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SOC 1500

Chapter 1: Crime and Criminology Thursday, January 12 , 2012 Learning objectives: - Distinguish sociological from other explanations - Differentiate between criminology and study of deviance. Philosophical considerations… - Criminality or deviance innate to the person at the genetic, biological, psychological level. There is a deviance side of things –from the sociological perspective you talk about the social control. Something can be deviant but not criminal and vice versa. Criminal behaviour is innate to that person –we are talking about pathology. How can something be deviant or criminal if you don’t see the effect and affects of society (Sociological perspective)? Vs. Sociological conception - Requires a negative or punitive response - The matter of context o Violence seems to be understood as wrong or against the norm of any society but there are different contexts –some which are against the law such as assault or murder, but it is justified in war and in sports such as hockey. o The same behaviour does not always get seen the same way based on the kind of person you are. If a drug addict does something, it would be seen as a criminal offense. - Social control mechanisms: formal & informal o Formal: criminal justice institution –authority that shapes our conduct. “Official authority”. Makes sure the laws are followed. They may change over time. o Informal: o Criminality –some believe that you cannot fix it with punishment but instead medically with treatment. o Even though the thing that comes most to mind and how we deal with it is the symbols such as the RCMP that weighs on our national identity –laws that goes with the officials. Most social control even though we don’t think about it is more informal. o Most behaviour is contained in our day-to-day life. Not because we are afraid of getting in trouble but we control it because of our up bringing. o For most of us we don’t need the law to behave but we behave because we were brought up to avoid certain behaviours and act in a certain manner. Differentiating crime and deviance - Not all deviance is crime –it is not all a violation of formal rules and behaviours. Objective & subjective points of view - Opinion of what is deviant - Subjective –constructive –does not question the law Chapter 2: the criminal law and its process - Origin and features of the common law o Formal law = pervasive o Before we were involved in simpler societies and they did not have such complex laws. o Brings people from other societies together. The laws of behaviours are not the same any more and they become more complicated. The removal from more simple societies requires more complex systems of law. We need a more secular institution of law to keep everything in place. o Differences between European and American systems. There are also differences in Quebec than the rest of Canada. o Conflict was solved in simple societies by traditions. Fundamentals of criminal law - When talking about the use of law and punishment –one of the things the law does is that it tries to be carried out fairly and in a just manner. - They will be equally applied to everyone. - Socially constructed nature of the law. We can all agree that no matter which religion you follow, the ten commandments are pretty universal, however, criminal laws are more man made and they are not all the same everywhere are were not all the same over time. Now women have more equality. These laws are legislated. Set of rules that are legislated –socially constructed- are now enforced so the punishment is also part of the definition. - Socially constructed means it needs to be put through political process. - Politics is no more than the study and enforcement of power. - What kinds of mechanisms take place? Power relations –think about Stephen Harper and his rise of power. We understand politics is competing viewpoints. - Overtime what is written in the books becomes modified (case laws) over time. Law as an evolving process. Deviance refers to more behaviour outside of the norms. Two main types of crime: - Consensus crimes (‘mala in se’) o Distinguished because of the term consensus o Consensus is commonly agreed upon o Little dispute about criminal behaviour o Mala in se –rooted in core values o Predatory crimes in society –crimes inflicted on people and property - Morality crimes (‘mala prohibition’) o A lot more shades of grey when talking about this o Wrong because they are unlawful not because of themselves o Against the law to engage these activities and we have to abide by them because it is the law. o Reflect current community standards of proper conduct, but they also change. The law may also be out of touch with law standards in which case the law must catch up. It is understood that there are different opinions. Tuesday, January 24, 12 Theory as explanations Levels of analysis –micro/ meso/ macro Varying assumptions:  Re: Human nature  Re: social order  Re: relationship between individual and society 2 element of theory: empirical assessment  Quantitative vs. qualitative methods 3 element of theory: policy relevance Tuesday, January 31, 2012 - General deterrence, punishment also serves a symbolic function, to warn potential offenders what they stand to lose or suffer. Power of deterrence varies along 3 dimensions: 1. Severity of punishment 2. Certainty of punishment 3. Celerity of punishment Reintegrative Shaming - Attention to conditions under which criminal labels act as a deterrent to further criminality. o Assumptions that have been around for thousands of years. o Philosophies we have followed from time to time. o This labeling approach is different from assumptions of deter. o Once you arrest someone and go through the processes, they are all to label but this theory is to deter someone from doing the bad things again. o Traditional approach to criminal justice –once you experience shame you want to go back to normal. You do not want to go through it again, so one won’t act in the same ways. o Shaming isn’t supposed to exclude people from the community.  Modern criminal justice system today –things can take months and years to get a sentence, and for the crime to be judged.  Ultimate punishment is known as capital punishment –the worst crime offenses receive this. However, the death penalty does not exist here. This can be seen in places with high crime and very violent crimes.  What if the extreme form of punishment says something about the USA as a country? That is some how lowers the sanctity of life? That reasoning, does it instead of making people safer, does it lower the presumption that h
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