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Lecture 3

crim justice week 3 teus sept 18.rtf

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Western University
Sociology 2253A/B

crim week 3 teusday 18 september-plus thurs and week 4 teus the criminal justice system in canada a)all criminal justice agencies operate under: 1.the constitution act 1867-section 92 also allocates various powers of the provincial governments(the establishment and maintanence of prisons, organization of provincal courts,imposition of penaltys for inforcing provincal law) 2.the criminal code of canada 3.the canadian charter of rights and freedoms i.federal ministries associated with criminal justie 1.department of justice canada(laws are first drafted there often with some kid of public imput, these drafts or bills are debated by commities in the house of commons and then brought before the mandantory registration of firearms, longer sentences for hate crimes,creation of national dna bank, also attributes funding to organizations such as he canadian society of forensic science, fund legal aid, programs for young offenders) 2.The department of the solicitor general, Canada(includes the RCMP,the correctional sentences of canada, the office of the correctional investigator,also houses the canadian security intelligence service CSIS, ii.provincal and territorial government agencies assoc with criminal justice 1.provincal police services 2.ministry of the attourney general(we find the provincial prosecutors and attourneys, all criminal offences are prosecuted by the provincal crown attourneys) 3.provincal corrections(non custodial programs-outside of custody,community service etc. and custodial programs-for offenders who sentences whos less then 2 yrs) iii.municipal governments b)the cost of operating the criminal justice system in canada (over 11 billion per yr) 1.why is it so costly to operate this system?-61% of the budget is spent on the police forces which is 7 billion a yr, adult prisons 22%, courts 9%, legal aid 5%, etc. there are 120 thousand full time ppl working within the justice system in canada 74 thou in law inforcment, 27 thou in prisons,...ontatrio and quebec employ most of these individuals and pei and yukon employ the least...costs about 85 thou dollars a yr to keep an inmate in prison philosiphys of criminal justice fit unfer the classic school of criminology- 1.justice model(focuses on the criminal act commited by the offender,punishment should reflect the severity of crime and offenders prior record, gives emphasis to alternative sentence which keeps offenders in the community, community service, house arrest for first time offenders...suggests the elimination or control of discretionary power excersized by police officers which means the officer must charge the offensers with all crimes commited by offender at the moment......suggest plea bargining will be eliminated, judges r required to follow sentencing guidelines....the members of paroll boards should not decide the release of inmates prior to serving the full length of the sentence)...this model can cause overcrowded courts,prisons,costs will go up etc....however will eliminate discrimination on race,gender,occupation etc. bcuz judges willl have to follow the same guidelines for everybody regardless 2.deterrance model-oldest criminal justice model, formulated by cesar in 18th century europe, it assumes that the pain of punishment should exceed the pleasure of the criminal act, punishment has a deterrant affect and therefore should fit the crime, the rational of punishment is to prevent future criminal behavior...a very expensive model because we need to spend more money on criminal justic system,, more officers, prisons, longer sentences, abolish the peroll system, spend more money in pro active policing activity, based of certainty of caputre and swiftness to convict the perpatrator fast and punish immmediately william chambliss argues that the affectiveness which mean sussfull failure of the deterrance philosophy is linked to the offenders commitment to crime ie. cronic offenders commited to life of crime are less likely to be deterred by severe penaltys 3.selective incapacitation model-means imprisonment, this suggests long prison ssentences for the small number of habitual offenders,by incarcerating habitual offenders for a long time we can lower the crime rate in society, if a few cronic offenders are responsible for a majority of crimes sentencing programs based on this model will reduce predatory crimes ike assult robbers etc by 30% or the three strikes act in the states {----------------------------------focus on the criminal act------------------------------------------------} Fit under the positive school of criminology 4.rehabilitation model-based the the positivistic scientific method,supporters of this model assume that the source of crime is determined by factors outside the control of the individual, such factors could be biological, genetic,social...more attention is placed on the offender in this model rather then the criminal act, indeterminant sentences which men the offenders are to remain in prison as long as it takes to rehabilitate or change them, alcoholics, mental illness,, drug addicts are put into these programs,, which are specific to the needs of the offender, flexible punishments. unlike the justice model would inhance the descrenatonary power of the agencies of social justice including the police, peroll officers etc.,, the emphasis should be on plea bargining between the crown and the defendant, the sentencing should be in the best interest of the offender,prisons will be more less a treatment for the offender, the programs should be operated in reducing cronic offenders, with theoretical integrity(scientific research), and to employ modification techniques..allow the offenders the prisoners should have some say in establishing rules, family therapy is also helpful for juvinille deliquints 5.prevention model-emphasis on every socialization, adequate socialization of children by the family, the school etc.. social psychologists suggest adequate socilization of the children means firm dicipline, affection aand guidance, self control, provide children with good self image which protects the child against deviation, poor image of self children are more likely to diviate..therefore self image good is a waay of prevention...attack the socio economic inequalities suh a poverty, racicism...stop legislating morality(stop the legal control of goods and services that we demaand).....decriminalize status offences-age.. underage drinking, cerfew violations,missing school, this will reduce the rates of juvenile deliquency {-------------------------------------focus on factors contributing to criminal behaviors--------------} 6.restorative justice model(aboriginal jutice system based on peace and humanism)-restorative justise system.....guided by 3 principals, ownership of conflict including crime,the vitim, the affected constituinces,2. material and symbolic reperation, remorse or apaulogy to the victim with some sort of restitution to victim, 3. social reintegration of the offender to community life, restore order or harmony in community or the group 1.reconcille the offender with his or her own concience and with the victim 2.resolution of disputes 3.restoration of harmony 4.remorse and forgivenes 5.reintegration of offender back into community 6.involvement of elders and community leaders theres a cultural conflict btwn aand aboriginal justice system and euro canada jusstice system euro canadian justice system 1.emphasis on blame and guilt 2.remorse and forgiveness is not important 3.deterrance 4.incapacitation 5.rehabilitation 6.restitution THURSDAY MORN CLASS sept 20th the chinese believe that rehabilitation is more effective when the offender is young and the offense is minor, according to the chinese legal philoshopy crime prevention is the best form of controling human behavior, they believe it is right to intervene early before minor offenses turn into serious china the policing style offers them the opportunity to build relationship with the ppl in the area they patrol, provide services for the sick and elderly and help offenders become law abiding useful citizens....they often offer educational programs at the young levels to educate about laws at a young chinsese society the officers play the role of boths law enforcer and social worker.....they try in reform prison inmates through labour and education rather then just punishment....a reformed offender means a changed person that can be useful to society...the individual in china is the central concern...chinese r more concerned about social causes related to crime rather then the biological train of thought, therefore the whole community helping in reforming the offender it will aaccelerate the process of chaging the person...chen says in china there are mediation commities that deal with minor disputes and mis demeanors, without a necessary legal procedures, divorce cases also come before such china crime is not a reflection of individual failure rather the larger china dignity, the right to a legal defense,right to appeal in court and freedom from physical abuse, forced confessions, are expected.....chens analysis of chinese justise system is different from those presented in western media, newspapers tell us china has high execution rates for serious offenses.......the chinese justice system is based on the fact that criminal behaviors are not innate and can be cured, on the other hand psychologists and criminoligists over the last several years will consider biological factors that are contributors..cardiovascular system of psyhopaths are much different from those who are normal, they do not experience fear..some children are hyperactive from birth and attention deficit dysorder, difficult temperment, impulsive behavior, insensitivity to others lacking empathy...... differential aspects of criminal justice(factors incluencing criminal justice system) 1.time and place( crime and severity of penaltys vary from one period to another ie. homosexual behavior prior to 1970 btwn concenting adults was a crime in canada, no longer a crime....also penaltys for african americans in the early 1900s were more stiff then whites) 2.gender( the sex factor)-some laws are more protective towards women, women spouse killers get more leniant sentences then male spouse killers, bcuz when women kill its more likely from self defense..killing a new born baby for the mother the max penalty is five years..woman are also more likely to get arrested for prostitution 3.ethnic and racial disparities-does race matter when it comes to criminal justice?, are certian racial groups more likely to be arrested by the police and be jailed compared to others...studies have argued that african americans have been unjustly treated by the police,judges and jurys and r more likely then the whites to be aarrested,harassed and charged for criminal offences and more likely to be shot by the police as US blacks are shot in numbers disporportionate compared to the general pop...and in the death penalty the african americans who kill whites are more likely to be convicted and given the death penalty then the whites who kill blacks..and the blacks who kill black recieve lighter sentences then blacks who kill whites...1260 executions 35% were blacks, 56% whites, hispanics and others 2%.....according to the black population in comparison they Are a lot more likely to get convicted and punished for serious crimes....the aaboriginals and the black are often represented in bulk in prison institutions......aboriginals are only about 4% of canadian pop however account for about 15%152-1000 of prison pop...blcks account for only 2% of canadian pop and account for 6% of prison canada the native indian offender is much more often the whites to be charged with multiple offences, more likely to be held in pre trial detention centres and spend much less time with their lawyers, they are also more likely to be denied bailed, more likely to be involved in liquor infractions,assults, and more likely to be incarcerated upon conviction and more likely to repeat their offences.....may be more likely to plead guilty from not understanding our language properly, poverty which is the inability to pay fine therefore go to jail class and criminal justice bias-members of the lower classes are more liklely to be convicted of predatory crimes(homicied,assult,rape)..more likely to be arrested,more likely to be convicted,more likely to be sentenced to prison rather then otherwords the image of the criminal pop one sees in canadian society is an image distorted by the shape of the criminal justice system itself...the system favors the middle and the upper classes..lower class defendants are more likely not able to afford bail therefore more likely to remain in jail until their case goes to court, they must rely on lawyers who are legal aid and have a lot of cases and not much time to prepare their case, compared to upper class who afford good lawyers with time to prepare and good case for them... power theory trys to explain criminal behavior and punishment aaccording to social class...there are 6 proposition to explain variance in punishments btwn social classes upper class 20% of caanadian pop middle class 60% pop lower class 20% pop the upper class and middle class are condsidered powerful class while the lower class is considered powerless....crimes commited by upperclass are different then those commited by the lower classes 1.the powerful and powerless are different in the criminal behavior which they r likely to commit(lower classes have higher probability of committing predatory crime,on the other hand the powerful have higher probability of commiting respectable crimes such as tax ivasions,embesslement,bribery,false advertising, and crimes of war) 2.the powerful ppl in society are more likely to engage in crime,because the desire to feel and look respectable entices them to engage in respectable types of criminal acts ie. tax ivasion is more respectable then robbery 3.the immorality and illegalality of the powerful encourage the powerless to participate in criminal activitys 4.the criminal activitiess of the powerless decreaases the social control over the powerful...society posses less sociaal control over the poweress becasuse they r dealing with crimes commited by lower class 5.crimes committed by the middle and upper claasses are more harmful to society by those commmited by the powerless lower class..(ie unsafe work conditions in the place of wwork they have killed many workers) 6.there is a class bias in law enforcement, therefore the police and the courts are more likely to arrest and convict members of the powerless social cclasses and groups 5.physical charastics and life styles of offenders and victims-research suggest that given the saame crime the ugly ppl who attack attractive ppl are judged more harshly by judges and the jury, also judges and jurys have more problem being convinced that good looking people have commited the crime, which is why defense lawyers want their clients to dress properly while in cases of rape the defense lawyers othen make it sound like the victim asked for it and it was not an assult...young men who wear hells angels jackets are more likely to get stopped aand searched by the police 6.famiy and intactness-matters when in comes to criminal justice bcuz we know children from broken and dysfuntional homes are more likely to be arrested by police chapt 4 in text crime trends and patterns in canada 1.collection of crime statistics and their limitations-funneling effect in the administration of criminal justice..50% of crimes are reported to the police,50% of crimes are not reported to the police..90% of crimes reported are reported by the citizens, 72% of the crimes reported to the police aare cleared by charge(arrested,charged then turned to the court for prosecution),65% of those who are chaarged are convicted, only 4% of those charged will be sentenced the rest will get probation the main reason that crimes are not reported is because the crime was not important enough to report the crime to the police,60% said even if reported the police could not do nothin about it.,24% said it was inconvienant to report the crime and did not want to take the time to report it 11% said it was a personal matter therefore did not report it to police.....police records include only the most serious offences in a criminal incident involving numerous crimnial acts ie.a male breaks and enters a house rapes and kills a women,only the murder is reported.....there are self report surveys given to attain hidden criminology in society, to report your own involvement in crime through and anonymous questionaire 2.are crime rates increasing over the years-urbanization,family and community controls break down..the rates of crime in society changes in our lifestyles which provide opportunitys for crime( ie. young ppl todaay spend more time away from home,which means they they have the opportunity to get corrupted..women who reside by themselves aare more likely to be sexually assulted by others)..other factors include changes in the criminal law decrimilization and criminalization...changes in the way police respond to crime..the increasing police force includng private security agents..when you have a large police force they are more likely to arrest people.....also the age composition in the community,, with a younger age composition the distribution of crime will be higher..we now have gangs with guns fighting over the control of drug markets(40% of canadian woment serving time today is related to drugs)(25% of homocides are related to drug)..some crime rates in the atlantic provinces and somewhat higher then ontario and quebec 3.public preceptions of crime,fear of crime and risk of victimization-victimization of violent crimes is higher among young ppl under 25 years of age yet they display the least concern about crime, violent victimization is also high among diviant minoritys. ie. prostitutes, drug addicts,gang members and homosexuals..these individuas are less likely to be protected by the police because of their lifestyles..criminologst argue that certian personality types are more likely to become victims of violent crimes,victims who prevoke crime(ppl who ask for trouble)..the one who have self confidence,,good self image are less likely to be victims..the media does not reflect the actually source of crime they only represent the worst ones theres a disporportionate emphasis on sensational events catagorys of crimes 1.violent crimes(crimes against the person)-the use of force we humans use to control the other persons behavior,to punish the other person for threatening our self image and threatening our economic intrest...we use force to carry out deviant acts and punish those who humiliate us, we use force to protect ourselfs from others(protective reaction violence)..we use violence to control and use power over another person..use power to accomplish certian political objectives(ie terriorists)....most of the violent crimes are mostly crimes against another person crimes such as rape, robbery,homocides-which account for only 0.2% of all violent crimes in canada.......90% of the violent offenders are males that are relatively young btwn 18-30 yrs of age and majority of them tend to come from the lower socioeconomic classes...over 85% of the victims of violence like homocide are killed by a family member 49% or a person they know, only 15% of victims are killed by a stranger....2/3rds victims of homocide are males, male victims are more likely are killed by a stranger and female victims only 5% are likely to be killed by a stranger....women victims are family members are 60% in canada cases most likely spouses or lovers..most likely women who commit homocides are committed against their own children, these women tend to be young,single aand are stressed about the situation......the native women rarely kill their children...women in canada are 9times more likely to be killed by a spouse or a lover then by a stranger, the most risky place for a canadian female is the home and the most dangerous time is during seperation from a husband or a tend to kill both men and women while women tend to kill just men and less likely to kill other are also more likely then women to commit suicide after committing murder,especially killing a spouse....if a man kills another man and then commits suicide this often suggests a homosexual relationship before it went south...lots of spousal violence btwn aboriginal people,3x more likely to be victims of spousal violence then those who are non aboriginal, sociologists say that one of the factors btwn high rates of spousal violence in aboriginal communities are the use of alcohol with the mix of aggressive personalitys..common law relatipnships are most likely violent due to seperation and coming back with eachother, prior marriage to another also weighs as a can kill just to control a sitution, women can killl because they have lost control of themselves,80% of murders commited by women involve self defense to something such as an abusive reltionship, african american tend to be more involved more in criminal violence then the white female, this is suggested because african american women have more stresses like low paying jobs, lower class commuties,family breakdown,gender stereotypes etc. 2.crimes against property- theft of 5000$ or less is most prevalent, theft over 5000$,possesion of stolen goods,fraud,breaking and entering, most likely to be commited by young males under 23 yrs old....max penalty for breaking and entering in canada is life in theft ammounts to about 170 thou incidents per yr in canada,most common reason for stealing a car in canada is joy riding, the number 2 reason is to obtain car parts for assecories(chop shops),some cars are stolen to be used in other crimes such as robbery or to sell the car in another country...criminologist relate high rates to property crimes to 1.extensive ownership of goods in our homes 2.a change in the routine activitys of everyday life(now more then ever before more people work outside the home, go on vacation,more likely to park our cars away from home)........the recents stats in canada indicate a decreaase of breaking and entering offences during the last ten years this may be due to the decrease of youth population, new security systems,neighbourhood watch. 3.crimes without victims/ complaints(prostitutes,gambling etc)-the victims of these crimes seldom file complaints to the police,to criminalize such offences and then arrest and prosecute the offenders produces serious conswquences for the administration of criminal justice such as high cost,prosecutional expenses,costly rehabilitation criminalizing prostitution,drugs,porn,gambling continues to organized crime in our society, sociologist argue that its not even worth trying to enforce these laws, due to the fact that the offenders continuely return to doing the same offenses immediatly after...however child porn and child prostitution are serious problems throughout the world,thousands of children and photographed and fillmed in a manner of sexual activity,raped and saudomized, child porn is used to seduce,blackmail, and satisfy the sexual desire of men, a worldwide US child porn is 2 billion dollar industry per yr....child sex pacakge tours to philipines and thiland have been offered in several other countries like germany,usa.....we see the selling of children for adoption and prostitution in south america,they are exported from chili,puru,bolivia...studies indicate parents in these countries sell their children due to poverty...child porn aand exploitation are more common in modern industrial society with relentless competition for profits by any canada 65 thouu boys and girls are working the streets,they tend to come from abusive homes that have experienced physical and sexual abuse and neglect, kicked out of house by parents and have no alternative accomadations therefore these youths become a prey of the pimp..minority youths such as gay,lesbians and bysexuals have twice and high rates of victimization 4.organized crime-illegaal marketing of goods and services by organized groups for economic gain...4general charastics-1.conspiritorial activity-involves many ppl in the planning and prosecution of illegal acts.2-primary goal is economic gain,through the provision of illegal goods and services.3-connected with lugitimate business as fronts that facilitate the laundering of money attained illegally.4-it is predatory crime, the persons involved in these activitys use intimidation,corruption,exploitation and violence in their dealing with associates in other criminal groups,costumers,victims and group members who need discipline......organized criminal activitys found in canada are Illegal business activitys-narcotics,pornography,illegal gaming,prostitution,racketeering,loan sharking....on the other hand tactical crimes are also commited such as arson,assult,bribery,extortion,murder.....this results in billions of dollars in banks..laundering of to corrupt public officials...they invest in small buinesses ie. hotels,resturants,auto sales
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