” due to the inability to realize legitimate success in society ​ Many are argued to join gangs and engage in malicious and negative behaviour as a form of rebellion ​ Participating in these gangs also allow these youth to find a means of gaining recognition as well as status;two elements previously denied to them Theory of differential opportunity ​ Differential opportunity: people share the same goals but have unequal means of achieving them -so much has already been said about strain theory ​ This theory holds that individuals will seek illegitimate means to achieve the goals of success and will find support through like-minded peers who will provide them with emotional support they may need when engaging in criminal activity (gangs) ​ Three main types of gangs which youth are likely to join 1.​ Criminal gangs: which exist in stable but poor areas 2.​ Conflict gangs: exist in communities unable to provide either legitimate or illegitimate opportunities. Criminal activity is individualist and unorganized and characterized by conflict and violence 3.​ Retreatist gangs: unable to gain success through legitimate means and unwilling to do so through illegal means. Members of these gangs retreat to the fringes and engage in drug use Critiques of social structure theories ​ Some may argue that lower-class structure and neighbourhoods are not a sufficient cause for people to violate the law and that instead higher crime rates are a consequence of over policing ​ Social structure theories do not account for why most people living in low-income areas, even if subject to the steam stain do not engage in delinquent behavior -chronic offenders are instead responsible for most of the crime ​ Do all people in society across class lines, value the same norms/goals (i.e of monetary success) ​ Do lower class subcultures actually share some of the assumed-to-be “middle class” norms such as sharing, and valuing education ​ How would social structure theory assess white collar crime Social and Policy implications of Social Structure theories ​ Direct public assistance and welfare -lower crime rates when families receive supplemental income ​ Community development -recreation programs, educational programs, sanitation, work with police to strengthen community -head start, neighborhood legal services, community action programs ​ Alternatives to incarceration or punishment models of crime prevention ​ Community policing Week 10 Social Proccess+ Social Conflict The lens of the SOCIAL ​ Situating our ‘social selves’ ​ Focus is placed beyond the individual and their actions ​ Our choices and behaviours are understood within a broader context ​ A matrix of social, political, economic, technological, cultural, and legal relations determine our individual-social behaviour, and the options that are available to us Some Practical implications: ​ Allows researchers and students to better account for and explain crime trends ​ Allows policymakers to forefront, for example, public assistance and welfare programs that may better address the rate and occurrence of crime in our society as opposed to increased policing or harsher penalties (deterrence strategies) What are some limitations of social structure theories of crime? ​ Are higher crime rates in low-income neighbourhoods related to poverty and ‘lower-class culture’ or over-policing? ​ How do Social Structure Theories account for the fact that most people living in low-income areas, even if subject to the same ‘strain,’ do not engage in delinquent behaviour? ​ ‘Chronic offenders’ are instead responsible for most of the crime ​ How would social structure theory assess white-collar crime, or even those acts of deviancy committed by the wealthy and the powerful? ​ Ex: Self-report surveys show us that many people belonging to privileged classes engage in drug use, theft, and other crimes. Social Process Theories ​ Emerge as a means of explaining, for example, why two individuals living in the same environment do not necessarily follow the same path (whether toward criminal activity or obeying the law) ​ Social Process theories shift the focus to social-psychological processes in order to account for criminal behaviour Level of Analysis: Situational Key principles informing social process theories 1.​ All people, regardless of race, class, or gender, have the potential to become either delinquent or law-abiding citizens 2.​ Positive peer relations, supportive family structures, educational success, community support can all function to counteract the negative impacts of poverty or deteriorating neighbourhoods. Criminality as a function of socialization ​ What is significant is the interactions that we have with each other (socialization) ​ The question of interest here: How – even in the most deteriorated neighbourhoods – can interpersonal relationships (with families, peers, communities, and other relationships) contribute to supportive development? ​ For social process theorists, socialization is as important as social structure ​ Socialization is seen as primarily taking place within the family, and secondarily taking place in social institutions (Ex. Schools) Three branches of Social Process Theories #1: Social Learning Theory ​ Crime is a product of learned norms, values, and behaviours ​ This modelling takes place either directly (through our immediate social circles such as our family or peers) or indirectly (through the media) Learned criminal behaviours can include: ​ Actual techniques of crime: theft ​ Psychological aspects of crime: how to deal with emotions, or ways of responding to guilt or shame Underlying theoretical premise: ​ Human beings are born good but they learn the bad Three branches of Social Process Theories #2: Social Control Theories ​ Early versions of this approach theorized a link between individual self-control, positive self-esteem, and criminal behaviour ​ The lack of a strong ego and of self-control left individuals susceptible to crime and deviancy ​ A core theoretical premise in social control theory is that people are born bad but must be controlled to be good Contemporary variations of social control theory ​ Focus more on the topic of ‘social bonds,’ and their role in adequately controlling individual behaviour along acceptable patterns or standards ​ Ex. Some research points to a lack of family attachments or regulative practices as indicators of later developing delinquent behaviours Three branches of Social Process Theories #3: Labelling Theory ​ Key principle: The human being is a thinking, interpreting being (we play an active role in defining and interpreting what we encounter) ​ Labelling theory focuses on the role of interpretive processes (our reading of symbols, signs, language, and labels) in the shaping of the self ​ The ‘self’ is informed primarily by how others see or relate to oneself; by the labels that are imposed on us “…your image of yourself is simply what you see of yourself reflected in those around you”​ AND​ “Labels become the basis of personal identity” (pg.268) ​ Who you are is essentially defined by how others define you or your reality ​ Ex. People labelled ‘stupid,’ ‘bright,’ or ‘dumb’ will respond to these labels accordingly ​ Negative labels are forms of ‘stigmatization’ that reinforce certain negative behaviours in individuals who are seen as such Social Conflict Theory of Crime ​ An attention to the organization of hierarchy and power in society ​ Social Conflict theory attempts to answer both the WHAT and WHY questions of criminology within the frame of the economic and social context Crime and class struggle ​ Conflict theorists reject the notion that the law is designed to maintain a tranquil and fair society. In other words: ○​ The primary function of the criminal justice system and the law is not ensuring the protection of individuals in society, or safety, but to further institute oppression. Maintenance of social control in conditions of inequality: ​ Crime is taken to be the outcome of class struggle Key concerns: ​ The role that the government/ruling class(es) plays in creating a criminogenic environment ​ The role of group power in shaping and controlling criminal law ​ The biased operations of the criminal justice system ​ The relationship between the capitalist economy and crime rates The roots of social conflict theory ​ “Those who view crime as a function of social and economic conflict are referred to as the conflict, critical, Marxist, or radical criminologists” (pg.289) ​ The philosophical and economic analysis of Karl Marx forms the historical roots of the conflict perspective of criminology What is Marxism?​ The roots of Social Conflict Theory ​ Karl Marx (1818-1883) ​ Historical Context: ○​ Industrial revolution ○​ Capitalist expansion ○​ Rising power of the capitalist class (bourgeoisie) ○​ Increasing number and poverty of the newly created class of ‘wage-labourers’ Marxism and Materialism ​ All ideas, conceptions, thoughts, institutions, norms, and values are not timeless or ahistorical ​ They are reflections of the existing “mode of production” “The mode of production of material life determines the general character of the social, political, and spiritual processes of life. It is not the consciousness of men that determines their existence, but, on the contrary, their social existence determines their consciousness.”​ — K. Marx, A Contribution to the Critique of Political Economy ​ The capitalist mode of production, as with other modes of production, gives rise to specific ideas/norms in society Marxist Criminology ​ As with other elements that make up our social and political life, the institutions that make up the criminal justice system, and criminal legislation itself, are understood in relation to the existing mode of production. Our current mode of production – capitalism – is characterized by: ​ Class hierarchy (bourgeoisie vs. proletariat/working class) ​ Increasing social and economic inequality ​ And ongoing capital accumulation i.e. an ongoing drive for ‘surplus value’ What does this mean about our definition of crime? ​ “The ideas of the ruling class are in every epoch the ruling ideas, i.e. the class which is the ruling material force of society, is at the same time its ruling intellectual force.”​ — Karl Marx & Friedrich Engels, The German Ideology ​ Those who wield power in society – the owners of the means of production – dictate what society’s norms and values will look like ​ For Marxist Criminologists, criminal legislation is not determined by any moral consensus or universal principles, but by those in power who are determined to use the criminal law to advance their own interests The Functions of ‘crime’ and ‘law’ under conditions of capitalism ​ The activities of the state, and its related institutions, reflect the interests of capitalism, and of the capitalists (the ‘embodiments of capital’) These primary interests include: 1.​ Fostering the accumulation of capital 2.​ Maintaining the legitimacy of unequal social relations 3.​ Controlling the actions of those who threaten private property and public order (see ‘instrumental Marxism’) ​ Our legal system is set up in the interests of the ruling class ​ What is codified into law, and those actions deemed criminal, are ones that correspond to those interests. ​ Consequently, the crimes of the wealthy/ruling class, or those actions that are carried out in their interest, are not treated as crimes, regardless of the degree of social harm. ○​ Ex. Environmental degradation, imperialism, false advertising, wage theft, and general worker exploitation, etc. Marxist Criminology and the WHY question ​ Why do people engage in criminal behaviour? ○​ The powerful in society – the capitalists – engage in socially harmful behaviour that may not be defined as criminal. It nevertheless is done in the service of furthering their economic interests. ○​ The working class, or less powerful in society, may engage in acts legitimately or not defined as criminal. These actions are carried out in response to both the condition of exploitation (poverty) and the experience of alienation under capitalism. “Crime stems from ‘…the twin evils of poverty and a savage and unjust criminal code’” (pg.130) ​ The choice to commit crimes for both classes in society is not voluntary, but is underpinned by certain structural imperatives i.e. the capitalist is compelled to further capital accumulation and maximize profits by any means; the worker needs to ensure their survival under conditions of inequality and poverty experienced under capitalism. Marxist approaches to crime prevention ​ Radical democracy ​ Collective ownership and control over the means of production i.e. communism ​ Redistribution of societal resources What are some limits of Marxist Criminology? ​ Can all explanations of criminal behaviour be reduced to the simple equation of poverty and alienation, or in the case of ‘real crimes’ committed by the wealthy, only in the interest of capital accumulation? ○​ Ex. What might a psychological positivist/trait theorist approach contribute to an understanding of crime that is ignored here? ​ Can all criminal laws be defined as simply ‘class laws’? ○​ What about seemingly ‘class-neutral’ questions such as rape? Other branches of Social Conflict Theory ​ Left Realism ​ Feminist Theory ​ Deconstructionism ​ Restorative Justice ​ Peacemaking Criminology Building from a Foundation Left Realism ​ Argues that the focus on the abuse of power by only the ruling elite can be too narrow ​ This position holds that all crime cannot be reduced to class contingencies/interests, and that instead, ‘crime’ is a very present reality and concern for the working class ○​ Ex. Many ‘street criminals’ prey on the poor and disenfranchised, who are abused by both capitalism and members of their own class Feminist Theory ​ Like Marxist Criminology, Feminist Perspectives are concerned with: ○​ Issues of power ○​ The distribution of economic and social resources ○​ The differential position of selected groups in society ​ A basic position underlying feminism is that there is a fundamental distinction between sex and gender ○​ Sex (male/female): Is a biological classification indicated primarily by genital characteristics ○​ Gender (masculine/feminine): Is the socially constructed behaviour and attitudes that are thought to naturally line up with biological sex. Week 11 Slide 7: Applying theory…​ Using theory to answer the WHY question: ​ Why do people commit crime? ​ But what counts as a crime? ​ Is it only what is labelled as such? ​ Is crime only that which causes social harm? ​ Who decides what is a crime? ​ In seeking to answer the WHY question, criminologists often tacitly accept formal legal definitions of crime. ​ One way of refining our study of criminal behaviour is through grouping crime into typologies (crime categories) that can be more easily studied. Slide 8: Crime Typologies ​ Violent Crimes ○​ Crimes that physically harm others ​ Property Crimes ○​ The misappropriation of other people’s property ​ White-Collar Crimes ○​ Crimes requiring the abuse of power ○​ Technically classified as ‘non-violent’ ​ Public Order Crimes ○​ Public Moral Offences ​ Cybercrimes ○​ Theft or destruction of information using computers, networks, the internet Slide 10: The Roots of Violence​ What causes people to behave violently? ​ Personal Traits ​ Ineffective Families ​ Evolutionary Factors/Human Instinct ​ Cultural Values ​ Regional Values ​ Substance Abuse Slide 11: Roots of Violence…​ Personal Traits ​ Recall: Bio/psych trait theories ​ Is there a relation between ‘abnormal’ neurophysiology and a propensity to violence? ○​ Ex: One study of juvenile offenders who killed their victims concluded that they suffered from reading and learning disabilities. ○​ Studies of ‘male batterers’ in spousal abuse and family violence cases indicate the presence of abnormal personality structure such as depression or borderline personality disorders. ○​ A recent article published in a peer-reviewed medical journal argues that Ivan the Terrible likely suffered from ‘temporal lobe syndrome’. This is evidenced through his rapid mood swings, fits of rage, and lack of self-control.​ QUESTION: What may be some limitations in this approach to identifying the roots of violence? Slide 12: Roots of Violence (cont’d)​ Ineffective Families ​ Recall: Social Process Theories ○​ Social learning/Social control ​ Is there a relation between ineffective or abusive parenting and violence? ○​ Ex: 1990 Killer Danny Rolling brutally killed 5 university students. His defense was that his behaviour was a result of an abusive father. ○​ Ex: Sample studies of convicted murderers show high percentages experienced serious abuse as children. ○​ Ex: Ivan the Terrible’s father died when he was 3 and his mother was poisoned when he was 8. His caretakers were often abusive with him and denied him affection and even food.​ Brutalization Process: When parents victimize their children, causing them to develop a belligerent and angry demeanor. Violence becomes directed toward siblings and other children. ​ Some research has shown that mental illness such as schizophrenia cannot be explained as a contributor to violent behaviour, and instead multiple factors including childhood experiences independently contribute to violence. Slide 13: Roots of Violence (cont’d)​ Evolutionary Factors/Human Instinct ​ Is it possible that violent responses are inherent in all humans, and that they simply need a trigger to emerge? ○​ Psychoanalytic approaches: Freud’s two basic instincts of Eros and Thanatos ​ Thanatos: Death instinct manifests itself internally as suicide or self-destructive behaviour, or externally as forms of violence inflicted on others. ○​ Biological and anthropological approaches: ​ Humans have inborn instinctual violence-promoting traits. ​ Aggressive behaviour is produced independent of environmental forces. ​ Ex: Aggression helps members of grazing species spread out over wider territory. ​ Biological traits linked to reproductive behaviour, male aggression, and testosterone, etc. ​ Ivan the Terrible was a man.​ QUESTION: What does this mean for crime prevention and control? Slide 14: Roots of Violence (cont’d)​ Cultural & Regional Values ​ Recall: Sociological Theories of Crime ​ Arguments that focus only on the individual fail to account for larger patterns of societal violence. ○​ Ex: Structural explanations for domestic violence or gender-based violence ○​ Ex: Research shows that violence is highest in those urban areas where subcultural values support teenage gangs (gang violence). ○​ Ex: Ivan the Terrible struck his daughter-in-law because he believed she was wearing inappropriate clothing. How did this perception of what is appropriate factor into this act of violence? Slide 15: Roots of Violence (cont’d)​ Substance Abuse ​ Is violence linked to substance abuse? ​ Violence is influenced by drug use in three ways: ○​ The actual effect of the drugs ○​ The need to obtain drugs ○​ In relation to drug trafficking ​ The effects of drugs: ○​ Recall: Biochemical theories of crime ○​ One study linked the effects of sugar to aggression. Alcohol consumption to domestic violence. ​ Ivan the Terrible had a mercury addiction, which he utilized as a painkiller. ○​ Common symptoms of mercury overdose include mood swings, irritability, and rapid emotional changes. ​ Alcohol and Domestic Violence Slide 16: So, why did he do it?​ Definitions of Crime - Homicide ​ Homicide: When a person kills another person. ​ Murder is defined as: ○​ The unlawful killing of a human being with malice aforethought. Slide 17: Homicide ​ Rate: There were 611 homicides in Canada in the years 2016. ○​ Shooting deaths: 34% ○​ Stabbing: 30% ○​ Beating: 22% ○​ Strangulation: 7% ○​ Shaken baby syndrome: 2% ​ Gendered: ○​ 73% of homicide victims were male. ○​ 90% of the accused are male.​ QUESTION: Why are perpetrators and victims of homicide disproportionately male? Can we use theory to make a clarifying generalization about this? ​ Strangers: ○​ Only 16% of solved homicides committed by a stranger. ○​ 84% by someone known to the victim. Week 12 How do we define violence? Distinct typologies​ Of crime Violent crimes are considered to be crimes that physically harm others Can low wages be considered a form of violence? How does victimology lend to stretching the definition of violence? Types of Violent Crime - Murder Homicide: When a person kills another person Murder is defined as:​ The unlawful killing of a human being with malice aforethought Homicide - Global statistics 81% of homicide victims were males with a majority between the ages of 15-29 years Although women and girls account for a smaller share of total homicides than men, they bear the greatest burden of intimate partner/family related homicides. Intimate partner/family-related homicide​ Women/girls: 64%​ Men/boys: 36% Intimate partner homicide​ Women: 82%​ Men: 18% Source: UN Global study on Homicide (2019) Homicide - Canadian statistics Rate: There were 847 homicides in Canada in the years 2022 (police reported) Shooting deaths: 41% (an increase from 34% in 2016)​ Stabbing: 30%​ Beating: 22%​ Strangulation: 7%​ Shaken baby syndrome: 2% Racial and colonial dimensions:​ 31% of homicide victims were racialized​ 27% of victims were identified as Indigenous Gendered:​ 73% of homicide victims were male​ 90% of the accused are male QUESTION: Why are perpetrators and victims of homicide disproportionately male? Can we use theory to make a clarifying generalization about this? Strangers: Only 16% of solved homicides committed by a stranger​ 84% by someone known to the victim Due to the length, I’ll need to split the content into multiple responses to ensure every word is included. Let me continue with the next sections. Continuing the word-for-word transcription: Different degrees of homicide Murder in the first degree​ When a person kills after deliberation Premeditation:​ The thinking out and planning of a crime​ This element of intent must be proven (beyond a reasonable doubt) by the prosecution in order to qualify the charge as first-degree murder Sentence: In Canada, a charge of murder in the first degree carries an automatic life sentence with no possibility for parole for 25 years Example:​ The killing of Chinese University student Jun Lin​ Perpetrator: Luka Magnotta​ Charge: 1st degree murder (life sentence) Murder in the second degree​ Requires that the actor had malice but not premeditation (the thinking out and planning of a crime) It occurs when the accused showed disregard for the victim or the desire to inflict serious bodily harm which resulted in murder Sentence: The minimum sentence is life in prison with no parole for 10 years Example:​ Last year in Toronto, two men were charged with second-degree murder after they got into an altercation with another individual where the individual was stabbed and died as a result of their wounds. Manslaughter (unlawful homicide) Voluntary manslaughter:​ A killing that occurred in the heat of passion or during a sudden quarrel with sufficient provocation to produce violence​ Intent may be present but malice is not Example:​ Someone kills another person during an act of self-defense, but they used more force than what was necessary/reasonable A murder charge may be reduced to manslaughter if the mental faculties of the perpetrator were impaired or if the homicide was committed in the heat of passion. Involuntary or negligent manslaughter:​ Occurs when a person’s actions are negligent and without regard for the harm that such actions might cause to others Example:​ Motor vehicle deaths caused by reckless driving Sentence: Manslaughter carries no minimum sentence, except when it is committed with a firearm, in which case the minimum sentence is four years in prison. Controversial involuntary manslaughter charge?…​ Last year an Ontario truck driver was charged with manslaughter and sentenced to 9 months in jail for hitting and killing someone, and leaving the scene of the crime The truck driver, who by his own testimony said he was ‘dosing off, drinking coffee and messaging on his phone’ when the accident happened. QUESTION: What charge should Ivan the Terrible receive following the death of his son? ​ Murder in the 1st degree ​ Murder in the 2nd degree ​ Voluntary manslaughter ​ Involuntary manslaughter Serial Homicide Serial killer:​ Three or more victims over a period of time Types of Serial Killers: 1.​ Visionary Killers: who commit psychotic murders in response to an inner voice 2.​ Mission-oriented killers: who kill persons considered undesirable (e.g., sex workers) 3.​ Hedonistic killers: thrill seekers who get sexual pleasure from their acts 4.​ Power/control-oriented killers: who enjoy having control over their victims Active serial killers today?​ The FBI estimates 20-50 active serial killers in the US Canadian context: Missing and Murdered Aboriginal Women and Girls Profile of a serial killer What is the best course of action in cases such as this? Mass murderers Mass murderer:​ Four or more victims in a single location, over a short period of time Example: School shooters Serial killers and mass murderers often have long histories of violence, starting in childhood However, one study in England identified serial killers who had no apparent personality problems until late in their lives, who were married and considered ‘respectable people’; some even had careers in the police service. Next, I’ll continue with the cybercrime and digital society slides. Continuing the word-for-word transcription: WEEK #12: Crime Typologies - Crimes in the 21st Century Required Reading: Chapter 14, “Crimes in the 21st Century” Cybercrime A new and growing group of offences that typically involve theft and misuse or destruction of information using computers, networks, and the internet. Categories of cybercrimes: ​ Cybertheft ​ Cybervandalism ​ Cyberwar ​ Cyberterrorism Class break (10 minutes) The Digital Society Our current century is referred to as the digital society Mobile technology, the ‘Internet of things’, and greater access to information have changed our sense of community and communication We are, particularly in a post-COVID world, increasingly integrating technology into our everyday activities (Banking, transit, education, dating, etc.) Statistics: ​ Canadians spend on average 1 hour a day on social media and more than 6 hours a day using the internet ​ Teens spend an average of 8 ½ hours a day online ​ The average American spends approximately 7 hours a day in front of/engaging with an electronic device Observation:​ If we sleep for 8 hours, that is 44% of our waking life. Key Features of the Digital Society ​ Constant communication ​ Growing digital footprint ​ More data collected from and about internet users ​ Increasing mutual surveillance (we watch them and they watch us) ​ The ability of users to actively seek out and filter their reality ​ Altered means and methods of communication ​ Expanse of the use of email and social media ​ Blurred lines between public and private Inequality in the digital society ​ Which demographics have greater access to the internet or greater technical skills in internet usage? ​ Impacts on democratic participation and providing a platform for marginalized groups ​ Online organizing (EX: #MeToo movement) The Growth of Cybercrime In the context of digital society, cybercrime is the fastest growing example of criminal activity Global statistics: ​ Worldwide there are an estimated 1,000,000 victims per day of some form of cybercrime ​ That is 11–12 people per second across the globe Economic costs of cybercrime: ​ Estimated $600 billion lost to cybercrime worldwide ​ Corporate losses: The movie industry (globally) loses an estimated $40–$97 billion annually due to digital piracy ​ Individual losses: In Canada, ‘romance scams’ are the highest with an estimated $22.5 million stolen annually from victims who reported being victims Trust the stats? ​ What are the real numbers? ​ The Canadian Anti-Fraud Centre (CAFC) estimates that only 5% of victims of digital fraud reported being a victim. What is Cybercrime? What exactly is cybercrime?​ Limited consensus on what exactly constitutes cybercrime (where does its line of definition end and begin?) RCMP definition:​ “Any crime where cyber – the internet or information technologies such as computers, tablets, personal digital assistants, or mobile devices – has a substantial role in the commission of a criminal offence.” David Wall’s (2001) four categories of cybercrime: 1.​ Cybertrespass: Unauthorized access to a computer system (i.e., hacking) 2.​ Cyberdeception and cybertheft: Financial and data theft; intellectual property theft; piracy; identity fraud 3.​ Cyberporn and cyberobscenity: Online trading of sexually illicit materials, including sex trafficking, sex work, sex tourism, and child sexual grooming 4.​ Cyberviolence: Various ways in which individuals can cause interpersonal harms to others (e.g., cyberstalking, cyberbullying, cyberharassment) Cyberbullying in the 21st Century Definition: The willful and repeated harm inflicted through the medium of online communications Cyberbullying as a violent crime? Cybercrime – New challenges The increasing spread of activities online (illegal/legal) has resulted in a number of complications: ​ Keeping pace with the development of technology, new crimes are rapidly evolving (whether in terms of strategy or content) ​ Cybercrimes are difficult to detect using traditional law enforcement practices ​ Regulating cybercrimes demands that law enforcement agents develop the technical skills that match those of the perpetrators The Dark Web​ The dark web is not a place but a term that describes parts of the internet that hide your identity and location Analogy:​ If the web is like a city, the dark web is the ability in this alternate reality to essentially be invisible (to communicate, engage, exchange, and travel without any trace or visibility) State-initiated cybercrimes Cyberspying as a form of cyberstalking? Alongside the development of the internet has been the parallel ability of the state to engage in greater surveillance of citizens Example:​ In 2013, Edward Snowden revealed thousands of documents detailing a massive global surveillance operation Key development:​ Surveillance to the extent it exists today received further legitimization following the attacks on New York and Washington D.C. on September 11th, 2001 QUESTION:​ Does government surveillance constitute a violation of individual civil rights? Political Crimes in the 21st Century Definition:​ Political crime involves illegal acts that are designed to undermine an existing government and threaten its survival Key aspects:​ Political crimes can include both violent and non-violent acts and can range in seriousness from dissent, treason, espionage, to terrorism and assassination Motivations of political criminals: ​ Intimidation: Threatening those who do not share their views ​ Revolution: Overthrowing the existing government ​ Profit: Selling state secrets or trafficking stolen arms ​ Conviction: Believing their crimes will benefit society ​ Pseudo-conviction: Concealing motivations behind a mask of altruism Case Study: Julian Assange In 2010, Julian Assange, the founder of WikiLeaks, published 400,000 classified documents on the Iraq War. Key revelations:​ Released videos and documents revealed human rights violations and massacres at the hands of US and allied forces in Iraq. Consequence:​ 22-year-old Bradley Manning was arrested for releasing 260,000 classified U.S. diplomatic cables to WikiLeaks. Political crimes (cont’d) Types of political crimes include: ​ Election fraud: Illegal interference with an election process (can include voter intimidation) ​ Treason ​ Espionage ​ Industrial Espionage ​ State political crimes: Illegal actions by a state against its population or other sovereign governments ○​ Example: US invasion of Iraq under the false pretext of finding ‘Weapons of Mass Destruction’ Terrorism:​ A wide variety of violent acts that have a political motivation. They can be committed both against a state and by a state Terrorism Types of terrorism include: ​ State terrorism/State-sponsored terrorism ​ Eco-terrorism ​ Nationalistic terrorism ​ Political terrorism Key questions: ​ When are a group of individuals considered terrorists vs. ‘rebels’ vs. freedom fighters? ○​ Examples: ​ The Mujahideen in Afghanistan during the 1980s/1990s ​ Nelson Mandela and the ANC struggle against Apartheid in South Africa (taken off the US terrorist list in 2008) Discussion point:​ How does race/ethnicity factor into who is deemed to be a terrorist and who isn’t? Week 13 Slide 2:​ Our main focus in the second half of the course ​ Theories of Crime ○​ Choice Theory ○​ Trait Theories (Biological and Psychological) ○​ Social Structure Theories ○​ Social Process Theories ○​ Social Conflict Theory ​ Crime typologies ○​ Violent crimes ○​ Property crimes ○​ White collar/corporate/organized crime ○​ Public order/moral crimes ○​ Crimes of the 21st century Slide 3:​ Crime Typologies ​ Violent Crimes: Crimes that physically harm others ​ Property Crimes: The misappropriation of other people’s property ​ White-Collar Crimes: Crimes requiring the abuse of power ○​ Technically classified as ‘non-violent’ ​ Public Order Crimes: Public Moral Offences ​ Cybercrimes: Theft or destruction of information using computers, networks, the internet Slide 4:​ RECAP ​ Violent crime(s): ○​ What are the roots of violence? ○​ How should murder be classified? ​ Crimes of the 21st Century: ○​ Our focus here was on how existing crimes are evolving in conditions specific to the 21st century ○​ We also looked at new forms of criminal behaviour (criminality), as well as novel crimes ○​ Note: Criminality and crime are distinct ​ Criminality = A personal trait ​ Crime = An event ​ Cybercrimes: ○​ Why are they difficult to regulate? Slide 5:​ Recap – Political Crimes ​ Types of political crimes include: ○​ Election fraud: Illegal interference with an election process (can include voter intimidation) ○​ Treason: Betraying one's country or government ○​ Espionage: ○​ Industrial Espionage ○​ State political crimes: Includes illegal actions by states against their population or other states ○​ Terrorism: A wide variety of violent acts that have a political motivation. ​ They can be committed both against a state and by a state. ○​ Nelson Mandela remained on the U.S. terrorist list until 2008 Slide 6:​ Terrorism ​ Types of terrorism include: ○​ State terrorism/State-sponsored terrorism ○​ Eco-terrorism ​ Earth Liberation Front (radical environmentalism) ○​ Nationalistic terrorism ○​ Political terrorism QUESTION: When are a group of individuals considered terrorists vs ‘rebels’ vs freedom fighters? ​ Examples: The Mujahideen in Afghanistan during the 1980s/1990s ○​ Nelson Mandela and the ANC struggle against Apartheid in South Africa (taken off the U.S. terrorist list in 2008) ​ How does race/ethnicity factor into who is deemed to be a terrorist and who isn’t? Slide 7:​ Gender-based violence as a form of terrorism/as a political crime? ​ Since 2001: ○​ 194 Canadians have been killed in ‘terrorist’ related incidents ○​ Every year an average of 103 women and/or girls are victims of gender-related homicides (primarily by intimate partners) ○​ Some estimates put it at 1 woman/girl every 48 hours. [Canadian Femicide Observatory for Justice and Accountability, 2022] ○​ Since 2001 that adds up to approximately 2,472 women/girls in Canada have lost their lives to gender-based violence ​ Shelters: ○​ On any given night in Canada, 3,491 women and 2,724 children sleep in shelters because it isn’t safe at home ○​ Out of the 4,476 women and 3,493 children staying in shelters on April 16, 2014, 78% (or 3,491 women and 2,742 children) were there primarily because of domestic abuse (Sara Beattie and Hope Hutchins, Statistics Canada, 2014) Slide 8:​ Are not all crimes, crimes of power? ​ Offender vs victims: ○​ Gendered violence ○​ Hate crimes ○​ State-crimes ​ “Power is everywhere, diffused and embodied in discourse, knowledge, and ‘regimes of truth.’” – Michel Foucault Slide 9:​ The crimes of the rich and powerful ​ The classic definition of “white-collar crime”: ○​ As a term it was first used to describe criminal activities of the rich and powerful ○​ “...conspiracies by the wealthy to use their position for personal gain without regard for the law” ​ Contrasted to ‘blue-collar crime,’ understood to imply those illegal activities carried out by powerless, everyday individuals Slide 10:​ Re-defining white-collar crime ​ Contemporary criminologists have broadened the definition, focusing more on the form of the crime as opposed to the perpetrator (you don’t have to be wealthy to commit a white-collar crime) ​ Key points: ○​ It is not just with respect to individuals of high status or wealth ○​ It includes individuals otherwise defined as ‘blue-collar’ ○​ It involves the committing of an illegal act during the course of an otherwise legitimate occupational activity Slide 11:​ White-collar crimes (Cont’d)​ White-collar offences involve individuals using their position of trust, in business or government, to commit crimes such as: ​ Swindling ​ Chiselling ​ Pilfering ​ Exploitation of institutional position ​ Soliciting bribes ​ Embezzlement ​ Fraud Slide 12:​ Examples of White-Collar Crime 1.​ Stings and Swindles: Involves stealing people’s money through deception ○​ Examples: ​ Selling faulty merchandise ​ Fake diet pills 2.​ Chiselling: ○​ Cheating an organization or its consumers ○​ Examples: Bogus repairs, securities fraud, insider trading Individual Exploitation of Institutional Position ​ Involves individuals exploiting their power to take advantage of others. ​ Example: A fire inspector demanding money from a restaurant owner before granting an operating license. ​ This type of offense occurs when the victim has a clear right to expect a service but the offender threatens to withhold the service unless payments/bribes are made. Influence Peddling and Bribery ​ Individuals in important institutional positions sell power, influence, and information to outsiders. QUESTION: What are some consequences of a crime such as this? Slide 14:​ Examples of White-Collar Crime (cont’d)​ Embezzlement and Employee Fraud ​ Individuals use their position to embezzle company funds or company property. ○​ Examples: ​ Employee theft of money or merchandise. ​ Management theft of company assets. Client Frauds ​ Theft by a client from an organization. ○​ Examples: ​ Medical insurance fraud. ​ A New York State sting operation busted 20 medical professionals for fraudulently overbilling insurance companies by overreporting patient visits or making them up entirely. ​ One doctor billed a patient 150 times for only 11 visits. ​ Tax evasion: Under-reporting one’s income. ​ In Canada, the ‘underground economy’ constitutes approximately 3% of the gross national product, valued at $41 billion. Slide 15:​ Corporate Crime ​ Corporate representatives violate laws that restrain institutions from doing social harm. ○​ Examples: ​ Trade and price-fixing. ​ False advertising. ​ Corporate crimes target both the public and other corporations. Slide 16:​ Regulating White-Collar Crime ​ What are the chances of dissuading white-collar crime in conditions of intense competition? ​ How can police practices adapt themselves to increase monitoring and investigation of white-collar crime? ​ What is a valid crime prevention strategy? ○​ Deterrence? ○​ Harsher prison sentences? Slide 17:​ Final Exam Review ​ Don’t forget: ○​ Date: Friday, December 6th ○​ Time: 12:00pm ○​ Duration: 90 minutes ○​ Location: KHW271 ○​ Format: 50 multiple-choice questions ○​ Bring: Pencil, eraser, student ID. Slide 18:​ What will the m/c be like? ​ Question example: ○​ Which statement would a proponent of utilitarianism be most likely to say? 1.​ The law is best when it punishes wrongdoers, no matter the effect of such punishment. 2.​ All punishments are harmful, and their use is only warranted if the punishment prevents greater evil than it creates. 3.​ A king may do whatever he pleases. 4.​ Ethical and moral decisions should act as our guide when deciding on punishment. Slide 19:​ What will the m/c be like? ​ Question example: ○​ Which level of analysis focuses on the personal characteristics specific to the offender and/or victim? 1.​ Macro 2.​ Holistic 3.​ Individual 4.​ Situational Slide 20:​ What to review? ​ Weeks 6, 8, 9, 10, 11, 12, 13 (‘weeks,’ not chapters/readings). ○​ Includes textbook AND class material. ​ Theories of Crime (Section 2): ○​ Choice Theory (Week 6). ○​ Trait Theories (Week 8). ○​ Social Structure Theories (Week 9). ○​ Social Process Theories (Week 10). ○​ Social Conflict Theory (Week 10). ​ Crime Typologies (Section 3): ○​ Violent crimes (Week 11). ○​ Crimes of the 21st Century (Week 12). ○​ White-collar/corporate/organized crime (Week 13).

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