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Lecture 10

Sociology 2260A/B Lecture 10: soc 2260 mar 16

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Sociology 2260A/B
Brenda Kobayashi

Thursday, March 16, 2017 soc 2260 Law and Social Control - our laws are used as a method of social control. behaviours can be controlled in our society. - criminal law: do something wrong get punished - Civil law: you get punished by having to compensate someone. - Incapacitation - most common notion is being incarcerated - its separating an individual from society - not necessarily useful for eliminating recidivism rate but it does help by taking dangerous offenders out of society. - theoretically society is safer when people are incarcerated but it is more of a short term solution - Deterrence - general deterrence: punish an offender to deter others from offending it. - specific deterrence: punishment is for the offender to prevent them from reoffending - tort law deters people with market deterrence - individuals weigh the pros and cons, they max their gains and minimize their pain - punishment may deter some wrongs and some offenders but not all. - instrumental offences— take planning, plan on how to mac the benefits - expressive offences— heat of the moment, emotional based, crimes of passion, murder is an example but only if not planned (2nd degree) - high commitment offenders—committed to being a criminal and the criminal life so they learned to live with threat of punishment so deterrence doesn't affect them - low commitment offenders— fear of punishment can deter them- minor offences 1 Thursday, March 16, 2017 - Medicalization - medicalization refers to the process of defining behaviour as a medical problem or illness and mandating the medical profession to provide treatment for it - they can be controlled through our regulations and stuff so with substance abuse they have programs that they have to complete - can be institutionalized - “if you follow this treatment program youll get a lesser sentence” White-Collar Crime - Crimes of the privilege - they get better lawyers and have money to represent themselves - they often go undetected and they are highly respected citizens and so no one really looks for it and when they find it, the white collar offenders get off easy. - a lot of victims don't even realize that they are a victim - Sutherland (1949) - “crime committed by a person of respectability and high status in the course of his [sic] occupation” Law & Morality - law also used to control morality, and continues to ban behaviour that is deemed immoral. big example is prostitution - Prostitution • SCC - Criminal Code of Canada (these were illegal until 2013) • Section 210: prohibition on keeping or being in a ‘bawdy house’ for the purposes of prostitution; • Section 212(1)(j): prohibition on living on the avails of prostitution; • Section 213(1)(c): prohibition on communicating in public for the purposes of prostitution 2 Thursday, March 16, 2017 - Charter of Rights and Freedoms • section 7 prohibits the rights to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. - The SCC shot down these laws because they were unconstitutional for the reason listed above. — will look more into prostitution next week. Discord over Death Penalty - 2012: U.S., India, Japan retain capital punishment— only democracies left. - Canada vs USA - the USA, capital punishment was declared unconstitutional by US supreme court in 1972, so they struck down and overturned a mans constitution and it is a cruel and unusual punishment and went against their rights,
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