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CRM 102 Study Guide - Midterm Guide: Marital Rape, Social Darwinism, Napoleonic Code

Course Code
CRM 102
Scott Clark
Study Guide

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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

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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 Delinquent Act (1908, Liberal Act): 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)
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