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SOC307H5 (49)
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Department
Sociology
Course
SOC307H5
Professor
David Brownfield
Semester
Winter

Description
SOC307- Lec 1 01:47 Went over syllabus • DEFINING “DELINQUENCY” MUCH OF “DELINQUENCY” INVOLVES THE VIOLATION OF SOCIAL RULES OR “MORALITY” (NOT JUST VIOLATIONS OF LEGAL RULES) • YOUTH COURTS HAVE HISTORICALLY HAD JURISDICTION OVER “DEPENDENT” AND “NEGLECTED” CHILDREN • FIRST JUVENILE COURT ESTABLISHED IN NORTH AMERICA WAS IN 1894 IN TORONTO “CHILDREN’S PROTECTION ACT” PASSED IN 1893 (INTENT TO REMOVE CHILDREN ENTIRELY FROM THE ADULT COURTS) • PROVINCES DO NOT HAVE JURISDICTION OVER CRIMINAL LAW MATTERS; SEPARATE “DOMINION ACT” REQUIRED, AND IT WAS PASSED IN 1894 • LEGISLATIVE INTENT OF 1893-1894 LAWS WAS TO (1) ESTABLISH A PRIVATE COURT; (2) CREATE A SOCIAL WELFARE AGENCY; AND (3) EXPAND LEGAL JURISDICTION OVER CHILD ABUSE CASES • Violation of social rules or morality, not just violations of the CC • Involves ambiguity in the legal definition • Margret griffins – have a children’s court first established 1894 in Toronto • Children’s court in Toronto was established as a branch of adult court • Youth courts have historically had jurisdiction over dependent and neglect children • 1893 legislation had the intention to take children out of the adult court, and have children’s protection act • Ontario had to give a dominion act to have authority over children protection • Dominion act: was only given to Ontario and stated that children would be protected more and out of the adult court • 1908 there were juvenile courts across the country • J.J Kelso: superintendent for dependent and neglected children. Create a private court for children to be confidential • Create a social welfare agency • Parent or guardian had to be with the child when they were brought to court • • THREE STAGES PRECEDED FORMAL LEGISLATION ON DELINQUENCY IN 1908: (1) REFORMATORY STAGE – REPLACED IMPRISONMENT IN JAILS THAT ALSO DETAINED ADULT OFFENDERS (1880’s) (2) INDUSTRIAL SCHOOLS, MORE “TREATMENT” FOCUSED (LATE 1880’s – EARLY 1890’s) (3) (1890-1910) PROBATION DISPLACES INCARCERATION,ESPECIALLY AMONG YOUNG OFFENDERS 1880’s reformatory stage, used for young offenders that were kept for sentences of a longer period. Replacement institution for young people Late 1880’s -1890’s. Focused on industrial/training schools to train them for skills for work. Treatment 1890-1910. Probation was popular, replaced incarceration. Probation also replaced for adults too but mainly young offenders. • Function of social roles • Social rules of society is a culture • Culture makes us different from other animals, language, religion, technology, social rules • Pass our culture from one generation to the next • Human beings are guided by rules and instincts • Most social rules are unwritten, their expressed verbally • How rules control and restrict actions • Rules facilitate our actions and make our lives easier. Ex. Roles given in society, family, school. • Rules tell the individual what their expected to do • The existence of rules doesn’t mean our lives are planned out, not everyone is happy with the rules. • If we didn’t have rules there would be chaos and places of work wouldn’t be able to operate • LAWS ON DELINQUENCY JURISDICTION OF FIRST JUVENILE COURTS WAS VERY BROAD AND SWEEPING ( COVERED ALL CHILDREN 16 AND YOUNGER, FOR NEARLY ANY KIND OF TROUBLESOME BEHAVIOR • FOX ARGUED THAT FIRST LAWS ON JUVENILE DELINQUENCY WERE A BY- PRODUCT OF A POLITICAL MOVEMENT TO INCREASE THE USE OF PROBATION • DAVID BAKAN DESCRIBES THE ADVENT OF THE JUVENILE COURT IN BROADER TERMS: NEW COURT WAS ANOTHER EFFORT TO CREATE A NEW SOCIAL CATEGORY OF “ADOLESCENCE” • SOME JURISDICTIONS USED AN “OMNIBUS CLAUSE” IN EARLY JUVENILE COURT LEGISLATION (FOR EXAMPLE: “GROWING UP IN IDLENESS OR CRIME,” OR “IN DANGER OF LEADING AN IMMORAL LIFE”) • DISTINCTIONS BETWEEN ADULT CRIMINAL AND “DELINQUENTS”: 1) AGE 2) LESS RESPONSIBLE 3) EMPHASIS ON YOUTH’S BACKGROUND, NOT THE OFFENCE 4) EMPHASIS ON TREATMENT VS. PUNISHMENT 5) LESS “DUE PROCESS” IN JUVENILE COURT • JUVENILE DELINQUENTS ACT (1908) FEDERAL GOVERNMENT PASSED LAW IN 1908; INTENT TO ESTABLISH JUVENILE COURT AS A SURROGATE PARENT 1908 ACT EMPHASIZED TREATMENT AND REHABILITATION OF YOUNG OFFENDERS (NOT PUNISHMENT) CRITICS OF THIS LAW ADVOCATED FOR MORE PROTECTION OF SOCIETY, MORE ACCOUNTABILITY FROM YOUNG OFFENDERS • YOUNG OFFENDERS ACT YOA (PROCLAMATION 1984) REPRESENTS EFFORT TO MAKE YOUNG OFFENDERS MORE ACCOUNTABLE, PROTECT SOCIETY AGE OF RESPONSIBILITY CHANGED BY YOA; UNDER THE OLD JDA (1908), CHILDREN OVER THE AGE OF 7 COULD BE CHARGED (UPPER AGE LIMIT VARIED ACROSS PROVINCES (FROM 16 TO 18) UNDER THE YOA, AGE JURISDICTION WAS CHANGED TO THOSE 12-18 (FOR ALL PROVINCES) To provide more accountabilities More emphasis to protect society Children are not fully mature Separate institution to deal with young offenders More due process Raised the minimum age from 7 to 12 Allows public and press to attend the hearing Identity of young offender and people involved is not allowed to publish the names Right to council, must be informed of rights by police officer making the arrest Young offenders have to be kept separate from adult offenders • CHARTER OF RIGHTS AND FREEDOMS GUARANTEES CERTAIN LEGAL RIGHTS (IN THEORY), INCLUDING RIGHT TO COUNSEL, BAIL • PARENTS ENCOURAGED BY YOA TO ATTEND ALL HEARINGS, INCLUDING SENTENCING “REMAND” PROCEDURES UNDER JDA WERE NOT ALTERED BY YOA – OFFENDERS 14+ CAN BE TRANSFERRED TO ADULT COURT • YOA SPECIFIES CONDITIONS FOR REMANDS (1. CORRECTIONAL RESOURCES AVAILABLE 2. PRIOR RECORD 3. SERIOUSNESS OF OFFENCE JDA DENIED RIGHT TO APPEAL (YOA GRANTS THIS RIGHT) REMAND DECISIONS MAY ALSO BE APPEALED 1992 AMENDMENTS 1) MAXIMUM SENTENCE RAISED TO FIVE YEARS (3 IN JAIL, 2 YEARS IN COMMUNITY SUPERVISION) 2) JUDGES INSTRUCTED TO GIVE GREATER WEIGHT TO PROTECTION OF SOCIETY (VS. NEEDS OF YOUNG OFFENDERS) 3) EARLIER PAROLE ELIGIBILITY FOR YOUNG OFFENDERS CONVICTED 4) JUDGES CAN SENTENCE TO EITHER A YOUTH FACILITY OR TO AN ADULT FACILITY 5) YOUNG OFFENDERS REMANDED TO ADULT COURT CAN BE HELD IN YOUTH JAILS (RATHER THAN ADULT JAILS) WHILE AWAITING TIRAL • 1992 amendments • 1) MAXIMUM SENTENCE RAISED TO FIVE YEARS (3 IN JAIL, 2 YEARS IN COMMUNITY SUPERVISION) • 2) JUDGES INSTRUCTED TO GIVE GREATER WEIGHT TO PROTECTION OF SOCIETY (VS. NEEDS OF YOUNG OFFENDERS) • 3) EARLIER PAROLE ELIGIBILITY FOR YOUNG OFFENDERS CONVICTED • 4) JUDGES CAN SENTENCE TO EITHER A YOUTH FACILITY OR TO AN ADULT FACILITY • 5) YOUNG OFFENDERS REMANDED TO ADULT COURT CAN BE HELD IN YOUTH JAILS (RATHER THAN ADULT JAILS) WHILE AWAITING TIRAL • 1995 amendments MAXIMUM PENALTIES FOR 1 STAND 2 ND DEGREE MURDER ARE INCREASED IN YOUTH COURT ST • FOR 1 DEGREE MURDER, A TEN YEAR “DISPOSITION” (6 YEARS IN CUSTODY; 4 YEARS IN CONDITIONAL COMMUNITY SUPERVISION) • VIOLENT RIMES COMMITTED BY YOUNG PEOPLE 16+ (SUCH AS MURDER OR ARMED ROBBERY) ARE AUTOMATICALLY REMANDED (UNLESS DEFENDANT CAN ESTABLISH COMPELLING REASONS NOT TO REMAND) • Evolutions • CORRADO (1998) FOUND THAT CRIME RATE INCREASED SIGNIFICANTLY AFTER PERIOD OF 1986-1992 • VIOLENT CRIMES MORE THAN DOUBLED (117%, FROM 1986-92) • SILVERMAN FOUND THAT HOMICIDE RATES FOR YOUNG PEOPLE HAVE NOT INCREASED SIGNIFICANTLY SINCE THE 1970’S Laws on Delinquency We naturally obey the unwritten customs of society Formal written laws about offences Power of custom is declining because of formal written rules Youth courts is an example of the dependency of written rules Youth court was used when their were no other options as a last resort Most offences by young people are minor Punish your offenders instead of give them treatment? No lawyers no prosecutors, juries for juvenile offenders/courts Government institution was suppose to replace the parent for the children Treatment was favored by reformers Lower class were the targets of probation Baken: people created a new category of youth. Childhood was a social invention. Adolescence is a social invention; it prolongs childhood that served the interest of a modern industrial society. Child labor laws restricted the employment of children and implemented compulsory education Distinctions Between Adult Criminals and Delinquents Age is not an absolute distinction Children are less responsible Look at the background of the child, for adults they look at what was the crime that happened. Young people school, family Rehabilitation of young people. Judge plays the role of a parent Informal procedures Less emphasis on due process. Due process: designed efficiency to protect the rights of the individual. Meant to be inefficient to protect the rights of the individual Juvenile court focuses on crime control. Which seeks to deter the crime from happening Search and seizures were permitted without a warrant, no right to legal council, no juries SOC307- Lec 2 01:47 1995 amendments focused on crimes of primary assault and robbery. Max penalty for 1 and 2 nddegree murder increased by a lot in youth court For first degree murder, 10 year disposition and 4 years in conditional community. First degree murder is murder that is intentional as well as killing of a police office, homicide in combination with another offence. If a person engages in robbery or murder, they know they would face consequences and still did it intentionally Second degree murder is not intentional. Penalty was increased 5-7 years (4 years in custody and 3 years in community supervision) Violent crimes committed by young offenders (16+) such as murder or armed robbery are automatically remanded (unless defendant can establish reasons not to) Frequency of these amendments is done when citizens aren’t happy with the laws in place Evaluations Corrado (1008) found that crime rate increased after period of 1986-1992 Violent crimes more than doubled (117% 1986-92) Silverman found that homicide rates for young people have not increased significantly since the 1970. This shows us the school regulations and no tolerance for violence. Rates of homicide remained stable since 1970’s, for a long time since the young offenders act, homicide hasn’t increased. Property crime rate increased a little, but not a lot since the young offenders act. Youth criminal justice Act (2003) Focused on violent young offenders who were not seen to be dealt with efficiently, so they added a new category high risk violent young offenders. This is the group that was to get longer sentences, get more supervision in custody, more counseling, engage in rehabilitation This creased more flexibility for minor offences, focus was to put more resources to offenders who were a risk to public safety. They wanted to keep young offenders of petty crime out of jail with warning rather than arrest. Tickets for property crime became popular. SOC307- Lec 2 01:47 More focused of restorative justice- the philosophy behind the legislation. To return and repair property to its rightful owner, to restore the victim to the position before the offence was commit. Community service was used to help the environment. Personal service was seen as a restorative act Harsher penalties and more serious sentences ,are more likely to transfer bad cases to adult court for serious violent as well as repeat offenders crimes. They also changed the age, now 14-15 year olds could be transferred to adult court for serious violence. All young offenders that were found guilty and qualified for adult crime can have their names published. People that were transferred to adult courts. If a person was convicted of a violent crime and repeated convictions, those young offenders could now have their names published. Families required to pay for all legal counseling if they can afford it. Under older legislation, provinces used to pay for all legal representation. Youth similar justice act was inspired by other acts in UK, especially New Zealand since 1089- one of the first countries to have an approach like the youth justice act. More restitution and rights of the victims was emphasized in new Zealand. From 1989-1991 the number of young people in custody declined a lot in new Zealand by using the young offender legislation (declined from 4000 to less than 1000 in just a few years) Erikson reports that a few of the young offenders who went through adult sentences went on to remain criminals. Small scale programs were seen in BC (called Sparwood established in 1990s) base on the New Zealand approach. Youth were send to courts, resolution conferences were arranged generally restitution was required from the victim, formal-ology was made and service community work was to be assigned. Only 2% of young offenders would repeat crime in New Zealand with the new youth restorative legislation. The success of restorative justice system (from new Zealand and BC) made the program much more popular to make it accepted in other areas. That accepted more of a restorative approach. Critics of YCJA point to selection bias in studies of recidivism. Only low risk offenders participate in the programs for recidivism. SOC307- Lec 2 01:47 Critics also point to political opposition to YCJA. Ontario regards the YCJA as too lenient and not providing adequate punishment. Other provinces like Québec say that UCJA is too harsh seeing 14-15 year olds being put through adult courts. Provinces also demanding more funding to administer this new youth justice system. Provinces say provide money to administer the system since you have made this policy, pay for it. SOC307- Lec 3 01:47 • Substantial majority of offences recorded in the UCR are committed by young people (ages 15-19) • Gottfredson states that the same age patterns is found in nearly all countries and in nearly all official data • “Index crimes” include the following eight offences: criminal homicide (includes manslaughter cases) robbery, sexual assault, aggravated assault (level 3, use of a weapon), burglary (B&E doesn’t only involve theft), larceny, motor vehicle theft, and arson • Young offenders (under 18) account for more than 40% of the arrests for index crimes (while people in this youth age bracket account for less than 20% of the total population • Juveniles are less likely to be arrested for murder than adults • Sexual assault 15-20% involve young offenders • Young offenders account for a larger number of armed robberies • More than half auto theft is committed by young offenders • More than half of B&E is committed by young offenders • Young offenders account for more than half of all burglary arrests • Slightly less than half of all larceny arrests • Should focus on non-index crimes as well (under age drinking, curfew breaking) • Vandalism and arson are common amongst young offenders SOC307- Lec 3 01:47 • The kind of crimes young offenders commit don’t require a high level of skills • Forgery, counterfeit, embezzlement, aren’t common amongst young offenders • Alcohol crimes are a common issue • Arrest patterns for females is increasing • Females under 18 comprise less than 10% of the total arrests for the index offences • Males under 18 account for over 1/3 (about 36% un 2005) of arrests for index offences • Although the most common offence among females is larceny, males still have about 3 times as many arrests for larceny. • More similarities between males and females for white collar crimes and fraud SOC307- Lec 3 01:47 • More females are arrested for running away from home • There’s more protection for female run aways provided by the CJS • Women under the age of 18 tend to be arrested more than males for running away from home • Girl under he age o 18 make up 1/3 of total arrests • Boys under 18 count for ¼ of arrests. Every other offence, men are arrested more than women • Total crime rates have declined since 1991 for adults • Legalization and access to abortion led to lower violent crime rates- lowers domestic abuse Some sociologists say that the shall-issue law (gun laws) lead to lower violence Change in age composition leads to reduction in violent crimes because there is a reduction in the ages 16- 24 which was seen as the highest rates for violence crimes in particular Hagan- stabilization of drug markets in rec3ntyears. Less competition of territory in North America. Hagan presents a good case study done in Montreal. He saw that there were fights and issues over turf. Hagan also notes some shift away from the use of cocaine to heroine. Cocaine was seen as a stimulating drug that made people want to start a fight, whereas heroine would just depress people. So he says the shift from cocaine to heroine led to lower violent crime rates. Hagan and Silverman both argue that range of factors help reduce overall crime rates since the early 1990s • Between 1960 and 1975, the arrest rates among adult (over 18) increased by only 13%. Comparing doubling rates of arrests under young offender. • Between 1970 and 1990 arrests young offenders increased by about 43% SOC307- Lec 3 01:47 • Focusing on index crimes not al offences so it could include underage drinking and running away rom home. • Increases in young female offenders more. • Differences were not so large in non-violent crimes. • In recent years young female arrests make up for only ¼ of total arrests reported by the police. • These studies only show trends over years, doesn’t show individual cases. It doesn’t show how many offenders are repeat offenders are recidivists. • Cohort studies focus on individual cases in crime rates, not only yearly trends. We can see recidivists and repeat offenders through this. • Marvin Wolfgang- constructed a cohort study in California • Following individuals all their lives, from childhood who lives in Philadelphia from 10-18 years old. • They looked at official court and police records to see how much delinquency was reported for boys between 10-18 about 1/3 of boys had one reported contact with the police. • The relationship between age and delinquency is very similar to other studies- found very similar patterns. Very few police contact of arrest at the age of 10, but it rises quickly to a peak at age 16. Then they decline a lot after age 16. Large number of status crimes, petty theft seem to decline after age 17. • John Loud says that the most important finding of the cohort studies is the finding of repeat offenders. More than 3000 boys had arrest records, and more than half of these Philadelphia boys were repeat offenders. o 1800 recidivists/ repeat offender with 2 or more arrests. • Other cohort studies in Vancouver show that repeat offenses were low. • Wolfgang also found that the more violent crimes were also committed by recidivists. • About 6% of repeat offenders make up about half of the most serious offenses and more than half of the crimes committed. • Crime is concentrated among young people SOC307- Lec 3 01:47 • Substantial increases in crime rates among young offenders • Increase in violent crimes in 1960s and 1970s. the pattern shifted by age. • Crime and delinquency is still predominantly committed by males. Crime is still concentrated among males. • Silverman says these findings case some debate in society- people want to nurture and support their kids, and they also worry about the threat to their personal safety and property. • Wolfgang ad Lau say some criticisms on cohort studies. We cant just ignore first time offenders and only focus on repeat offenders. Official data is only a small sample of the total number of crimes, our sample may not be representative. • Self report studies have become a popular and direct method allowing sociologists to study how many law abiding violations are committed. • Some people get anonymous interviews, others get direct interviews. • Self reports of crime and delinquency Several types of ‘validity studies’ have been conducted to test the accuracy of self reports- why should be believe a thief. • 1. Polygraph (or lie detector) checks on he accuracy of response. o Clark finds approx. 85% valid responses among young offenders. o Polygraphs are not accepted as valid evidence in criminal trials. Yet they use it to make life/death decisions to detain someone or let them go o For a crown to not accept lye detector studies. They say was about the synapse which is the gaps between cells- people haven’t established the link between lying and synapse- why should we think there is a link between heart beat and sweating to lying. o Hindelng and Clark know that lie detectors are more objective and detect individual emotions. 2. ‘Revere record checks’ SOC307- Lec 3 01:47 Hindelang searched police records of subjects. Then conducted interviews to see if respondents would admit having an arrest record. (abut 80% valid reporting) They ask if the person was arrested not if they are guilty of the crime to see if they would honestly tell the interviewer without telling them why they were asking. Easier to recall high risk violent crimes, rather than small petty theft. 3. Informants hired by gold to check on accuracy of reporting of offenses committed in the presence of other people. Informants interviews simultaneously with subjects, gold reports nearly 90% valid response rate. Identified friends and peers of the offender to get information of the crime at the same time as the offender, harder to make up a story that way 3. Serology (blood serum tests) used by Taylor to assess the accuracy of self-reports of drug use (more than 75% validity for cocaine, marijuana and heroine use) SOC307- lec 4 01:47 get note from Sabrina SOC307-lec 5 01:47 • Went over test questions Focus on chapter 5 & 9 · Chapter 5, define the concept correlation and causation (changing the values in one factor will increase the change in another outcome. Does the variable provide a reason) · Chapter 5 review maturational reform (rate of crime declining as people become older, think about long term goals and relationships), role convergence (rate of crime are becoming similar for male and women. Labor force participation for women increase then the rates of crime will be more similar between men and women, gender roles women are being more assertive and taking more risks) · Chapter 5 distinguish the explanation of overrepresentations of aboriginals in the justice system) what are the cultural explanations/theories. Unemployment, education among aboriginals. · Psychological theories à Cobert developed a theory of moral judgment and is a good explanation for the involvement of crime. Pre-dimensional and post-dimensional. Chapter 9 § Social learning theory concepts, focus on modeling, differential reinforcement · Chapter 9 à anti social disorder describe the characteristics and of psychopathy • Victimization surveys • Criminologists use these surveys to measure crime and delinquency • Canadian urban victimization survey (CUVS) first conducted by solicitor general with Statistics Canada in 1982 o Stats Canada is now running these surveys on a 5 year basis (every 5 years) o They do a sample of about 10 000 people across Canada • Only 2 major cities included in survey (Toronto, Montreal, Vancouver, Calgary) • The first study found about 700 000 personal victimizations reported (ie. Robbery, assault) and more than 900 000 ‘household victimizations’ reported (ie. Break and enters, vandalism, theft) o This showed much larger rates as compared to the crime reports SOC307-lec 5 01:47 o The Canadian victimization survey was influenced by those done by the Americans o Back in 1965 president Johnson established a commissioner on law enforcement to make a plan to decrease rising rates of crime o In order for them to make plans, they needed better information on the rates of crime. However police were not satisfied with the amount of information available on crime and delinquency  Concerns about official data, they said police statistics were not effective. SOC307-lec 5 01:47 A decision was made to conduct a survey of about 10 000 households to ask them of their experiences with crime, if they reported these crimes to the police and they were asked how these experiences with crime effected their lives. The findings of the first victimization survey was very dramatic and publicized. Burglary is about 3 times of that which is reported to the police. Aggravated assault and larceny involving more than $50 is twice as likely to occur as is recorded to the police. Armed robbery was one and a half times more likely than what was reported Very similar to the patterns in the self report studies. • Why victims don’t report crimes to the police • Skogan – Victims (60%) claim that they didn’t report the offence to the police because the incident was not important. • In contrast, that serious violent crimes- including armed robbery and level 3 assaults are less likely to be reported to the police than many property crimes. • A very commonly stated reason (20%) for not reporting crime is because they say the police is ineffective in responding to criminal behavior. • Fear of retaliation or revenge is a factor for some victims being unwilling to report an offence to the police (7%) • About one in five (20%) of victims say they did not report an offence because they believed that the police could not do anything about it. • About one in four (24%) say that their victimization was a personal matter (with few admitting to shame or embarrassment or a stigma was a key factor in not reporting a crime to the police) • Victimization surveys also ask businesses for any involvement in being victims of crimes • Thefts created in businesses are usually by employees (pilferage) and Holliger says that if pilferage is suspected then employees are more reluctant to involve the police. SOC307-lec 5 01:47 o This may be because it creates a bad reputations for the business. Having the police do investigations every other day, it makes the company look bad o A lot of people say that they don’t go wander the streets because they’re afraid of crime. If a lot of law abiding people don’t go on the streets and be deterrents to crime and witnesses. This means all the criminals get to run the streets without being seen. Because of people’s fear of crime, more than one third of people don’t speak to stra
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