SOCI 225 Notes PDF

Module 1- Crime, Criminals and Criminology What is criminology: Body of knowledge regarding crime as a social phenomenon ○ Includes: Processes of making laws Processes of breaking laws Reacting to the breaking of laws...

Module 1- Crime, Criminals and Criminology What is criminology: Body of knowledge regarding crime as a social phenomenon ○ Includes: Processes of making laws Processes of breaking laws Reacting to the breaking of laws ○ Objective: development of a body of general and verified principles and of other types of knowledge regarding this process of law, crime and treatment Describe different subject areas studies by criminologists: 1. Criminology Objective: Development of a body of general and verified principles and of other types of knowledge regarding this process of law, crime and treatment 2. Origins and roles Where do laws come from? Difference between laws, customs and norms? Where is the underlined authority? Statutes and cases ○ Decide an ethical framework for society 3. Social distribution Is crime the same? Evenly distributed? Focuses more on specific types of social groupings on the population? 4. Causation of Crime A>B A range of -1…0…+1 ○ -1: never have the variable below ○ +1: always have variable above ○ Example: if they fall around range of 0.3 or higher, there is a high probability of crime 5. Patterns of Criminal Behaviour Are there patterns? What are they? Is there anything we can learn from the fact that there are patterns? 6. Societal reactions to crime How does society deal with crime? Deal with the people who commit crimes (Different societies deal with them in different ways) Origins and role of the law: British North America Act 1867 (BNA): ○ Created the dominion of Canada, an enactment of the parliament of the United Kingdom Section 91- Federal government has jurisdiction over: criminal law Waterways Taxation divorce Section 92- Provinces have jurisdiction over: property and civil rights administration of justice Marriage Health Education Highways Levels of court (Highest to lowest) Supreme Court of Canada ○ Any other kind of case you have to apply to the court and the majority of the time, they dismiss your application of appeal ○ Only deals with matters that have considerable amount of importance ○ Example: international treaties Alberta Court of Appeal ○ Not trialed court unlike kings bench and Alberta court of justice ○ Hears appeals by one party or the other of decisions made at either of the latter levels ○ The accused from the king's bench can appeal to the court of appeal which has 3 judges. If all three agree what will happen on an appeal, it is very unlikely for another appeal ○ There is an automatic right of appeal if the judges disagree, which goes to the supreme court of canada Kings Bench: ○ Superior jurisdiction ○ Deals with everything ○ Appointed by federal government  Alberta Court of Justice ○ Criminal ○ Family ○ Civil Role played by rules in our daily lives and how these rules can be formalized by law Behaviour is influenced by norms, many of which we have internalized Outside of norms= deviance: you have gone too far (considered criminal acts with punishments) We don't consciously think about the rules that govern our behaviour Usually, rules are enforced through informal means such as the disapproval of friends and family Law exists in cases where order can no longer be maintained through informal rules Crime Definition of crime: legally, crime is defined as an act that violates the criminal law and is punishable with jail terms, fines and other sanctions Consensus: Societal reactions? Severity of societal response, degree of harm Value and moral issue: Helps to illustrate that crime is a cultural construct- in any given culture, society at any given time, what is or is not a crime will vary from culture to culture Who makes the rules? Census perspective: ○ in a society most of the time, most of the people will agree on the things that are typically are considered to be crimes ○ Governments give legislative authority to empower those laws Conflict perspective: ○ Those who are in power typically are also the people who have the most material goods and wealth are the ones who end up forming a government. These people enact laws to preserve and protect themselves and their wealth and prevent those not part of that inner circle from joining it. Terrorism Studies: Wars used to be fought between parties Waging war against the population and the idea is to invoke terror Mass Murder: 4 or more people killed ○ Only a few times is it acted on a overarching political or social idea- it has under minded in our society ○ The law is supreme and everybody is treated the same under the law, however this is no longer the case ○ **if someone is suspected of being a terrorist, they can be arrested and held in a secure jail WITHOUT being charged or having the opportunity to talk to lawyer without the opportunity to appear in front of the judge and without knowing what they are being charged with Module 2- The Social Context of Dispute Settlement and the Rise of Law 1. Origin of Laws and Societies ○ Laws are established by governments; a state is necessary for formal laws to exist. ○ In early hunter-gatherer societies, norms governed behavior, focusing on conflict resolution and community cohesion. Conflicts were resolved through kin or self-redress, where the injured party confronted the offender, often with the help of respected individuals in the community 1. 2. Stages of Societal Development (Leansky's Framework) ○ Hunter/Gatherer (500,000 - 50,000 years ago): Norms governed behavior with no formal laws. ○ Pastoral Societies (75,000 - 200 years ago): Domestication of herds and mobility with seasonal changes. ○ Horticultural Societies (50,000 - 100 years ago): Emergence of personal property, but still no surplus. ○ Agricultural Societies (15,000 - Present): Surplus creation, social stratification, and the rise of formal laws and governance structures like chiefs and councils 1. ○ Industrial and Cybernetic Societies: Transition to industrialization and the knowledge age, focusing on how technology impacts law 1. 3. Legal Evolution in England and Canada ○ The legal system in Canada is rooted in English law, with historical statutes like the Statute of Frauds (1535) still in effect 2. ○ The concept of "Crown land" means that while individuals may possess land, the ultimate ownership lies with the Crown 2. 4. Common Law and Legal Proceedings ○ Common law is characterized by judicial interpretation, where judges determine the meaning of legislation 2. ○ Criminal cases are framed as "R (the Crown) versus offender," illustrating that crimes are viewed as offenses against the state rather than just individual victims 2. 5. Changes in Power Dynamics ○ Historical shifts from feudal lords to a merchant class during the Industrial Revolution altered the power structure, leading to the establishment of parliamentary systems 3. ○ The criminal code in Canada was consolidated in 1894, providing a comprehensive legal framework 3. 6. Role of Law in Society ○ Law regulates human affairs by prohibiting, permitting, or requiring certain behaviors 4. ○ Social issues often lead to lobbying for new laws; moral entrepreneurs advocate for legal changes based on perceived social harms 4. 7. Economic and Social Implications ○ The chapter discusses the influence of wealth accumulation, highlighting that a small percentage of individuals control a significant portion of global wealth 1. ○ White-collar crimes and corporate fraud are noted as significant societal issues, with different implications for sentencing based on community impact 4. 8. Restorative Justice vs. Deterrence ○ The justice system is traditionally based on deterrence (both specific and general), operating on the assumption that people weigh the costs and benefits of their actions 4. ○ There is a contrast between traditional punitive justice and restorative justice, which focuses on healing the harm caused by offenses 4. Important Examples ○ The Black Act: Legislation that expanded capital offenses significantly, targeting specific criminal behaviors 4. ○ Ford Pinto Case: Illustrates legal accountability in product safety, showing the complexities of corporate responsibility and consumer rights Discussion Post 1: I believe that criminologists have a crucial role in understanding political polarization. Political polarization can influence crime and criminal justice in multiple ways, depending on different societal values and merits, and a difference in political views can lead to conflicting stances. Because of the increasing political polarization into the “left” and “right” winged positions, criminologists can use their expertise to study how these polarized views impact criminal behavior and societal responses to it through collecting information, analyzing it and forming a better understanding on why certain crimes are committed, the motives behind crimes and different influences. Criminologists have the knowledge and ability to provide guidance on understanding fair policies to ensure the needs of society are met and valued, and understanding the ways different ideologies shape the public can help guide a more balanced and inclusive world. They offer crucial insights into how different political views impact crime, justice and fairness through the development of an evolving society. Chapter 3: Criminal Law Crime is an act that is prohibited by law for which if a person reaches a prohibition there is a sanction of a penalty. In order for it to be a true criminal law the penalty must be directed to a public evil (threat to public) 3 kinds of crimes: 1. Indictable (felony/serious): sentence that falls above 2 years in prison 2. Summary (misdemeanors): maximum sentences is less than 2 years. Served their jail sentence in provincial 3. Hybrid (most common): offense can be either indictable or summary a. Uttering, conveys or causes threats *The crown prosecutor decides if its an indictable or a summary. They have the right to exercise their professional opinion with respect of any situation/case - The accused will be called - Offence council will step up to a table on the left, prosecutor on the right - Clerk of the court will read charges - Crown will be asked how they wished to proceed - Prosecutor will decide either indictable or summary, once they choose it cant be changed - Indictable: are you ready to make an election on behalf of your client? - Summary: are you ready to make a plea? Charter impact on the law: - Charter was an act of the British parliament but applies only to Canada - Sets out fundamental rights and freedoms that have been understood to exist in our legal system - Sets them out in very clear terms in one place Elements of a crime: - The Actus Reus: - Conduct (what happened). Has to be voluntary; the person actually voluntary committing the act - Circumstances ( in which the event occurred) - Consequences (what was the result) *Automatism: the act was involuntary  - Example: 1850 England: blacksmith is putting horseshoes on the hose, and the horse kicks him in the back of the head. Blacksmith didn't die, but grabs a knife and kills someone random and passes out again unconscious, no guiding mind therefore it was an involuntary act.. He was charged with first degree murder - Mens Rea: guilty intent - Subjective: (Serious crime like murder) - What was the actual intention of the accused? - What did they intend to do at the time? - Were they reckless? - Were they willfully blind? - Objective: (less serious crime) - What would a reasonable person in the same circumstances do? - Actual intention - Recklessness - Wilful blindness Becoming a party to a criminal offense: - Individuals can be convicted of criminal offenses even if they are not the persons who actually commit the crime - Section 21(1) criminal code: anyone is a party to a criminal offense who: - 1: actually commits it - 2: aids another person to commit - 3: abets (encourages) any person to commit it Legal Concepts Counseling and Aiding: Encouraging or assisting someone to commit a crime can lead to being charged as if one committed the crime themselves. Inchoate Offences: Crimes that involve planning or attempting to commit another crime to prevent future offenses. Defenses in Criminal Law 1. NCRMD (Not Criminally Responsible due to Mental Disorder): Inability to understand the nature of the act due to a serious mental disorder. 2. Mistake of Fact: Reasonable misunderstanding of circumstances that can lead to a not guilty verdict.  3. Intoxication: Can serve as a defense if it impairs the ability to form the intention required for a serious offense. 4. Necessity and Duress: Defense based on circumstances where not committing the crime would lead to worse outcomes. 5. Self-defense: Right to use reasonable force to protect oneself, but cannot exceed the level of threat posed. Counting Crime Importance of accurate crime statistics for policy-making. Challenges include ensuring reliability and validity of data, counting methodologies, and definitions used across different jurisdictions. Key Points on Crime Statistics 1. Unit of Count: What exactly is being counted (e.g., incidents, individuals). 2. Levels of Aggregation: Scope of the data collection (e.g., local, provincial, national). 3. Definitions: Ensuring consistency in how crimes are defined across different jurisdictions. 4. Data Elements: Agreement on how to organize the data for analysis. 5. Consensus on Counting: Police reports must be standardized (e.g., Uniform Crime Reports). 1. Chapter 4: Counting Crime: 2. Importance of Counting Crime Counting crime provides essential data for developing policies and understanding the impacts of crime Reliability and validity of the methodologies used are crucial for accurate counting 3. The Crime Funnel The crime funnel illustrates the decreasing number of crimes reported as they move through the criminal justice system, from initial incidents to charges and convictions Theories and facts shape one another, with ideology often being based more on belief than on evidence 4. Statistics in Criminal Justice The statistics typically examined include: Crimes and Criminals Justice System Responses Public Perceptions 5. Challenges in Evidence-Based Legislation There is often a disconnect between public perception and empirical evidence, making it difficult to base legislation on actual data Methodology for Counting Crime: 1. Administrative Records Utilize police reports, court files, and corrections records to gather data 2. Steps After Finding Records Unit of Count: Identify what is being counted (e.g., incidents in police reports can involve multiple people or crimes) Levels of Aggregation: Determine the scope of the data (e.g., city vs. province) Definitions: Ensure consistency in definitions across different jurisdictions Data Elements: Reach an agreement on categorization to extract relevant information Consensus on Counting: Uniform Crime Reports (UCR) must be standardized to ensure consistency in reporting 3. Understanding Crime Statistics  Changes in laws and population can influence crime statistics 3. The "dark figure of crime" refers to unreported crimes, which Statistics Canada estimates at 30-35% of all crimes 4. Memory biases and inaccuracies can affect self-reported crime data from victimization surveys 4. Crime Reporting Nuances: 1. Hierarchical Counting In incidents involving multiple crimes, only the most serious crime is counted (e.g., in a case with murder, assault, and break-and-enter, only the murder is recorded) 5. 2. Bias in Crime Counts Crime statistics often reflect a bias toward serious crimes, with less than 30% of all reported crimes being classified as serious or violent 5. 3. Victimization and Self-Report Surveys Victimization surveys help identify the characteristics of crime victims, commonly showing young males as the typical victims 6. Self-report surveys by offenders are generally reliable as they tend not to exaggerate behaviors, especially among adolescent males 6. 4. UCR2 Form A more detailed form filled out for every tenth crime, providing qualitative data that helps in profiling crime patterns Chapter 5: Correlates of Criminal Behaviour 1. Correlation vs. Causation: Correlation is a relationship between two or more variables, measured on a scale from -1 (negative correlation) to +1 (positive correlation), where 0 indicates no correlation. Causation implies that if A occurs, B must also occur. 2. Risk Factors and Risk Management: Understanding the probability of engaging in criminal behavior involves identifying risk factors. Risk management aims to reduce risk, while risk aversion seeks to eliminate it. Factors Influencing Criminal Behavior: 1. Age: There is a high correlation between younger ages (adolescence to early adulthood) and criminal behavior due to brain development and the understanding of consequences (maturational reform) 1. 2. Gender: Males are 10 times more likely to engage in criminal activity 1. Factors contributing to this include family treatment during upbringing and trauma experienced in childhood. Girls tend to recover from trauma better than boys 1. 3. Race: In Canada, racial data is not consistently recorded in crime reports. However, Aboriginals represent 30% of the incarcerated population despite being only 4% of the total population 2. Historical and cultural contexts, such as the impact of residential schools, play a significant role in understanding these disparities 2. 4. Education: Higher education levels correlate with better employment opportunities and higher income, while incarcerated individuals often have lower educational attainment 2. 5. Drug and Alcohol Use: A strong correlation exists between drug and alcohol use and criminal behavior. Many incarcerated individuals report substance use as a factor in their crimes 2.  6. Socio-Economic Status: The evidence is mixed; some studies suggest that lower socio-economic status correlates with higher crime involvement, while those in such statuses are also more likely to be victims of crime 3. 7. Location: Crime rates can significantly vary by location, with specific provinces showing different prevalence rates 3. Important Theories and Reports: Critical Race Theory: Suggests biases in the criminal justice system against Aboriginals, affecting sentencing 2. Gladu Report: Emphasizes the need to consider life circumstances and family history in sentencing, particularly for Aboriginal individuals Chapter 7: Victimology, Victim services and Victim rights Overview The role of victims is critical in the criminal justice system, as they provide evidence of the crime. The Victim Rights Movement advocates for better consideration of victims in the justice process. Concerns exist about the balance between victim involvement and the objectivity of the justice system, particularly regarding sentencing and the potential for vengeance. Key Points 1. Victim Rights and Services Victims should receive more recognition and support within the criminal justice system, beyond just being seen as evidence. The United Nations can play a role in promoting empathy and support for crime victims. 2. Challenges in Reporting and Support Less than one-third of victims report crimes to the police, indicating a significant gap in justice access. Victim statements do not influence sentencing outcomes, and there is no formal complaint procedure under the Federal Bill of Rights 189. 3. Community Support for Victims Victim services are typically provided by small community agencies, often in conjunction with police services. The emotional impact of victimization extends beyond the individual to friends, families, and workplaces, complicating the measurement of these effects 190. 4. Trends and Financial Considerations Despite decreasing crime rates, the population has increased, and inflation from 2008-2015 has led to rising costs in the correctional system, estimated at around $100 billion annually. There is a call for reallocating funds towards crime prevention rather than solely punishment, as seen in Edmonton's budget where 1/3 is allocated to crime-related expenses. 5. Victims' Rights  Right to Recognition: Victims deserve acknowledgment within the system. Right to Information: Victims often lack updates on their cases unless required to attend court. Right to Assistance: Support from knowledgeable individuals is crucial. Right to Reparation: Victims should receive restitution for losses incurred, though this is often limited to certain types of crimes. Right to Protection: This includes measures such as witness protection for those testifying against offenders. Right to Participate: Victims should have a voice in the trial process. Right to Effect Policies: Involvement in policy-making can help reduce victimization. Right to Implementation: Ensures that all rights are enacted effectively 1. 6. Victim Fund Surcharge A victim fine surcharge is imposed after conviction to fund victim services, but its effectiveness and enforcement can vary. Judges have discretion regarding the surcharge amount, typically between $50-$100, with a maximum of $250 unless justified otherwise 2. 7. Critique and Community Collaboration Criticism of government spending on victim services, particularly under the Harper administration, highlights the need for more focus on crime prevention strategies. Collaborative efforts between communities and police are essential, as they recognize the dual potential for citizens to be either criminals or victims 204. 8. Legal Actions and Time Consumption Victims can pursue legal action for damages, but this process can be lengthy and complicated 206. 9. Strategies for Reducing Victimization Recommendations include community treatment for at-risk individuals, collaboration among agencies, and careful evaluation of implemented strategies. A legislative directive in 2007 emphasized the importance of studying safe communities