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Criminology Textbook Notes For Test #2

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SOC 227
Addie Nelson

CH. 2 – The Origins and Role of Law in Society ­ formulation of law require the existence of a central body that develops law and enforces compliance with it o such as a state; an institution that claims the exclusive right to the legitimate exercise of force in a given territory through the use of police to enforce laws or the army to maintain civil stability Patterns of Human Social Organization Mode of production- the dominant form of social and technical organizations of economic production in a society, historically, a variety of modes of production can be distinguished based on both technology and the structure of social relationships Lenski developed the following classification: hunting and gathering, pastoral, horticultural, agricultural and industrial societies Small- Scale Society ­ discussion of their typical practices for settling disputes Ideal type- theoretical construct which is abstracted from experience and brings together observed characteristics of real social relationships. Observed empirical instances are combined to create a social form that has conceptual coherence which is never entirely observed in any actual community but can be used as a standard against which to compare any real community Collective solidarity- a state of social bonding or interdependency that rests on similarity of beliefs and values, shared activities and ties of kinship and cooperation among members of a community The Need for Self-Restraint ­ hunting and gathering groups were small communities of approx. 50 members who were closely related kin ­ social networks were dense and characterized by a high degree of social visibility Diffuseness of roles- a characteristic of relatively simple societies in which people encounter one another in a variety of overlapping roles- there is little occupational specialization and no clear separation of private and public spheres of life. People are continuously reminded of their extensive bonds with others ­ each member learned to cultivate personal restraint and impulse control in order to prevent the breakdown of a working order Mutual Benefit ­ everyone received equal share, regardless of their contribution ­ each was expected to care for all members of the community ­ helps keep greed away A Community of Belief ­ structure of small-scale societies is fostered both moderation and compassion, which acted as powerful curbs to selfishness ­ a shared system of customs and patterns of behavior in domestic, economic and political life grew out of the personal and interpersonal accommodations that were required of such intimate social actors ­ no freedom of belief ­ one’s location in the kinship system established basic duties, obligations, rights and privileges ­ failure to meet obligations jeopardized one’s relationship with others in the community ­ kin groups accountable for behavior of their members ­ the customary ways provided meaning for members o their common purpose helped foster commitment to community beliefs and practices The Absence of Surplus, Stratification and the State ­ hunters and gatherers live cooperatively ­ the need to move regularly, limited the amount of person belongings a person could have o little difference in people’s possessions ­ possibility of generating any significant surplus under these conditions was limited Surplus- the excess of production over the human and material resources used up in the process of production. In simple societies, there was often little if any surplus since the production from hunting and gathering was entirely used up in subsistence. With the development of animal herding and settled agriculture, production exceeded immediate subsistence needs, and social inequity and class division became possible when particular individuals or groups were able to take control of this surplus ­ the absence of surplus suppressed the emergence of economic stratification and any form of state-lie structure or political institution ­ the only form of power available to them was others influence o influence based on status derived from hunting o social status was a group property, not a personal attribute Dispute Settlement in Small-Scale Society ­ problem must be solved as quickly as possible in mutually agreeable ways ­ community pressure to end the problem ­ each party had to give and receive info from the other in order to learn of the other party’s need and expectations Types of Disputes and Their Settlement 1 ­ many disputes among hunting and gathering peoples concerned women ­ women were valuable producers, adultery, failure to honor marriage agreements and the taking of a woman by an enemy caused serious disruptions ­ other conflicts: improper food distribution, asymmetrical gift exchange, laziness, stinginess, theft and murder ­ murder infrequently happen ­ greater incidence of theft and disputes over the use of land ­ primary method of redress In small-scale society was self-or kind-based redress ­ other methods used less frequently were advisor or mediator systems Self- or Kin-Based Redress ­ public criticism, shaming rituals, expulsion from the group, blood feuds, and reprisal killings ­ some food gatherers developed a scale of fines for certain types of infraction ­ the injured party had to initiate the dispute processes ­ society had customary expectations about the appropriateness of difference reprisals o too harsh response could evoke group disapproval and sanctions o if the reprisal was considered to be more serious than the original offence, the initial offence would be expunged and the original offender would become the injured party o an individual could lose the support of their family by retaliating too vigorously ­ self-redress is a regulated social process ­ if an individual violated a custom, they suffer the consequences o their kin did not provide protection from legitimate ­ if punishment is too harsh, a retaliation was initiated and conflict continued until both ideas were satisfied o an exchange of gifts often signaled the end of hostilities Advisor Systems ­ - extension of the self-redress method b/c the victim or it would enforce any retaliation ­ disputants approached advisors, who tended to be men who were warrior, hunters or speaker o mature and regarded as public repositories of wisdom about customs and rituals ­ dispute settlement process was activated when one or both parties sought out one of these high-status figures ­ not required to use this method, but expected to do so ­ each party presented it case, the advisor recommended what should be done ­ he interpreted the case with respect to custom ­ he was a moral authority ­ an advisor gained status by being able to settle disputes without the outbreak of revenge activity o strengthened his moral authority by resolving disputes The Transformation from Small-Scale Society to the State The Slow Emergence of Social Power ­ they were able to resist any aspirations to autonomy and power by their members ­ influential members still had to be responsive to the opinions, expectations of the rest of their community in order to retain their special status Tribalism- where social bonds are based primarily on peoples real or assumed common descent from an ancestor or group of ancestors and this shared identification distinguished the group from outsiders. In such societies, all social relationships tend to be direct and quasi-familial ­ privately owned land and livestock meant the more fortunate members of the community were able to generate a surplus o this surplus enabled them to rely less on the community for their survival The Evolution of Inequity ­ the power constellation of small-scale society was horizontal or flat and under the control of the community as a whole ­ emergence of surplus, stratification and the basis for factional power gave rise to the pyramidal power constellation of modern societies and the development of the state in rudimentary form ­ in small-scale societies, everyone was expected to discharge their obligations directly to other community members ­ the social elites were able to redirect his exchange to enhance their position in the changing social order Transformation in the Forms of Dispute Settlement ­ types of disputes changed as society changed Elder’s Councils ­ performed legal, political, economic and administrative functions 2 ­ disputants had to submit their despite to these councils ­ several levels of councils: local and regional councils with different powers ­ formal language, recourse to precedents and rules of conducts all marked the seriousness of the occasion Chieftainships ­ chief was the highest political authority in the community and had the ultimate power in settling disputes ­ chieftainships tended to be based on heredity or supernatural knowledge and were made up of rich men from influential families ­ expected to display oratorical skills, wisdom and knowledge of customary ways ­ chiefs had the right to select their successor ­ able to intervene in a dispute without being required to do so ­ had the power to order executions, beatings, etc ­ no form of self-redress was allowed unless he approved o ­ he often consulted community members before making a decision Paramount Chieftainships ­ much like kingdoms, based on hereditary aristocracies and drew together a large number of communities that retained some level of local autonomy ­ were complex, hierarchical structures ­ chief surrounded with retainers and nobles who performed judicial and administrative tasks ­ paramount chief had control over a large geographical region and a sizeable population ­ held court in a capital city ad district or circuit courts settled most disputes ­ most serious cases came under the jurisdiction of the paramount chief Modern State Systems Feudalism- a system of economic and social organization found historically in several areas of the world From Tribalism to Feudalism ­ primary basis for social order prior to feudalism was tribal kinship ­ feudalism was a social system based on the tenure of land ­ use of land was granted to the vassal in return for military service o this relationship was based on subjection, had a quasi-familial tone and the lord had a duty to protect and feed his serfs in hard times ­ the lord controlled the use o the land and a serf could lose the right to use it only for neglect of the land or failure to meet obligations ­ no central power existed in the early period of feudalism ­ in tribal times, food feuds were the primary dispute settlement mechanism The Emergence of the Centralized State ­ English kings slowly expanded and consolidated their power over the feudal landscape ­ Compensation was paid to kings, lord and bishops rather than to kinship groups ­ Norman kings saw themselves as the injured party when a crime was committed because the harm was against their peace ­ The Crown replaced the victim as the injured party and compensation to the victim’s family was replaced by fines that were payment to the Crown The Coalition of Merchants and Monarchs ­ king wanted his power consolidated and needed political support and financial assistance, while the merchants wanted a unified and safe trading area ­ merchants benefited from this new arrangement b/c they were able to gain greater access to land o the feudal lords’ losses in war brought the merchants the land that the lords had put up as collateral for loans ­ as the merchant class grew, social life became increasingly regulated by contracts that were regulated and enforced by a strong central state Bourgeois class- used by Marx to refer to the capitalist or ruling class in modern societies Regulation by Law Transnational cooperation- has sales and production in many different nations Free trade zone- a specially designated geographical area within a nation that is exempt from the regulations and taxation normally imposed on business. These zones are intended to facilitate cross-border production and trade Four examples of uncontrolled harm: 1) toxins into the air, waterloo, soil and food chain ­ having consequences for human health 3 2) the systematic assaults on entire ecosystems, in pursuit of profit have resulted in loss of diversity, habitat, species extinctions and deformities in animal and plant life forms 3) extreme levels of economic inequality continue to grow 4) the annual world military expenditure is some $1464 billion Tudor- refers to the period of English history from 1485-1603 ­ restorative approach is not limited to aboriginal communities o helps to empower the victim of crime in any community and increase their participation in the dispute resolution process FOCUS BOX: TRADITIONAL INUIT AND OJIBWAY DISPUTE SETTLEMENT ­ practice in one Inuit village was to call entire village together and put the actual event forward as a hypothetic event which might happen sometime in the future ­ everyone must forward their views as to how things might be handled if this was to happen ­ each party was provided with a counseling elder who worked privately to “cleanse his spirit” ­ when both elders touched the peace pipe, it would be lit and passed to all o signal that both had been “Restored to themselves and to the community” CH. 8 – Early theories of Criminology th ­ prior to the 18 century, theories about crime were inspired primarily by religious beliefs and superstition ­ wrongdoers were suspected of being possessed ­ economically independent women and women who lived alone and outside the protection of men were most susceptible to charges of witchcraft ­ enlightenment philosophers believed that people were free and rational beings Classical School- considered to be the first formal school of criminology ­ associated with 18 to early 19 century reforms to the administration of justice and the prison system Cesare Beccaria published An Essay on Crime and Punishments criticizing the cruelty that characterized the criminal justice system of his day ­ the roots of classical criminology lie in the philosophy of the enlightenment ­ social contract theory represented a new way of looking at the relationship between people and the state o some people gave up their freedom to the state and in return they agreed to protect the citizen’s right to live in security o social contract made with consent of both parities ­ classical theorists believed humans were rational beings ho carefully calculated the consequences of their behavior ­ Beccaria argued that the punishment should fit the crime o They the punishment should follow not too long after the act o It should be clear and simple enough that people could understand it The Statistical School: Social Structure and Crime ­ associated with early social scientist who began to explore the structure of emerging European societies with the assistance of statistical methods ­ work of Andre- Michel Guerry, Adolphe Quetelet, and Henry Mayhew o they believed crime was the result of natural causes o they were positivists ­ they saw behavior as the product of a whole host of factors o systematically analyzed the statistical info available to them and tried to find a relationship between info and crime o great deal of their work was based on geographical or cartographic analysis Lombroso and the Positive School Positive school- first scientific school, consisted of Cesare Lombroso, Raffaelo Garofalo, and Enrico Ferri ­ they supported the assumptions of positivisms and argued that criminality is determined ­ Lombroso brought the methods of controlled observation to the study of criminals, comparing them with non criminals in order to isolate the factors that caused criminality ­ His idea was widely accepted at the end of 19 century Atavism- believed that some criminals were born criminals; atavistic ­ born criminals talk differently b/c they experience the world differently ­ different types of offenders were characterized by different physiological characteristics Stigmata- physical signs of some special moral position. ­ felt that woman had fewer stigmata and lower crime rates than males b/c they were closer to their primitive origins 4 o their negative traits were neutralized by their maternal instinct, piety and lack of passion TYPES OF CRIMINALS 1. Epileptics ­ in addition to their disability, they also had the atavistic characteristics of criminals 2. Criminal insane ­ insanity led to involvement in crime 3. Criminals of passion ­ criminals who contrast completely with born criminals in that they lack any of the criminal stigmata ­ show some resemblance with epileptics ­ commit crimes b/c of noble and powerful motives such as love or politics 4. Criminaloids ­ includes anyone who commit a crime but does not fall in the other categories precipitating factors other than biological ones caused criminality among this group ­ lack some stigmata, but they differ from born criminals only in degree, not in kind ­ after long periods in prison, they may even come to resemble born criminals ­ positivists thought that punishment should fit the criminal Biological Theories in the Early 20 Century ­ goring proved Lombroso theory wrong o he found a correlation between criminality and low intelligence William Sheldon described three types of basic body types: Endomorphs- fat, round bodies and easygoing personalities Ectomorphs- tall and lean with introverted personalities and nervous disposition Mesomorphs- who have well-built, muscular bodies with aggressive personalities and quick to act and insensitive to pain, and most likely to be involved in criminal behavior Theory Theorists Key Elements Classical Theory Beccaria Humans were rational thinkers, those who Glueck/Glueck contemplated breaking the law considered the Pollak positive and negative consequences of their actions Neoclassical theory Tarde A measured system of punishments was needed to deter crime Statistical School Guerry, Quetelet, Mayhew Helped to develop a more individualized system of criminal justice Positive School Lombroso Explored the social causes of crime. Related th structural factors such as inequality to crime. Early 20 century Goring, Hooton, Sheldon, Criminals were born, not made. They were atavisms Biological Goddard who were less evolved than the law-aiding CH. 5 – Correlates of Criminal Behavior Correlate- any variable that is related to another variable. Age and sex are the two strongest correlates of crime Correlation- a relationship that exists when 2 or more variables are associated or related to one another ­ different crimes peak at different ages and rates of some types of crime decline much more slowly with increasing age Maturational reform- the observation that involvement in crime tends to decrease as people age ­ self report data have to be done at a particular location at a given time ­ males more involved in criminal acts than females ­ women have increased their participation in crime, although the increase has been greatest for minor property crimes like theft and fraud ­ early theories of female criminality emphasized biological and psychological factors ­ more recently, greater emphasis on the importance of socially structured differences in gender roles ­ convergence hypothesis suggests that as the social roles of the sexes become more equal or begin to converge, differences in their criminal behavior should diminish Role convergence- explanation for the rising crime among women has been that their roles have become similar to those of men ­ certain race minorities are over-represented in the Canadian correctional system o racial profiling may explain the over-representation ­ the high risk age group for homicide and other violent crime is 15-24 ­ reasons for over presentation of aboriginal people in Canada: conflict between the values of aboriginal culture and the dominant Canadian culture; the social and economic deprivation experienced by many aboriginal people stemming from their colonization and oppression and resulting in higher aboriginal offending rates ­ aboriginals had to spend time in jail b/c they couldn’t pay for their fines 5 Cultural explanation- emphasize the lack of certain traits in Aboriginal culture that are valued in the dominant white culture Structural explanation- emphasize the economically and socially depended position of Aboriginals in Canadian society. ­ most common drugs investigated in the drugs-crime relationship are heroin, crack and cocaine, and the most common offences are burglary, theft and robbery ­ countries with greater inequality in the distribution of income have higher homicide rates ­ provinces with higher migration of population have higher rates of both violent and property crime ­ social disorganization theory suggests the increase in size, density and heterogeneity of a community leads to a weakening of community cohesiveness and normative consensus ­ economic deprivation suggests the causes of urban crime in poverty and inequality in the distribution of income ­ routine activities theory suggests that features of urban locations are particular conducive to crime ­ within urban centres, crime rates vary by neighborhood ­ most important correlations of crime are age, sex, race, drug abuse, social class and region ­ alcohol plays a major role in the crimes of aboriginal people ­ violent crimes are higher in less economically developed countries, while property crime is higher in more developed nations CH. 15 – Deterrence, Routine Activity and Rational Choice Theories ­ labeling theorists would suggest that crime would increase if imprisoned because the punishment may stigmatize people and reduce their opportunities for a life in a non-criminal world ­ offenders may adjust to prison life, they may learn criminal values and skills in prison or they may create feelings of resentment against society
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