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Crime and Criminal Justice review.doc

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SOC 1500
Andrew Hathaway

Crime and Criminal JusticeCriminologyScientific study of the nature extent cause and control of criminal behaviour CriminologistSomeone who brings objectivity and method to the study of crime and its consequencesDeviant behaviourBehaviour that is different from the social norm but isnt always bad or needing the enforcement of the law Hagens varieties of devianceShows the link between crime and deviance which shows the more severe the deviations the more likely there is agreement of social action and the more harmful the reaction History of criminologyChristian theoryIdea that criminals are sinners and that they are going against God banishment and other punishments are needed and people see it as their community duty to strike down the person in the name of God RomanMade dramatic changes to law by writing things down Dark ageswent back to the unreasonable punishmentEnlightenmentLook more to reason rights of the individual and just punishments Look thto punishment more as a form of deterrence now 17 C with the law being preventative instead of punishable Equal punishment for all Jeremy Bentham Notion of utilitarianism all behaviour explained by rational choice and balancing benefits Individual choice to be a criminal more at whats best for society PositivismUses scientific method of the natural sciences and suggests that human behaviour is a product of social biological psychological or economic forces Classical CriminologyTheory suggesting that people have free will to choose criminal or conventional behaviours people choose to commit crime for greed or personal need and crime can be controlled by fear of criminal sanction Criminal AnthropologyEarly efforts to discover a biological basis for crime through measurement of physical and mental process Atavistic AnomaliesAccording to Lombroso physical characteristics of criminals that indicate they are throwbacks for animals or the primitive Eg skull shapes etc LAJ QueteletFirst sociologist that used scientific and mathematical statistics as ways of analyzing criminal behaviour and the demographics Emile DurkheimHe was a founder of sociology and believed that all things have a function in society crime has a necessary function in society Crime is useful because people then know what is right and wrong is a deterrent etc Also believes in anomieAnomie Condition produced because of shifting moral values individual has few guidelines and occurs when personal goals cannot be met by conventional means thChicago SchoolType of sociological research 20 C by Park Burgess Wirth etc who pioneered research on the social ecology of the city and study or urban crime Conflict Criminology Marx believed that the world was split into 2 classes the bourgeoisie who control the means of production capitalists and Proletariat sells the labour Wants the capitalists to be overthrown Criminal StatisticsGathering crime date and devising new research methods as well as measuring crime patterns and trends Sociology of lawDetermining the origin of law and measuring the forces that can change laws and societyTheory constructionPredicting individual behaviour and understanding the cause pf crime rates and trendsCriminal behaviour systemsDetermining the nature and cause of specific crime patterns and studying violence theft organized white collar crimePenologyStudying the correct and control of criminal behaviourVictimologyStudying the nature and cause of victimization aiding crime victims Consensus ViewCrime is considered wrong in itself and most people agree with whats wrong it is rooted in society mala in se Harms of property to people murder theft pretty black and white Conflict ViewBasically the idea that there are different levels of groups eg workers professionals etc who are continually in conflict which results in the use of the law Interactionist ViewPeople like George Herbert Mead who hold the position that people act according to their own interpretations of reality they learn the meaning of a thing from others and react to it and they reevaluate and interpret their own behaviour Code of HammurabiFirst written criminal code developed in 2000BC Idea of lex talionis which is basically an eye for an eye Mosaic CodeAgree to obey the laws of Moses and Christian teachings WergildIn the medieval times this was the monetary compensation for the victim based on the offence They also have oath helpers who are basically witnesses for the accused th18 CenturyMoved from a chaotic justice system and more controlled Stare DecisisCourts bound to follow the precedent of other cases Common LawEarly English law developed by judges etc that defined the customs practices and everyday rules of people Became the standard law of the land in England and eventually formed the basis of criminal law in Canada and USA Inchoate CrimesIncomplete crimes like attempt and conspiracy to do things Tort LawThe law of personal wrongs and damage Tort actions include negligence libel slander assault and trespass Indictable OffencesSerious offences that carry a serious penalty Summary OffencesMinor offences which the penalty is restricted to a max of 6 months in jail or a fine or both Criminal LawCrime is a public offence punishment is incarceration enforcement belongs to the state fines go to the state and guilt must be proven beyond a reasonable doubt Mala prohibitumCrimes that involve violation of laws that reflect current public opinion and social valuesMala in se Crimes are rooted in the values in our culture Functions of lawProviding social control discouraging revenge expressing current morals deterring criminal behaviour maintaining the social order General deterrenceShow potential law violators the consequences of their actions should deter Specific deterrenceWorks as a direct punishment to stop repeat offending DeterrenceVaries along 3 dimensions severity or punishment certainty of punishment and celerityswiftness of punishment Intent Carrying out an act intentionally knowingly and willinglyTransferred intentIdea that if an illegal yet unintended act results from the intent to commit a crime the act is also considered illegalConstructive intentUnintentional criminal act that is a result of negligence or recklessness Criminal DefensesMistake of lawDoesnt really work ignorance or mistake of law Mistake of factAccidentally buying stolen goods not knowing being mistaken Self DefenceJustification of a violent attack only reasonable force NecessityCompelled by someone else to commit a criminal act eg having to feed your family Consent of the victimeg sexual assault would a reasonable person know the consent Consent does not apply to statutory rape EntrapmentBeing tricked or trapped by the police if they are encouraged to do the act this is entrapment DuressBlackmail or kidnapped family you were forced to do itInsanityIncludes drug or alcohol impairment was the person in their right mind when they committed the act Report sensitive crimescrimes that are sensitive to victims reporting them Eg if a person does not report sexual assault it is unlikely the police will ever know about it Policing sensitive crimesCrimes sensitive to law enforcement Eg proactively investigating drug crime is the only reason drug offences are detected Definition sensitive crimesCrimes sensitive to legislative activity Eg gambling has been decriminalizedby loosening criminal punishment around gaming Media sensitive crimes Crime that is sensitive to media attention Eg youth crime being shown on TV increases public concern which increases reports to police Uniform crime reportsa census based on reports from police forces across Canada official basis for criminological research in Canada Collecting the UCReach month police agencies compile the number of crimes knownreported incidence Based on all complaints of crimeOnly reports that are founded are genuine and investigated by the police and counted reports found to be false or unfounded are not counted The percentage change the increase or decrease of crime rates over a period of time is calculatedThe crime rate is calculated which is calculating the ratio of crimes in the whole population expressed as per 100000 people Also police agencies report the number or crimes which are cleared crimes that are determined as founded and then solved or cleared away by the police
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