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Thomas Fleming

CC100 Office: RCE226; THURSDAYS [email protected] - TA for Introduction to Criminology Look more into Criminology Association at WLU campus Criminology - Scientific study of crime, criminology and criminal justice system Reasons why people commit crimes: Folklore Based on one crime/case, the law should not change the laws Durkheim – sociologist who contributed into criminology (famous study: suicide) ―why do people commit suicides (…)‖ looked at stats ; how many, where, when, methods, suicide notes? The young people commit crimes because they think that they wont be punished for long Youth crime has declined over time What is crime? Deviants caused by sinning against God Women were powerless Widow – (wear black) associated with being a witch (moved out to a forest to live off the natural) back in the day people used to blame them if their child was stolen, thought that they ate them Witchcraft trial – if you confess you go to heaven, if not you go to hell but always burned alive anyways ―You‘re a wild beast‖ – just like Satan, got to chain you up and beat you up Underlines the law – norm (lining up; if you leave the line you cant get back to the place where you left off) and/or folkway(keeping negative comments to yourself) of behavior (ideas how to behave in the society) Norms lead to laws (ex: cutting grass, painting a fence) Police has no power over civil problems Aspects of criminology: Victimology – study of victims (started in mid 1970‘s) Sexual assault (rape) only 1/10 was reported to the police & 9/10 of crimes were not reported Dark figure of crime: crimes are committed but not reported due to fear, embarrassment, family pride Victim social assistance volunteers Police submit criminal statistics to statistic Canada Sociology of Law - structures of society, civil rights, power relations in society Two types of law; Mala in se (crimes of/in themselves) & Mala Prohibita; crimes caused by statue-legislation/parliament) Basics of Criminology Two ways to view of criminology: Consensus; majority agree with what is criminal law & what the law says Conflict; various groups fighting for power, in conflict with one another, arguing Two levels of crime Actus Reus(Latin for ―the act‖) Something has to happen (can‘t charge people for an act that have not been performed) Can you prove the act was committed? (committed by that specific person) ex: person is missing and death is presumed - can‘t charge a person until the body is found & examined After 3-5days a child is usually dead (statement) Sometimes an undercover work will be used to prevent a crime (fake bombs, becoming friends with a criminal) Mens Rea (Latin for ―mental mind‖) Accident (cleaning a gun, shooting someone by accident while doing so) lack of intent, guilty mind, not intentional – can not be responsible (negligent – legal responsibility to maintain personal stuff) falling tree on neigbours house etc. Expressing guilty mind (they WERE good kids instead of ARE – knowing that they are no longer alive) – physical signs; shaking, shuffling in the seat, avoiding eye contact Burden of prosecution (innocent until proven guilty) defenses that can be raised. You can prove the death using circumstantial evidence could lead to conviction but it is not always good (direct evidence) – eye witness if its reliable (not under influence of alcohol/drugs & healthy) Charter rights are often violated by young police officers while they look for evidence (reasonable grounds for police search of personal belongings) Partial defense: Provocation (road rage, bar fights) but does not relieve you from all the charges Intoxication: not a defense in law anymore, but used to be (a babysitter put a baby in the fire because she was drunk, a 50year old guy raped a 60year old woman who was in the wheel chair) Self defense: you can use a reasonable force to repel an attack but killing is not a part of it Insanity: not knowing the right from wrong, mentally too ill to be placed in a trial, treatment of this illness is very slow Victimless (SCHSR) Heinous ―Ignorance of law is no excuse” – judges use that phrase if one does not know about something being against the law and uses it as an excuse By laws – laws which state where you can sleep, when you can put out garbage etc. Safe street act You can‘t engage in aggressive begging – asking for money ex: after withdrawing money from a baking machine Running on the street (downtown Toronto) in between cars Texting and driving September 19, 2013 Automatism – most intruding defenses in the law, aggravated by stress Ken Parks (lived in East of Toronto) he killed his mother in law while he was asleep (automatism). His father also suffered from automatism, he would prepare a meal in the middle of night and would be violent if you tried to wake him up. Ken was embezzling money from the employer to fund his gambling addiction, and he was not taking meds. Rendered NOT guilty, however must seek treatment to control the condition. Sexomnia – extremely rare, form of automatism A young lady invited a man to her apartment who was kicked out of a bar. She fell asleep, and woke up to him being on top of her having intercourse with her. He was released form the charges, due to Sexomnia (having sex not being awake) Consent: no charges used to be life sentence (25years) Did the victim say yes? (sexual assault) If you are under influence of alcohol/drugs you cannot consent Mistake of fact – Someone is selling expensive stuff for a fraction of the actual price. If you buy it, you cannot claim that you didn‘t know that it was stolen. Deterrence Generals – the existence of laws discourages us from criminal activity, Specific – deter the individual from further criminal acts Stigma – labeling someone (tattooing Jews, back in the day prostitutes used to be marked) Habitual offenders – people who keep offending again Reason for criminal penalties is to deter society from criminal acts Victimless Crimes (E.Schur) Consensual acts between two adults. Prostitute meets John Doe to discuss details about the trade she can offer. September 24, 13 Research methods - for research you must have a method Research approach: Survey Blunt instrument (collecting a lot of data very quickly) its quick to access it & to analyze it Find a point that is reliable (reliability) Random sample (ex: anyone in a population, 1 in 10 rule) Sometimes surveys provide information that is not correct due to the attitude (Ex: surveying a population about a death penalty after a terrible crime happened) Readers of Toronto Star have conservative point of view Deliberating (robbing a bank for adrenaline rush, not for the money) Robbers never contemplate life in prison/consequences Participant observation; ethnography, field study Going out into the field to study crime and criminals Chicago 1930s they wanted to use the streets as laboratory William Whyte wrote a book ―Street corner society‖. He studied people; he had to establish a report (people let him hang out with them) Sponsors – got to meet one of the groups in neutral land to show that one wants to hang out with, and a member of that group need to ―sponsor‖ the person. ―This person is cool to hang out with‖ Need to fit in to the group (clothing, like minded) Snowball techniques – when you are interviewing for a while, a few days later people will know who you are, know the price of doing the survey etc. because it will spread with the word of mouth. York University professor Livy Visano; He wanted to do first case of study about male street prostitutes. He introduced the idea to his class, and one of his students introduced him to his ―prostitute friends‖, he hung out with them as their friend, would not record them/make notes while he was with them, but would excuse himself go to the bathroom and write point form notes then. Male street prostitutes define themselves as straight. Young men leave home because of need of personal freedom (see streets as freedom) & don‘t want to go to school, listen to older persons with higher authority. After the age of 16 you can be legally on the street. Brand new prostitute will make more money because customers are looking for ―fresh meat‖. The police stopped Livy Visano, and didn‘t believe him that he was a researcher. When they searched his pockets and didn‘t find anything, they told him they would keep an eye on him October 1, 2013 Historical Research / Content Analysis How are records kept? Consensus Records – every few years the gov‘t of Canada sends out forms to every house hold and it is mandatory to fill out. Questions about how many people live in house holds, their age, giving a snapshot of records at that certain time England kept original records of everything from 150 years back High Holbourne Street in England (registry office) keeping records from 100s of years back) Canada is not as good with keeping records from the past Winsor, Canada: ran out of storage room, kept the records on the stairs and had to throw them out due to them being destroyed by a flood How to research criminal records from 100‘s years back? Newspapers: Microfiche machine stores newspapers for 100s of years back Finding the author of the article/finding the defense attorney or people involved in that case & approaching them in person to find more information about it Criminal law; insanity defense called: M‘Naughten (spelled wrong) - McNaughton (right spelling). Wrong spelling has been used for over 100 years 2005 year is known to be the Toronto year of the gun Boxing day, an innocent girl, Jane Creba was shot in the Centre of downtown Toronto. Shooting was done on a big holiday in the city where a lot of children were at that day. Newspapers looked for repetitive accounts (journalists will interview the same people seeking for repetitive information/reactions to crimes; Asking the neighbors who will say that nothing like this ever happened in their neighborhood Combine information on crimes in other places to make the article even more ―interesting‖ to grab viewers attention Certain murders get enormous attention of reports, because the results are charged right away instead of dragging it forever The same year there was 2more shootings that occurred at the York dale mall in Toronto Theory – explanations The theories that were found years ago would be not much help now days because the nature of crimes changes all the time Cyber crime; been in news Walter Miller Focal concerns Fate autonomy Toughness - not letting others step on my human rights Excitement - involvement in drinking& partying, breaking rules/laws, risk taking behaviours Social learning theory – Foucault Factory worker Middle class measuring rod October 3 , 13 Alcohol & Crime: Substance Abuse Legal drugs; alcohol & tobacco Tax revenue Easy to obtain underage Negative impacts Alcohol: drug when taken in moderation can be very relaxing and enjoyable: religious ceremonies, intimacy and social - Most Canadian adults engage in routine amounts of drinking – they are not engaging in excessive consumption (3-5glasses/week) Peter New was a prof who did a research/study on alcoholism first time in the history Problem drinking: excessive drinking because of an irresolvable problem; to deal with trauma (i.e. being unable to bring someone back to life, the individual takes it out on drinking) Binge drinking; Major concern of researches of crim and psych Exceed normal weekly limit of alcohol within one evening Results; unprotected sex, physical assaults, violence, thefts, illness Can be confined to a certain period of time Alcoholism; Heavy drinking problem, personal weakness. Alcoholics drink the moment that they wake up - before even getting out of bed. They hide alcohol before their family members, all around home and garden. Impacts: loss of coordination, memory, lethargy (tiredness), asphyxiating vomit in sleep, loss of consciousness, alcohol amnesia, violence, affects perception & motor skills Alcohol amnesia; memory loss of what happened the night before Dry out; detox AA (alcoholics anonymous) attempt to treat alcoholism; 12-step system, but a person must be willing to get treated & change, to accept these treatments After 1906, men returned from active duty with posttraumatic stress disorder (PTSD) and often suffered from alcoholism; problem drinkers; alcoholics to get over the PTSD Moral crusade; Woman‘s Christian Temperance Union (protestant) eliminated alcohol (illegal to buy alc) by introducing Prohibition - this lead to creation of underground liquor economy ―speak easy‖ Does the alcohol cause the criminal behaviour? Yes, but it is not the direct cause. Drugs: Prescription drugs: ―helpers‖ Used to deal with medical conditions, available with doctor‘s medical note, can be abused easily – addiction to prescription drugs. Addicts go to various places to fill prescriptions or steal the prescription pad from doctors office to either use it or make a duplicate; either for themselves or to sell pills on the street Non prescription drugs: marijuana, prohibition of it is caused by the history of US; Anslinger figure who was in the war against drugs - convinced parents that marijuana was extremely dangerous drug; ―Women want to have sexual intercourse after smoking marijuana‖ Impacts: we don‘t want doctors, operators of trains, pilots or gun operators to be under influence DUI – marijuana use addiction Unbecoming a marijuana user; Howard Becker Is marijuana addictive? It is a get away drug to other drugs, but would not be normally a perceptive (sensitive) drug Heroin: Highly addictive, produces euphoria, impairs coordination Impact of the drug lessens as you grow the tolerance for heroin Heroin OD‘s are common Constant need for cash to buy it. Results in stealing/borrowing money from relatives, thefts from home, bank accounts, shop lifting (daily basis) If a person is used to a weak heroin and one time takes a strong dose, it may kill the individual Meth: Causes change of brain chemistry. Face, hair and body go under a repulsive modification October 8/2013 Theories of Crime: Theories evolve and reflect when they are written. It is a subject to change & can be improved/modified upon. Theories are constantly tested and improved. According to a theory, results should be the same with each test. There may be multiple variations of the theory. They must be generalizable -- developing theories to explain a general behaviour (ex. theorize the impacts of specific criminal events). Being able to test the theory is a must. Macro Level Theories: attempts to explain the behaviours of institutions against other institutions and groups (how one organization interact with another specific group) Deal with interaction between individuals and groups Problems with Theories1 Ethnocentrism: tendency to theorize based on our own personal experiences and not on scientific data. Early Theorists in Crime (fathers of criminology) Beccaria - believed in the idea of a "social contract" -- we give up a bit of our personal liberty in order to live in a group, get together, take a little bit & give a little bit How we configure the social justice system The legislature (law making) should be independent from the judges/judiciary Laws passed by one group and administered (managed/controlled) by another Believed that we should judge the harm of the crime by looking at the damage it did to society Penalty must be proportionate to the crime they committed (proportionality) Lombroso Doctor in a prison, charged for doing autopsies on dead criminals, judging the physical appearances of criminals (beady eyes, pronounced noses, unpleasant faces etc.) creates theory on the appearance of elite soldiers Famous for his book "The Criminal Man" -- famous across Europe; the book became a best seller He believed individuals who are criminals, were born criminals (born with criminal tendencies) Atavistic anomalies: throwbacks to an earlier state of human evolution People liked this theory -- the rich people used this theory to justify why people of lower class are criminals Develops various types of criminals Charles Darwin • Criminaloids -- describing psychopaths, people who commit episodic crime Police Force October 10, 2013 Midterm: 74 questions Multiple choice; definition of serial murder? Select best/most appropriate answer. (T/F) **Donny Brasco: (good movie to watch about a detective) Police Force: As population of London grew, the need for police force got larger (1800s) Robert Peel started an organization of Police force, separate from the army, someone who can respond quickly to vandalism, thefts, homicide, and assaults People serving in that organization were only men, called ―Bobbies‖ that came from Peel‘s middle name; Bob. The first police were modeled after military model, which is why they are uniformed Chief is in charge of police department – liaison between the police board & the public Characteristics of police officers in 18 century: young, male, fit, from working class People decided to become a police department because they knew the working class area well and grew up with these working class people. They will tolerate a lot of crimes because they know the person, and instead of ticketing they would give a warning. Officers have discretion to whether ticket you or not. Officers are allowed to amend their statement (correct themselves ex: writing a wrong car colour on a ticket/ taking down the wrong license plate info) Hierarchy: resembles military, divisions of work - specified departments that deal with different types of crimes OJ. Simpson Case; Rule Magnum Shoes size 12; the footprints found at the crime scene were unusual and Simson declined to own that pair. Later police found a picture of him wearing it at a conference Reactive: most of policing (85%) is reacting to citizen-initiated crime, they respond to noise complaints etc Proactive: 15% of police initiate in the investigation (Ex: Drug bus & roundups) *Budget: 1 Billion dollars a year for Toronto police force. Richard Ericson: Well known criminologist, studied detective decision making. participant observation; arresting persistent criminals to deal with ―boredom‖. Come in the middle of the night to search a house for stolen goods, find something that was stolen and arrest the individual. Then go to the judge to get the warrant signed. Left handed warrant: not a legitimate warrant. A real one is when judge gives a warrant on reasonable grounds. Detectives must be very ethical when doing their research Judges are more likely to believe the officer than the criminal. Mr. Magnota – Killed a chineese student and chopped him into pieces, then shipped it do different places. October 22, 13 G20  Group of countries which determine economic issues around the world  How we can reduce the amount of money we pay specific individuals in society  When you go back to your country try to introduce legislature that goes against unions  Issue: breaking up pension plans  We over trained the number of people we need for certain occupations  G20 meetings in large cities; organization that wants security.  Problem in big cities: you cant guarantee security of world leaders  Security provided by the RCMP in Toronto: officers from around Canada, 15foot tall fence surrounding the conference area  Citizens not allowed to drive in certain areas of the cities  Public works protection act 1939 (PWPA) – law that states officers are allowed to arrest people who are in the areas of gov‘t buildings and don‘t want to identify themselves.  In the court people are subjects to search; people in the past were shot in the court houses by their enemies  PWPA was passed not in public but ―in secret‖ as the notice was published in a magazine that wasn‘t commonly read by people  Fundamental freedoms – Charter of Rights were ―taken away‖ from Canadian citizens during the G20 protest (est.1500) arrested for 3 hours and held in pouring rain (for wearing black clothing as rep. of black block)  U of T student union was raided by police, argued that a baseball bat in the corner of a room was a weapon October 24, 13 G20 – continued Protests: Issue of fundamental rights  Judge states: protesters have the right of protest and have the right to be seen /heard by those who they are protesting against, but cannot protest on public property, protest with violence, & with prohibited acts ex: child pornography as ―art‖  PWPA right for police to arrest within 15f if you fail to identify yourself  Police have designated areas miles away from the G20 meeting area, where "they can" stop you, force you to identify yourself and arrest you  Violation of: a) Security of person (police officers cant stop you without reasonable grounds to stop you) b) Right to freedom of expression (reasonable limits of speech ex: cannot protest on private property) c) Right to gather, protest & right to legal council after being detained  Chief of Police said that Queen Park in Toronto would be a safe public place where the protesters would be able to protest/ rest after the protest & express their opinions… however the police started arresting people at the park after issuing an unclear warning that couldn‘t be heard by people.  In Toronto, license is required to protest in a specific area  You cannot protest against a certain race in attempt to incite hatred (example: in court of law, you are prohibited to argue that the Holocaust never occurred  Roy McMurtry -- well-known political figure, produced report based on G20 Protests -- states: police should NOT have used the PWPA to control protesters because we already have laws & criminal code that do so (examples: obstructing police, property damage) --- severely criticizes police actions and requests for individual police officers to be held accountable for their actions. Only one police was convicted for assault of a protester.  Ombudsman-Morpan*** (sp?) -- another report criticizing police actions  Chief of Police designated that Queen's park is a "safe place" to protest and suggests for citizens to use the area for expressing their opinions... however, police began arresting protestors in the park after issuing one unclear warning that was not heard by the people Three major concerns post-protest include: 1. Number of arrests (over 1000) 2. 3. October 29, 2013 Aboriginal women and violence in Canada  Shawn Atleo: National Chief Assembly of First Nations o Investigation to violence  John Hyltum  How long is that aboriginal women end up being victims of violence? Robert Pickton:  Number of women go missing from east side of Vancouver o All women were sex trade workers o Had problems with drugs o Lead risky lifestyle = more vulnerable for victimization o Lower east side of Vancouver has many social problems, known for drug addiction/drug sales, needle injection clinic o 26 victims, more than half are aboriginal o Invented women to his farm for a ―party‖ kills them & feeds their bodies to the pigs o Forensic investigators dig down 15feet down in the yard then sift through all of the dirt for any sorts of clues – took around 9months o DNA for 27 victims found, 1 of them cannot be identified o Forensic investigation – 71 million dollars before even entering the court room o Only 6 murders are charged: 6 strongest cases in terms of evidence o One prostitute was stabbed by Pickton (& she stabbed him back) escaped and went to the police; they didn‘t believe her because she was not a reliable source o Aftermath: investigation of the police  Le Pard Report & 400 RCMP  Linkage Blindness: police unable to establish linkage between the cases because the 2police department s didn‘t work collectively to solve the case—they didn‘t talk amongst each other because both departments wanted to solve the case  Director of the latest Report hold public hearing but doesn‘t use the publics voice as evidence in their inquiry  Turf Wars Risky lifestyles: placing yourself in more danger situation than you may be Levels of prostitution: 1. Working on the street 2. Working as escorts & massage therapists 3. Work at their own apartments 4. Work as call girls - Low tolerance for street prostitutes - Public deviance - Violent crime often goes with street protection - Muggings - Drug use accompanies prostitution Kim Rossmo: Canadian criminologist specializing in geographical profiling - Studied the first PhD in Canada to become a police officer - Looked for a proof that the women were alive; called shelters, looked for medical records etc for any proof of them being alive – didn‘t find anything. - Sent a report to a police chief officer of Vancouver that stated they were all dead, the chief did not - Got demoted from being detective, even though he was the very first person to get Criminal PhD - Detectives and police officers didn‘t want to consider his idea that there is a serial killer, so they threw it out of their system - February 2002 (6months later) police called to the yard of Robert Pickton found ID of one of the women on the table  What happens to the prostitutes? Reasons the police officers tell the families of the sex trade workers who cannot be found o Moved out to a different city in circuit (common places for prostitutes to work at) o Don‘t want to be found o Drugs &/or alcohol Guy Paul Morin - Convicted of the murder of a 9 year old girl - In prison he apparently confessed to the murder by saying ―I REDRUM the innocent‖ yet, this never appeared on the tape - Wrongly convicted – jailhouse snitches are often involv
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