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Crime final review .docx

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SOC 1500
Scott Brandon

Crime and Criminal Justice Final Exam Review 1 PART 1 Objectivist and Subjectivist Objectivist approach:  uses the scientific method (observation of specific individuals) e.g., why they committed said crime  consensus: majority agree what is right vs wrong behaviour (human behaviour classified into good, bad or criminal)  causation: crime is caused by certain events, phenomena in the environment - find cause to find the solution (objective) - good for looking at severe crimes (murder, rape) Subjectivist approach  Label: act determined then labelled a 'crime'  crime seen as "subjective" experience (person A engages in behaviour so does person B but only one seen as criminal  Power: those without power can easily be labelled criminal  Conflict: who is deciding that a behaviour is criminal?  free will, but power is important in how behaviours are perceived - good for looking at morality crimes (drug, prostitution) Crime data: UCR, victimization, and self-report UCR  Proactive is when they patrol the area - Victimless crimes like drug use and prostitution.  Reactively - The community calls in.  can compare crime rates all over Canada and to other countries  it is consistent from one year to another  Reported - not all crimes are reported to police so we are not getting a true accurate portrait of crime. Self - Report Surveys  systematic biases in police data  asking to report crimes you have committed  Strengths - certain crimes are far more likely to be captured in police data than in others.  poor people are over represented in our statistics relies on memory isn't as reliable  May not be truthful Victimization Surveys  personally been a victim of a specific crime in a time frame  member of household a victim of crime  worst crime that has happened to them/someone in their household Correlates of Crime (age/gender/class- how they correlate) Age - late teens to early twenties. - young males are more likely to be victims of crime. - 30 is the cut off age (more crime under the age of 30) - Homicides - ages of 18 and 24 - organized crime is typically performed by older people. Sex - most predictor of crime is the gender - it is a young MANS game - Infanticide is killing child under the age of one (female - related to a chemical imbalance or postpartum depression) - Females are more likely to participate in fraud and theft Quantitative - how many are male or female, more time spent on youth, adult lasts , youth last 90 seconds  Manifest Content is what is on the service - time, space, how much crime, how many stories in one news paper, how many criminals mentioned are male/female/age. More time means more important Qualitative  Latent Content - language, unintended/under the surface, not easy to count/see, meaning, values attached to a story Miscarriages of Justice (wrongful convictions) R&L Which ways are people wrongfully convicted Miscarriages of Justice 1) Wrongful convictions- you have deemed guilty of a crime you did not commit 2) Failure to respond/protect- failure of state to respond or protect their citizens  Policy changes: to prevent wrongful convictions in the future Wrongful Convictions  Questions: was someone’s rights violated which resulted in their conviction? Raise questions about the legitimacy of our justice system  DNA:  Crime control: quick justice leads to wrongful convictions  Death penalty: you cannot fix a wrongful conviction after the fact How it can occur (WC)  Eyewitness error: people mistakenly testify  Professional misconduct: police bias (wrongful investigation methods, withholding evidence)  False confessions  Erroneous forensic science: when evidence gets contaminated or wrongfully reported or interpreted  Use of jailhouse informants: Crime and Criminal Justice Final Exam Review 3 Classical School: There are 5 central tenants engaged in behaviour: 1) Hedonism – Want’s pleasure, feel “good” in-turn avoids pain and harm. 2) Free Will – Want’s to do it. 3) Social Contract – One gives up his/her hedonism for social order. 4) Punishment –Punishment should have value to the person being punished. Should overweigh the profit, greater seriousness=greater punishment. 5) Utilitarianism – is defined as the greatest good for the greatest number of people. How deterrence theory relates to classical school o The penalties and ways to avoid the classical school behaviour are done through the deterrence theory. This theory helps avoid the classical school behaviour in criminals so that one will not commit crime again. - Deterrence Theory: There are six types of deterrence. 1) Absolute deterrence – terrible penalties, in which are scared to commit crime in the future. 2) Relative deterrence – reduced crime if made more difficult or risky, means having more control. 3) Cross-deterrence – the fear of having a penalty which influences others to commit another crime. Ex) Car Theft. 4) Restrictive deterrence – a way for criminals to be more cautious. Narks/Police Officers, Etc. 5) General deterrence – demonstration effect, seeing others being punished. 6) Specific deterrence – directly affects the criminal. The experience of being punished makes the individual not wanting to commit the crime again. Arousal Theory (Eyesenck)- augmenters and reducers - Augmenters: More senses and stimuli, you typically will not be criminal because you are trying to relax more than anything - Reducers: Their senses are dulled and are very easily bored and are constantly trying to increase their arousal and take lots of risk and are much more likely to be criminal Functionalist perspective (consensus) what are functionalist arguing/how do they look at crime - Main argument: No society is completely crime free and crime has always existed Latent Functions: are functions of deviance that are un-intended, informally, done outside the state. This creates jobs. Ex. Police, Courts, Parole, etc. Manifest Functions: are functions of deviance that are intended on a purpose and official means. Ways to adapt for anomie (she said she wont ask us about conformity)  Innovative: unacceptable means to obtain goals (I.e. drug dealers or thieves who sell for cash)  Ritualism: has accepted legit means. Just do the least amount of work possible to get through the day – don’t expect to get ahead  Retreatism: rejects means as well as the goals – withdraw from society, escapists. (I.e. drug addicts or the homeless)  Rebellion: either reject or accept the means but going against the status quo (I.e. communists or anarchists) Strain Theory/Anomie:  ANOMIE- We have a sense of normlessness, we are in a state of which we do not know how to behave or we do not know the rules o What you have defines you: pressure on people to have a particular status - The strain theory states that social structures within society may encourage citizens to commit crime. People adapt to Anomie in different ways. There are two concepts to this as well: 1) GOALS – this is done through what society sets. Ex. Material Wealth 2) MEANS – the legitimate mean done through education and work. Ex. Work hard to get that dream. Differential Association - Main argument: Some social groups promote criminal acts. We are socialized to either be conforming or nonconforming, and that groups that encourage deviance are more likely to have more crime This relates to White collar crime because the middle-upper class society that generally commits WCC is a distinct group that promotes this kind of criminal activity Techniques of Neutralization 1: deny responsibility – refuse to accept responsibility for their act. Blame others or circumstances: “I had to do it” “wasn’t my fault” Crime and Criminal Justice Final Exam Review 5  2: deny injury – denying that the injury to others is real. “that person wasn’t really injured” use harm as a way to justify it  3: deny victim – the victim isn’t really a victim “they deserved it in some way”  4: condemning the condemner – pointing the finger at the person who is making the accusation. They are a hypocrite in some way (police are corrupt, a teacher was smoking but giving the student a hard time)  5: appeal to higher loyalties - motivations are honorable, doing it for the greater good/someone else; “only cowards back down” Social control theory: inner and outer control - Our inner controls are made through socialization; we feel guilt when we do not perform and feel good when they do conform - Our outer controls is where there is potential loss of social and economic rewards; we want to conform because we could potential lose something outside of us that we want. They can be direct or indirect. Indirect is when people to not want to hurt or disrespect others that they care about to be in their favour Social Bonds: 4 social bonds that make us conform  Attachment – attachment to conventional others, ties to lie-abiding friends and family, care about what they think and therefore want to conform  Commitment – people have a commitment to conventional institutions and goals: goals may not be attached to monetary wealth  Involvement – involvement in conventional activities (part-time jobs, sports, full-time jobs) adults have a greater investment with their job  If you are busy with conventional activities, there is no time for delinquent activity  Belief – accept the rules and regulations, belief is in the legitimacy of the law Organized crime: illegal and legal activities and the characteristics of organized crime - Gambling: Can bet on things that are based on chance and is monitored closely. If you gamble illegally, you cannot be taxed and your winnings are typically much larger - Loansharking: somebody is borrowing money from them, and they lend money that is typically at a higher interest rate then you would have legally. People do this if they cannot get money legally. Advantages are you get loaned money with no questions asked besides how they are going to pay them back. Reasons to do this is to revive a business and need money quick. Sometimes it is to pay off gambling debts. Sometimes it is tips for investments and do not have the money right at that time. And before banks, people would get it from a loan shark - Racketeering: pay a fee for protection. They can be victimized for refusing to pay. Usually found in drugs. They can engage in legitimate and illegitimate activities. Characteristics: 1. Clients that are engaged in organized crimes are people that follow the law and do not see themselves as victims and they are not going to tell the police 2. The criminal activity being engaged in is highly rationed, skilled people are involved and plenty of time is used for planning. They usually have very good criminal lawyers 3. Structure and subculture protect them from the police. Most of the communication if from word of mouth. The subculture itself focuses on loyalty and silence if somebody is caught 4. The criminal law posses a problem; it is designed to cope with an individual engaging in a certain offense, rather than a whole organization. Being a member in an organized crime group is not considered a crime PART 2 The saints and the roughnecks  Looking at 2 highschool gangs form a small times The Saints  Characteristics: good, white stable students  Activities: Constantly skipped, drinking all day, engaged in vandalism but none of them were arrested.  School: They mostly got A’s and B’s, yet they were rarely there. A lot of the teachers gave them the benefit of the doubt The Roughnecks  Characteristics: Lower class, white boys, poor, ugly clothes.  Activities: Constantly in trouble with the police even though their delinquency was not even a quarter of the,m saints. Activities: fighting, drinking.  School: Had C’s and D’s. If they did happen to fail something, a teacher passed them so they didn’t have to deal with them another year. Result of: Crime and Criminal Justice Final Exam Review 7  Visibility: roughnecks were more visible. More likely to be arrested.  Demeanor: The saints were very apologetic (they sucked up), roughnecks were more hostile.  Bias: Labeled the roughnecks as delinquent therefore treated them poorly.  Reinforcement : by public, teachers, police. Labeling theory  Context o Argument: it’s not the act, but the contextual meaning attached to it to define whether or not it is deviant. 2 types of Labeling theory: 1. Informal labeling: Labelling that occurs through friends/family/peers. Tends to have less of your consequences 2. Formal labeling: done by agents of social control. Ex: police, doctors, psychologists etc. People with authority. Consequences are a lot greater than informal labeling.  Defined vs. definers: It depends on if you are being defined versus the definer. Those who are being defined as deviant tend to occupy lower social standings.  Power: The argument: dominant groups can force less powerful people to do the things that they want. Labelling theory  Dramatization of Evil: looked at juveniles. o Juveniles: argument young people engage in many activities but they are seen as being objectionable. Adults disapprove of those activities. Adults make laws to prohibit the activities of young people. Ex: drinking. o It is dramatic if one youth is punished. It hopefully keep other people from doing the same.  Status Degradation (Ceremony) o This happens when someone has a good standing status has been degraded in some way. o People then look down upon you because of this new status. o It is done through a ceremony of court where you are labeled as guilty and then sent in to be punished. o It could also be done through the media. H.S Becker: looked at crime as a label. Focused on: 1) Moral Entrepreneurs  People with power to create in enforced moral norms.  Some people go on a mission to try and make certain things illegal because they see it as morally wrong.  Actively focus on getting public attention for support. 2) Deviant Career:  Found that deviant people can have careers in the same way they can have legitimate careers.  Said you could be deviant and still could go through normal stages of career  4 Stages: Novice (Don’t have any kind of expertise), new recruit(Still new, but you have some skills behind you and you start gaining experience), Veteran (mentor new recruits) and retiree (you retire) 3) Master status- Looking at peoples social status. Overrides all other statuses, regardless of the context. Might affect how people respond to you, how they see you etc. Master status can be: o Achieved: Going to school to become a lawyer. o Ascribed: One in which we are born to. Ex: Born a female/ race. Marxist Theories Marxist Theories “Radical Criminology" -A perspective that holds that the causes of crime are rooted in social conditions that empower the wealthy and the politically well organized but disenfranchise those less fortunate. - Contemporary radical criminology: holds that causes of crime are rooted in social conditions that empower the wealthy and the politically well organized, but disenfranchise those less fortunate - Chambliss and Seidman’s position in four propositions:  The conditions of one’s life affect one’s values and norms. Complex societies are composed of groups with widely different life conditions  Complex societies are therefore composed of highly disparate and conflicting sets of norms Crime and Criminal Justice Final Exam Review 9  The probability of a given group’s having its particular normative system embodied in law is not distributed equally but is closely related to the political and economic position of that group  The higher a group’s political or economic position, the greater the probability that its views will be reflected in laws  Relations of Power: Power people have within society can set up a structure of society  Societal structure: argued there’s a conflict amongst society and it gets resolved around issues of power. The structure of society is set up in a way that favors those with economic power.  Argument: Bourgeoisie gets to create and enforce law.  Bourgeoisie: those who own the means of production. Owns factories. They paid people to work in their factories.  Proletariat: the workers that sell their labor power for their sustenance. Contemporary Marxists 1. “Reaction to Deprivation” thesis to explain crime  Capitalism o People who typically aren’t rich, live in poor conditions. o Argument: people will generally will think and behave in their own economic interest.  Property crime: means of earning is very low so they engage in property crime (dealing/selling drugs)  Violent Crime: stealing, or way to vent frustrations for their marginal positions. 2. “Crisis of legitimacy”  Legitimacy of authority: how social order looks at legitimacy of authority  Political leaders and institutions:  Social institution: citizens see social institution as unfair.  Consequences: Social protest, rebellion  E.g.: Riots Athens Application of Law 1. Instrumental Marxism  Sees the Ruling class as a part of conspiracy to work together to create laws within their own community.  Explains statistics: That is why we can explain the overrepresentation of the lower classes and the underrepresentation in the upper classes in the criminal justice systems.  School (education): even other institutions in which people are taught to benefit the upper classes. (ex: no stealing) 2. Structural Marxism  Do not view the Ruling Class. Says it’s unrealistic. They compete amongst themselves.  State role: state mediates between different competing groups.  State protection: the state occasionally protects the workers, but its only short term Conflict Theory Liberal Conflict theories  Power  Control of law and society  application of law  Criminal Activity  Criminal Careers Culture Conflict  Conduct norms: How to behave in a particular society.  Culture and subcultures- when different cultures or subcultures come into contact with one another, it can create conflict. Group Conflict  Groups: humans are compelled by necessity to become involved with one another in a group context. And that’s the best way for our survival. Could be an effective way of achieving our best interest. Jeffery Remain  Looked at the ways in which crime is constructed  Wrote a book: The rich get richer and the poor get prison  Looks at the Reality of crime: Why is it when someone murders a person it is considered a crime, but if a corporation kills a whole bunch of people, it’s considered an accident. o Characteristics (gender, location, race and class)  Fear: who is feared by a typical law abiding persons.  Argument: we have a greater of a chance by being killed by white collared crime than street crime  Hypothesis: the reality of crime that we have is based on the decisions of legislatures who define crime into criminal law. o Legislators o Police and prosecutors: decisions made by police and prosecutors Crime and Criminal Justice Final Exam Review 11 o Judges and juries: decisions of juries and judges o Sentencing: Victimology: Routine Activities theory  Argument: Everyday living created structure of opportunity that people will come into contact with.  You need 3 elements: 1. Motivated offender: will be a young male motivated to commit crime. 2. Suitable target: a place or person differs in how suitable they are to be victimized. Some places are less secure or more open, or easily attainable to commit a crime against. Some things are more valuable, visible, and accessible. Targets vary in terms of how well they can be moved. 3. Capable guardianship: Absence of guardianship. The degree to which targets are protected (home neighbourhood watch, private security, more guarded). 4. Victimology: Punishment (Restitution)  Restitution- a criminal sanction, in particular the payment of compensation by the offender to the victim. o At one time in Canada, the responsibility for requesting restitution law with the victim. o Many who were not aware of this option failed to petition the court, and restitution was not ordered. o Addition to the Criminal Code of Canada: has extended the use of restitution to criminal cases involving criminal injury.  a judge is allowed to impose a sentence of restitution to cover expenses  requires victim surcharge to be automatically imposed in addition to any other sanction handed down to an offender convicted of an offence. Sexual Assault:  Sexual Assault –level 1: Minor (touching, grabbing, threats)  Sexual assault—level 2: Present of a weapon or a cause of bodily harm. (Any kind of penetration)  Sexual Assault—level 3: aggravated sexual assault. When there is serious harm to the victim that requires medical attention. o 1988: amended to add issues of children in 1988 **-School shootings (general findings- victims), how the victims impact the type of coverage in the media as a result **-net widening -Juvenile reporting (legislation) Reporting Juvenile Crime JDA (1908) : Juvenile Delinquency Act: No reporting of juvenile delinquency at this time Court was closed and was informal YOA (1984) : 12-17 yrs couldn't be identified but it could be talked about if accused of crime Court open to reporters because of the belief that we would come up with better policies to react to these problems Instead the media sensationalized it YCJA (2001) if 16 or 17 convicted of serious offence (murders, aggravated sexual assault) and given an adult sentence can be identified UNLESS you live in Quebec where in no circumstance can a young person be identified in the media (lowest rates of crime by young people in the country) -Crime news models, market/manipulative know the difference 1) Market model: news is shaped by the interest of the public 2) Manipulative model: news agencies/owners decide what stories are told, usually in a way that is in their best Homicide - The death of a human being that was the result of something not natural.  most common is manslaughter, least common is first degree First Degree: Murder that’s planned or deliberate. Most serious.  Most common form of F.D.M. (if you kill someone, and they  Sentence: life in prison without parole before 25 years. Second degree murder: In the criminal code, defined as murder that is not first degree.  Burden of proof is on the crown attorney.  It account for about 20-30% of homicides.  The sentence is 25 years with the possibility of parole prior to 25 years. Manslaughter: Homicide that occurs through the heat of passion. Reaction has to be immediate.  Other criteria: refer to fighting. The intent was assault, but someone ends up dying. You were in a fight and it got taken too far.  Typically, people don’t intend to kill people. Happens in the heat of the moment  Sentence: MAX- 25 years. Average that someone gets though is 8-15 years. Infanticide: When a female/mother caused the death of newborn. The child has to be under the age of 1.  Usually the sentence is a psychiatric supervision. It depends on the circumstances among the homicide. Mass murder: the murder of 2 or more persons at a time or place at the same time. The most common is: ·Family annihilation: when family members are victims. Crime and Criminal Justice Final Exam Review 13 Typologies: Pseudo-Commando- have fascinations with fire arms. Planning it out, going it out, and shoot everyone. Disgruntled Employee: When a worker feels wronged and they go back and seek revenge. AKA going postal. Disciple: Following of a charismatic leader. Happens in cults. · Set and run: set an emotion but are absent from the scene and watch it from far. Serial KillingCommonly believed that it’s a series of 3 homicides by an individual or couple that spans over weeks, months, or years. 4 types of robbers: 1) Chronic - do it frequently but do not specialize 2) Professional - long careers in robbery, lots of research and preparation 3) Intensive - spur of the moment, depends on opportunity 4) Occasional - usually not alone, not usually planned - easy to catch 5 types of robberies: 1) Bank robberies - notorious, lots of planning, usually no weapon 2) Convenience stores - low profit, usually use weapon, typically successful 3) Street Mugging - steal off a person (pick pocket, steal purse) 4) Home Invasion - pushing in someones house while they are home *new 5) Car Jacking - wait for car to be open, steal & sell or part out - target valuable vehicles Carjacking – Typical among young people for joy riding or selling for parts – Considered theft over 5000 Corporate Crime - Refers to crime committed either by a corporation or by an individual acting on behalf of the corporation - Victim = consumer, public External Factors 1. Capitalism - Greed creates crime - Elites can often defuse the problem o Get product recalled, pay a fine - Government can implement laws - Examples are pollution, cut corners, unsafe products 2. Competition - Typically in the private sector and not for profit sector - Compete with others so they feel pressure to cut corners - Auto industry would sell unsafe vehicles, Ford Pinto was unsafe and caused 500 deaths, Ford was charged with murder 3. Market Structure - Looks at how a market is controlled by different corporations and how company controls an item - They decide to hurt the customer by raising prices 4. Opportunity - Conditions under which a company operates - If a company can do something to make some money then they will - Companies pollute and cut corners to save money Individual Level Factors - Differential Association - Through interaction with others, individuals learn the values, attitudes, techniques, and motives for criminal behaviour. - Requires access and opportunity - cannot be committed by everyone - Techniques of Neutralization 1. Deny Responsibility - Refuse to except responsibility for their acts and blame others - Example: Wasn’t me, had no choice 2. Deny Injury - Deny the injury to others is real, use harm as a way to justify - Example: Nobody was hurt so it wasn’t deviant 3. Deny Victim - Deny that the victim is actually a victim - Example: he was bullying me so he was asking for it 4. Condemn the Condemners - Pointing back at the person who is making the accusation, being hypocritical in some way - Related to police - Example: If I don’t do it to them they will do it to me 5. Appeal to Higher Loyalties - Someone is behaving deviant and their motivations are honourable, doing something for the greater good - Example: I have to feed my family Crime and Criminal Justice Final Exam Review 15 Sutherland - white collar crime, it was because they wear suits to work - Sutherland argued that corporate crime was still a crime because it violates norms and caused crime - Many people believed it wasn’t a crime - Example: Price fixing, unsafe products, unnecessary repairs Part 3 Moral Panic - Seeks to explain a particular type of over reaction to a perceived social problem - How people react to police and authority, often exaggerated - Feeling that members of a society pose a threat to society and the moral order, something must be done Labeling Theory - Based on the idea that people are deviant only when society labels them as deviant - Drug users are often also labeled as deviant Conflict theory - People are in competition for scarce resources, the rich often control the
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