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Lecture 1

SOC 1500 Lecture 1: Final Review

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SOC 1500
Ryan Broll

SOC*1500- Crime and Criminal Justice Chapter 10: Social Exclusion and Crime: Youth What is Social Exclusion? ➢ “theprocessofbeingshut out,fromanyofthesocial,economic,political,orculturalsystems that determine the social integration of person into society” (Walker and Walker, 1997:8) ▪ Often related to citizenship ➢ Social exclusion is multi-dimensional construct ▪ Poverty, gender, race, sexual orientation, etc. ➢ How does exclusion influence criminal offending and victimization? Homeless Youth ➢ Homeless youths’ circumstances often lead to crime ▪ Homeless youth who feel the most excluded are at the greatest risk for committing a crime ➢ Gaetz and O’Grady (2002) found homeless youth are involved in many money-making activities ▪ Youth with the most troubled backgrounds and facing the worst immediate situation were the most likely to make money by engaging in risky or illegal activities Youth Gangs ➢ “a group of… individuals with identifiable leadership… claiming control over territory… and engaging either individually or collectively in violent or other forms of illegal behaviour” (Miller, 1975: 9) ➢ Often depicted as a “race” problem ▪ Black in Toronto, Asian or South Asian in Vancouver, Aboriginal in Prairies ➢ Growth in American youth gangs attributed to: 1. Loss in inner-city working class jobs 2. Rise in illegal drug trade ➢ Paradoxically, many youth are initially attracted to gangs for protection ▪ Source of social support School-to-Prison Pipeline ➢ Form of exclusion often based on race and ethnicity ➢ Increasing contact students have with the youth and developed correctional systems because of educational systems ▪ Therefore, educational practices lead to increased contact with correctional systems for some youth ➢ Suspension and expulsion increase risk of dropping out ➢ Dropping out increases risk of involvement of CJS Zero-Tolerance Policies ➢ Predetermined consequences for specific offences ➢ Introduced in the 1980s to eliminate drugs from schools, became widespread in the 1990s to address gun violence ▪ Rapid expansion in the post-Columbine era ▪ 95% of suspensions for non-violent offences School Resource Officers (SROs) ➢ Number of SROs in schools increased by nearly 40% between 1997 and 2007 ➢ School discipline increasingly handled by police, not schools ▪ Increased use of profiling… But, no shootings by Black or Latino youth in 1990s! ▪ Result: 600% increase in juvenile court referrals over a three-year period The “Discipline Gap” ➢ Black and Latino students disproptionately affected ▪ Between 1999 and 2007 the percent of white students suspended decreased, but the percent of black students suspended increased by 21% ▪ Discretionary vs. non-discretionary offences Chapter 11: Youth Crime and Justice Historical Overview ➢ 1908: Juvenile Delinquents Act ➢ 1984: Young Offenders Act ➢ 2003: Youth Criminal Justice Act Juvenile Delinquents Act [1908] ➢ Youth considered to be in a “state of delinquency” ➢ Justice system based on welfare principles ▪ Philosophy of parens patriate (“parent of the country”) ▫ Protecting and promoting the well-being of young people ➢ Youth considered amenable to reform and in need of specific treatment ▪ Established separate court and correctional systems for youth ➢ Courts given extensive powers ▪ Most cases to be handled as summary offences ▪ Indictable offences may be tried in adult court Opposition to the Juvenile Delinquents Act 1. It was not punitive enough 2. Concern about abuses to children’s’ and parents’ rights 3. Questioning parens patriate as a foundation for juvenile justice Young Offenders Act [1984] ➢ “[The YOA] is based on a new set of fundamental assumptions reflecting [cultural] evolutions and inspired, as, well,byextensiveresearchand amoresophisticatedknowledge of human behaviour generally, and the moral and psychological development of children in particular” (Judge Archambault 1986: 45) ➢ Introduced new principles to the youth justice system emphasizing: 1. Youth accountability- Youth must take responsibility for their behaviour, but they have limited accountability 2. Protection of society as a “primary objective of criminal law” 3. Youth havespecial needs andinterventionshouldbecommensuratewith theiroffence 4. When the protection of society is not compromised, alternative measures should be considered 5. Youth have special legal rights and freedoms under the act ➢ Based on the justice or modified justice model ▪ Later revisions moved it in direction of control model ➢ Critics argued that: ▪ The YOA was too “soft” on youth crime ▪ The use of the courts and custody had risen Youth Criminal Justice Act [2003] ➢ Purpose of a youth justice system is protection of the public through crime prevention, rehabilitation, and meaningful consequences ▪ “Fair and proportional accountability” is emphasized ➢ At the same time, the YCJA emphasizes restorative justice principles Division under the YCJA ➢ The YCJA encourages diversion via: ▪ Extrajudicial measures ▫ Less formal response to crime that can be used instead of formal charges and court proceeding (e.g., police warning, referral to community program) ▪ Extrajudicial sanctions ▫ Formal type of extrajudicial service, determined by Crown ▫ E.g., counselling, communityservice, restitution, makingan apology, writing an essay about behaviour Sentencing under the YCJA ➢ “All available sanctions other than custody that are reasonable in the circumstances must be considered” ➢ Sentences cannot be greater than for an adult convicted of the same offence in similar circumstances ➢ Custody cannot be used as a social service ➢ The most serious violent offenders may be sentenced as adults ▪ Determined just prior to sentencing ▪ Initially, onus on youth convicted of “presumptive offences” (murder, attempted murder, manslaughter, or aggravated assault) to convince judge should be sentenced as youth ▫ Struck down as violation of Charter by SCC; onus on Crown to justify adult sentence Historical Overview: Guiding Principles ➢ Juvenile Delinquent Act ▪ Welfare ➢ Youth Offenders Act ▪ Modified Justice ➢ Youth Criminal Justice Act ▪ Crime Control Chapter 12: Minority Groups Police Street Checks (“Carding”) ➢ Police intelligence gathering policy that involves stopping, questioning, and documenting individuals ➢ Police perspective: Proactive community engaged crime prevention ➢ Critics perspective: Primarily targets black citizens, racial profiling Police Street Checks and Race ➢ Wortley and Owusu- Bempah [2011] ▪ Surveyed 1, 522 metro Toronto residents who identified as black (n=513), Chinese (n=504), or (n= 505) ▫ Is racial profiling perceived as a problem? ▫ Are police street cheeks free or racial bias? ▫ How are police stops interpreted? ▫ Is vicarious racial profiling common? ➢ Blacks are 3 times more likely to experience multiple police stops and are 3 times more likely to searched during these stops ▪ They are also more likely to interpret these stops as unfair ➢ Blacks are6timesmorelikelytohavefriendsorfamilymemberswhowereraciallyprofiled Lethal Police Violence ➢ Criminal Code of Canada: ▪ Deadly force is justified if an officer believes on reasonable grounds that such force is necessary for preservation of his/her life or the lives of others in the encounter ➢ Officer Characteristics ▪ Male ▪ < likely to be college educated ▪ Lower rank (e.g., Cst.) ➢ Suspect Characteristics ▪ Black and Hispanic ▪ High population ▫ Racial heterogeneity Impact of Exclusionary Practices: Calling 911 (Desmond et al. 2016) ➢ 2004 beating of Frank Jude in Milwaukee ➢ Residents of black neighbourhoods less likely to call 922, including to report violent crime ▪ Net loss of 20,000 911 calls ▪ Police violence affects attitudes and behaviours Impact of Exclusionary Practices: Convicts and Employability ➢ Experimental design, interested in proportion of applications that elicited callback’s ➢ Ex- offenders are ½ to 1/3 less likely to be considered for employment ➢ Blacks are ½ as likely as whites to be considered for employment ▪ Black non-offenders less likely to be called back than white offenders Chapter 13: Violence Against Women Terminology ➢ Domestic violence is broad ➢ Spousal violence is limiting ➢ Intimate partner violence (IPV) is specific Types of IPV Physical abuse Sexual abuse Psychological abuse Economic abuse ➢ Kelly and Johnson (2008) distinguish between 4 types of IPV: ▪ Coercive controlling violence ▫ Most often experienced by women ▪ Situational couple violence ▫ Experienced by men and women ▪ Violent resistance ▫ Usually used by women ▪ Separation- instigated violence ▫ Perpetrated equally by men and women How common is it? ➢ Well-known that IPV is underreported to police ▪ Official statistics are a poor measure ➢ Victimization approach ▪ VAWS (1993) ▪ GSS (every 5 years) ➢ 4% of Canadians were physically or sexually abused by their current or former spouse in the last 5 years ▪ 41% of victims continued to be abused post-break-up ▪ Most severe forms of violence more likely to be reported by women ➢ 70% of incidents were not reported to the police ➢ Aboriginal people were more than twice as likely (9%) to report experiencing IPV The Cycle of Violence ➢ Honeymoon ➢ Tension building ➢ Acute explosion Today’s Legal Responses to IPV ➢ Canada’s does not have a national IPV strategy ▪ All provinces and territories support belief that IPV is a criminal matter ➢ Pro-arrest and pro-prosecution policies ➢ Domestic violence courts ▪ Goals: Increase victims’ safety. Make offenders more accountable Chapter 14: Victimization Victimology ➢ A subfield of criminology that focuses on the relationship victims and perpetrations, and between victims and the CJS ➢ Romanian defence lawyer Benjamin Mendelsohn is credited as the “father of victimology” (1930s) ▪ Hans von Hentig’s work is acknowledged as advancing the field of victimology (late 1940s) Victim Precipitation Theory ➢ Through their actions or inactions, some people increase likelihood of victimization ▪ E.g., belief that women provoke sexual victimization by wearing certain clothes Victim Characteristics Age Gender ▪ Younger people (15-24) are most likely victims ▪ With the exception of sexual assault, men are more likely to be ▪ Older people (65+) are least likely victims of crime victims Fear-Risk Paradox (a.k.a “shadow of Sexual Assault Hypothesis”) ➢ Women are less likely to be victims, but are more afraid of being victims ▪ i.e., their fear is high, but their risk is low ➢ but, how much lower is their risk, really? ➢ Income/ Social Class ▪ High-income households ($100,00+) more likely to be target of property crime ➢ Martial status ▪ Married people are less likely to be crime victims (“turning points”) ➢ Sexual Orientation ▪ LGBT individuals are twice as likely as heterosexual individuals to be a victim of crime ➢ Race/Ethnicity ▪ Whites are less likely to be crime victims than non-whites (e.g., black, Aboriginal) Two other Theoretical Models ➢ Lifestyle Theory (Hindelang, Gottfredson, and Garofalo 1978) ▪ Risk of victimization is associated with lifestyle ▪ E.g., if you go to a bar on Friday night, your lifestyle is “more dangerous” than if you stay home and study ➢ Routine Activity Theory ▪ Motivated offender ▪ Suitable target ▪ No guardian Victim and the CJS ➢ Victims bill of Rights (2015) ▪ Right to information ▪ Right to protection ▪ Right to participation ▪ Right to restitution ➢ Victim Impact statements ▪ A statement by the victim (or a spokesperson) during the sentencing phase of a trial to inform the court of the personal impact of the perpetrator’s behaviour ➢ Victim Assistance Programs ▪ Crisis intervention programs provide specialized assistance to help victims manage the emotional, psychological, and financial impacts of crime ▪ Victim services programs provide information and support (answering questions, assistance with court documents, referrals to counselling, etc.) ▪ Victim restitution: The court can order a convicted offender to financially compensate victims for their losses ▪ Victim compensation: Payments made directly by the state to victims in compensation for financial losses and/or other suffering Chapter 15: Organized (Corporate) Crime Organized Crime ➢ Illegal activity conducted by individuals or groups acting in association with one another ➢ Typically involves extortion, fraud, theft, smuggling, or the same of illegal products Origins of Organized Crime ➢ Piracy is amthg the earliest examples of organized crime (c.1200-146 BCE) ➢ From the 8 century, the Vikings of Scandinavia were known to practice piracy throughout France, Scotland, England, and Ireland ➢ Most famous occurred during the 1600s What is Organized Crime? ➢ “Any group having a corporate structure whose primary objective to obtain money through illegal activities, often surviving on fear and corruption (Interpol 1988) ➢ Characteristics: ▪ Non-ideological ▪ Hierarchical ▪ Defined by limited or exclusive membership ▪ Exist in perpetuity ▪ Organized through specialization or division of labour ▪ Monopolistic ▪ Governed by rules and regulations Activities of Organized Criminal Organizations Alien smuggling Armed assault Car theft Drug dealing Fraud Gambling Trafficking in humans, radioactive material, and Robbery and smuggling of Exploitation through weapons precious and antique goods prostitution Embezzling from industries of Chemical terrorism private and commercial banks Control of black markets Canadian Organized Crime ➢ Aboriginal Crime Groups ▪ Started or operated by Aboriginal people ▪ Involved in crimes ranging from cigarette smuggling to illegal gambling ▪ Examples: Indian Posse, Redd Alert, Alberta Warriors, Native Syndicate ➢ Cartels ▪ An association of manufacturers or suppliers who have entered into an informal agreement to fix prices, limit supply, and minimize competition by various means, some of which may be illegal and may involve violence ▪ Illicit market refers to the market for illegal goods and services, typically made up of otherwise law-abiding citizens and serviced by organized crime groups ➢ Outlaw Motorcycle Gangs ▪ Engage in drug trafficking, prostitution, contact killing, and (recently) the cultivation and distribution of hydroponic marijuana ▪ Also, own bars and strip clubs, primarily for laundering money ▫ Involved in extortion and intimidation of rival bar owners ▪ “Businessmen dealers in this study condemn the strong-arm tactics used by bikers, view their strategies as unprofessional and dangerous, and refuse to do business with them. Most of the criticisms of outlaw motorcycle to u
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