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Scott Clark- CRM102 MIDTERM 1 REVIEW.docx

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CRM 102
Scott Clark

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CRM 102: Midterm #1 Review Chapter 1 & Week 2 • Criminology has a theory approach (seeks to study, analyze, and research alternative theories in order to institute reform of some kind) (multidisciplinary) • Other approach is critical/analytical (suggest one must stand back from policy decisions and ask bigger questions, such as ‘What if…?’) • Criminology focuses on sociology of law (social aspects and institutions of law), theories of crime causation (referred to as criminogeneisis), and study of social responses to crime (examine institutions of the CJS; police, courts, corrections) • Crime: No absolute definition, answer depends on culture, norms of the society, perceptions and conceptions regarding what constitutes criminal behaviour • Formal Legal: Crime is what is written by the stated, attached with a penalty • Social Harm: Criminal and civil offences (assault and negligence) both bring social harm and therefore deserve penalties • Cross-cultural universal norm debate: Crime doesn’t vary across cultural norms; murder is murder regardless of the society you are in • Labeling approach: Crime only exists when society labels an activity as a crime • Human rights approach: Crime occurs when a human right has been violated, regardless of the legality of the act • Human diversity approach: Crime is deviant behaviour resulting naturally from response’s to unequal power relations • Law is socially produced & is not static; law changes  meaning of crime changes (ex: Criminal code applies to 18 and over, not on youth) • Intro of Bill C-127 (Jan 4 1983) made changes to laws of rape and replaced three levels of sexual assault; removed gender-bias from law, spousal rape was no possible and males could also be sexually assaulted • Time passed  crime became transgression against the state, not against God • Media has a huge impact on defining crime, they primarily focus on ‘street crime’ • CSI, Law and order – crime is seen as violent and random; anyone can be a victim • Criminals seen as evil, police seen as perfect; in real life crime is not random, criminals are not always evil, and police are not perfect or always successful • Realist approach says crimes exists ‘out there’in society and we need to uncover and record the ‘dark figure’of crime • Intuitionalist approach views crime has a ‘social process’ • Critical realist approach says crime measure is characterized by both ‘social process’and a grounded ‘reality’, focuses on victimization • Policy, laws and regulations meant to govern our behaviour and ensure security of the public • Main determinants are media, public, certain power players, and politicians • Conservative: Status Quo –dissenters should be made to conform; ‘Core value system’to which everyone should confirm; values/institutions should apply equal to all citizens • Liberal: Limited minor changes in social institutions; address specific social problems without radical changes to social/economic culture • Radical: Undermine legitimacy of status quo; social conflict is a major social concern, key issues is who holds the power and resources; address poverty through reconstruction of social relations • Youth justice has been a blend of conservative and liberal consequences • Juvenile DelinquentAct (1908, LiberalAct): Social welfare model, assumed poverty, school problems, family problems caused delinquency; state would try to take of the youth • Young Offenders Act (1984): More justice oriented ideology, more emphasis on personal responsibility and accountability for wrong doing • YCJA(2003): Responds to those calling for more punitive actions and for more considerations for youth in trouble with the law; violent, habitual acts=strong punitive measures but less serious offenders get community based sentencing • Individual: Personal/individual characteristics of the offender/victim • Situational: Immediate circumstances within criminal activity or deviant behaviour occurs, such as how participants define the situation • Social structure: Relationship between classes, sexes, different ethnic groups • Biological positivist looks at characteristics of individual offender (genetics) • Classical theory focuses on choice –offender chooses to offend or not • 1530s England: Crime to be vagabond (unemployed and idle); branding was the sanction; if over 18, could be hanged unless work secured for 2 years • 1600s throughout Europe: Witchcraft was a common crime; socially constructed through religion (offending Christian God, churches held power); death penalty • Stanley Cohen: ‘Moral panic’phenomenon; when there is a panic or overreaction to from of deviance or wrongdoing perceive to threaten moral order • Cesare Lombroso: Biological positivism; measure differences amongst individual & their behaviour; pathology –some differs are abnormal; determinism –factors beyond individuals control affect his/her behaviour; measured facial features, etc. • Chicago School (Early): Sociological positivismSocial disorganization theory; Middle class=good, working class=bad; competing values lead to social disorder, which lead to crime • Chicago School- immigrants and lower class live in the center of city (downtown) so there is more crime in these areas, lower crime rates as you move outward (working class= bad, middle class= good) Chapter 2 and Week 3 • Classical theory–based on individual rights, human capacity to reason, rule of law • Law came form England (common law), France for Quebec (civil law) • Monarchy and the landed aristocracy came under great pressure, justice system paralleled the shift from feudalism to capitalism • Under feudalism, laws were arbitrary (localized and favored those who inherited power and land ownership), failure to comply was brutally repressed (torture) • Churches held a lot of power, judicial decisions were made by those in power; at the whim of the person judging (no checks and balances on power) • Classical approach to law and crime gave birth to social, political, and economic upheaval; at the core –relationship between individual rights, the state, & equality • Rights of people should be protected against arbitrary use of power and all people were to share rights equally • Utilitarian’s: Cesare Beccaria (optimistic) and Jeremy Bentham (pessimistic) • Beccaria: punishment should aim at deterrence, not vengeance; jail preferable to and more appropriate than torture or death; social action should always be the greatest happiness for the greatest number in society • Bentham: Punishment should offer more pain than law breaking is worth (pain/pleasure rationale)  pain must outweigh pleasure • British NorthAmerica (BNA)Act of 1867, ConstitutionAct of 1982 (now the supreme law of Canada; includes the charter of Rights and Freedoms) • Canada is bijurial: based on 2 legal traditions –civil and common law • ConstitutionAct and Criminal Code applies to all of Canada • Precedent: Judges base their choice on previous judges in similar cases • Common law: based on decisions made by judges over many years, beginning in England  system of rules based on precedent • Civil law: Based on Roman law (From France, the Napoleonic code) –prescriptive rules written in books, proclamations, statutes • Government regulates both parliament and territorial/provincial legislatures • Parliament – only make laws when assigned by Constitution • Provincial – only make laws regarding matters in which it has been assigned • Law protects individual rights and allow free choice (must not have social harm) • State must regulate human interaction while protecting individual rights • Social contract exists between individuals and state:All individuals are equal under the law  Rule of law • People are free of choice but must be held accountable for their actions • Deterrence: Specific –aimed at the individual, General –aimed at society at large • Punishment must be appropriate to the offences committed (punishment fits the crime) and be the same for everyone • Critiques: Not everyone are capable of making rational choices (children, people with mental illness); Justice system becomes bureaucratized, therefore inefficient • Rational choice theory: Emphasizes conscious intent and rational choice • Just desserts approach to sentencing -4 basic principles: Only the guilt person can be punished; if a group is guilty, all must be punished; penalty must fit the crime • Discretion & rehab are unimportant  focus on deterrence, so punishment is key • Bill C-10: Longer, mandatory minimums for certain offences; restriction of judicial powers in use of discretion; reduction in use of parole and conditional sentence (community service, house arrest, limitations) • Emphasis on deterrence not on rehab and prevention through social programs • Rationale is to deter via punishment and emphasizes the victim rights and protecting society (putting away bad people) • Crime prevention can also be done through environment designs; RCMP goes to schools and talks about drugs; rec centers; CCTV; clear lines of sight; YCJA • Contemporary Critiques: Focus is on the offence not offender; some people are more able than others to use the law to heir advantage (Conrad Black) • Classical Theory is more open, systematic justice system; it values the rights of the individual in the system –in principle equal rights and equality before the law; places limits on judicial discretion; focus on incarceration, not death • Classical theory developed during social change–transition from feudal to capital • Mercantile capitalism- introduction of trade laws and taxation (King favored
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