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Intro to Criminology Midterm 2 Notes

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University of Ottawa
Steven Bittle

Intro to Criminology (Post midterm) Anomie/Strain V: Cloward & Ohlin’s: Delinquency and Opportunity  People have different opportunity to participate in both legal and illegal opportunity structures  You need to be exposed to deviant opportunities in order to behave in that manner o Critical ingredients in production of crime is the degree of interaction between illicit and licit worlds  3 main patterns: o (1) Stable criminal patterns: close link between legitimate and illegitimate opportunities (organized, profit-oriented crime)  When presented with legitimate options, there is an equal illegitimate option presented to them. If they can’t achieve certain goals, then the illegitimate option is there and present.  Role models in both legitimate and illegitimate models o (2) Conflict pattern: both legitimate and illegitimate opportunities are blocked, young criminals have few role models, crime is spontaneous, disorganized and violent  Expression of frustration with society, they are not getting taught pro social behavior o (3) Retreatist patterns: criminals who are ‘double failures’ rejecting both legitimate and illegitimate opportunities  Rejected middle class opportunities because they couldn’t achieve them, and then tried to achieve illegitimate opportunities, but also failed. Four Assumptions of ‘Conflict Theories’  (1) Every society is subject to change  (2) Dissensus and conflict are everywhere o Idea that there is disagreement, and that conflict is simply a fact of life  (3) Every part of society contributes to disintegration and change o School, educations, jobs are not really about harmony and consensus, but rather produce conflict and opportunities limitations o There is evidence of economic disparity and inequalities in the distribution of power  (4) Society is based on coercion of some by others o Those who are in a dominant position of authority and they make up what is a crime and who is a criminal  Therefore, conflict theorists start from the premise that society is characterized by conflict. Labeling Theory:  Attempts to punish or even treat individual offenders were likely to increase subsequent illegal conduct by stigmatizing them as criminals and by modifying their self-concepts  Labeling theorists are symbolic interactionist who see society as the product of the everyday interaction of individuals  No act is intrinsically criminal, it is the law that makes an act a crime, crimes are defined by groups that have power to influence laws  Labels do no stick to powerful people because laws have been formulated to benefit powerful groups Labeling Theory I: Edwin Lemerts Two types of ‘deviance’  Tells us there is no truly objective definition of crime o Defining what is a crime and who is criminal is a tool for criminalization, and being able to treat someone as criminal o No one is inherently criminal  Someone is deviant because someone or a group has defined, treated, and labeled as such o Their personality is not able to suppress the labeling  How is someone defined as deviant? o Why do some take in the deviant label more than others? o Even false label can become ‘truth’ (even if person is not deviant). Just the label can be enough for a person to internalize the label and act on it  Primary Deviance (criminality) o Initial acts of the individual which elicit social response o Random, occur for a variety of reasons  We have all done it as some point  Some individuals do not have enough of a self worth notion that they accept the deviance label and act accordingly  However, you may get caught, but you do not internalize the criminal label (it does not become part of their psyche)  Secondary Deviance (criminality) o Problems that arise out of the social response to primary deviance and individual self-image and the persons inability to resist such label  It becomes a sort of self-fulfilling prophecy o Official responses can fundamentally change a person  The more a person is involved in the criminal system the more likely they are to internalize it o Secondary can become ‘career criminals’ Labeling Theory II: Howard Becker’s Outsiders  Crime is a social construction o There are situation where we are going to find criminals and create criminals  Social control creates crime, only deviant if society reacts accordingly o Directs our attention to establishing priorities in society, who is most likely to be deemed a criminal o If we didn’t have laws for certain things, we wouldn’t have criminals o The fact that some dominant groups can get their beliefs protected Labeling Theory III: 5 Focal Concerns  (1) Explores careers of criminals which often parallel careers of people in the ‘legitimate world’  (2) Focus is on institutions and officials who define crime and enforce the law (police, courts etc) o The institutions, courts, etc play a significant role in creating criminals, their reactions, responses and laws are what create criminals o Certain groups in society have the ability and power to have their views seen and heard, and become the basis of deviance and crimes o Courts and police help perpetuate these laws, which identify certain groups and force the law against them  Help labeling individuals, they deal with people as ‘clients’  (3) Looks at crime as not only behavior but also as a master status selectively applied to some members of the community o We all have identities in our life (master statuses)  (4) Considers labeling a self-fulfilling prophecy o If we treat people as criminal, they will become criminal o It becomes the psychic of the individuals (internalization)  (5) Concentrates on the self-concept and identity of people defined as criminals o People become stigmatized (their own self worth becomes spoiled, they internalize the label) Ecological Theories I: The Chicago School  Crime is just conflict at social level regardless of individuals (how it create criminogenic situations)  Believed community had a major influence on human behavior  Crime is mainly an urban phenomenon o Disorganization within these urban centers, it is a constant characteristics for urban societies o Assumption that most crime happens within the inner city core  Human ecology operates very much like natural ecology o We need to study communities, people in their natural settings (go out in these neighborhoods and understand where these conflicts are and where crime and deviance begins) o By studying city life, we can understand the causes and distribution of crime  Crime is attributable to the breakdown of social organization o Industrialization and disorganization lead to social disorganization, which reduces social control and leads to deviance.  5 characteristics that distinguish high crime rate areas o (1) High population density: o (2) Poverty o (3) Mixed use of buildings for residence and commercial purpose o (4) Transience o (5) Dilapidation (decay)  Criminals develop an awareness space about parts of the city and in general, offences occur within the criminal’s awareness space  When people know each other in a community they are more likely to intervene Ecological Theories II: Zones of Crime  Clifford Shaw and Henry McKay: transitional zones close to the inner city are most likely to generate high crime rates o The closer you are to the outer city the more disorganization and the more likely you are to see crime o Transitional Zone: outside the business district, deteriorating housing, factories. This zone contained new immigrants (didn’t have much money) so that made those zones inherently disorganized.  Regardless of the racial/ethnic groups who live there, these disorganized zones are ecological breeding grounds for crime Ecological Theories III: Recent Illustrations  Oscar Newman’s “Crime Prevention Through Environmental Design” o We can create defensible space using architecture, lighting, and other ecological strategies (to encourage social control, reduce deviance)  Secure zones, swipe cards, clean, lots of light  Lawrence Cohen’s & Marcus Felson’s “Routine Activities” o Everyday rhythms of life explain crime (availability of targets, absence of guardians, presence of motivated offenders, the spatial distribution of people determines crime patterns)  To have a crime you need a target (person or property), need absence of guardian (property that isn’t secure, or person who put themselves in vulnerable situation), and a motivated offender, someone who is willing to take advantage  Understand if we remove one of these elements, you remove the ability of a crime from happening  Paul and Pat Brantingham’s “Geometry of Crime” o Criminals select targets based on their awareness space (knowledge of their environment), people generally commit crime in their own comfort zones o People commit crimes with a close radius to their homes, and within that disorganized zone Routine Activities: volume and distribution of predatory crime as related to the routine activities of people’s everyday lives and the opportunities such activities present for individuals to commit crime.  Suitable targets: homes containing goods that can easily be resold  Absence of capable guardians: homeowners, watchful neighbors, friends etc.  Presence of motivated offenders: such as unemployed teenagers  When motivated offenders are located around suitable targets that are not protected, there is a greater likelihood of predatory crime Defensible Space: housing can be designed that allows residents to notice and identify strangers, and encourages having an interest in the protection of their territory.  Residents feels safer if they can see and be seen, hear and be heard  High population density areas may attract more police officers, leading to an increase in formal control of crime Pluralist (Group) Conflict Theory I: Basic Ideas  Builds from labeling theory to grapple with power o The actual conflict between different groups in societies  Conflict between authorities and subjects is the basis of criminality  Legislation represents the triumph of a particular group over another group  Crime and delinquency are ‘minority group behaviors’ o When you have conflicts between authorities and subjects in society, we can get the sense that those in power get to decide which behaviors are criminal, and it is the minorities who usually get to be criminal. o Authorities become the dominant and their perspectives become the dominant way of thinking o Winner of the conflict gets their perspective protected by law  4 examples of conflict leading to criminalization: o (1) Political protest movements o (2) Clashes between corporate and labor interests o (3) Racial and ethnic clashes o (4) Criminalization of the poor Pluralistic Conflict Theory II: Austin Turk  Criminality is a status conferred by authorities on subjects o Authorities make laws that make criminals o Their status is what allowed them to define people as criminal  Level of conflict between authorities and subjects determines crime rates and distribution  Authorities and subjects vary in levels of: o Congruence:  Equal amount of agreement between of authority about what is right and wrong, and an equal amount of agreement between subjects of right and wrong, this causes conflict  E.g. political protests o Organization: More organization = more conflict = more crime  If authorities or subject are organized, it brings about more conflict o Sophistication: less sophistication = more conflict = more crime  If group has a congruencies about values that doesn’t go with dominant group, and isn’t that organized, the main society will be able to do something about it (criminalize people) Critical/Radial Theories I: Basic Assumptions  Focuses on the impact of crime on unequal distributions of power and wealth in society  Saying something inherently unequal and problematic with the nature of society (esp. a capitalist society).  To understand who becomes criminal, we must study the economic structure and class composition of society o Understand who gets to be authority, and who is subject to their actions  The criminal justice system like society more generally, is inherently unjust  The state, law and CJS serve the interests of the ruling class in capitalist society, so it is no surprised most of people criminalized are marginalized people.  Crime is a political phenomenon o Capitalism produces individualism o Surplus labor as ‘social junk’  Certain people in society don’t measure up to this capitals way of society (they are outside of the labor market) Critical/Radical Theories II: Instrumental and Structural Marxism  In capitalist society, economic inequality and class conflict are at the root of social conditions o One group has power over another group  Brings attention to crimes of the powerful  For ‘instrumentalists’ the state and law are in the direct service of the capitalist society (rich and powerful members of society) o State is directly responding to the rich, which behavior should be criminalized o CJS, police courts are tools of the capitalists (the powerful)  For ‘structuralists’ the state and law work on behalf of, but are not directly controlled by capitalist o The law cannot be too blunt an instrument of oppression  If it is too blunt, society won’t buy into it, courts, police etc. must maintain the appearance of neutrality in order to win the acceptance of the dominated class  The ruling class need us to buy into the idea o A measure of justice and legitimacy serves the long-term interests of the rich  Why we do see some rich and powerful being sent to jail  Marxist theory turns the spotlight on criminogenic conditions in modern societies Critical/Radical Theories III: Quinney’s 3 Crime Types  Law is a tool of the state and ruling class to maintain social and economic status quo  Crime will disappear with demise of capitalism and replaced with socialism  Crimes of Capital o Suite crimes that flow from the privileges enjoyed by the powerful people, and these are under defined and unpunished because they are in power (won’t apply the law against themselves)  Crime of Repression o Harms and deprivations visited upon the powerless by the powerful, pollution, workplace death, however nothing is done about it. The powerful don’t do anything because they get something out of it  Crime of Despair o Property offences committed by the poor for survival, violence perpetrated by brutalized people in an environment of desperations. o Traditionally be focus of criminology Critical/Radical Theories III: 5 Implications  (1) Street criminals are part of an oppressed underclass o Types of law we develop focus on those who are marginalized  (2) Many criminals are political resisters who are contesting the status quo  (3) We focus on the wrong kinds of crime; far more harm is perpetrated by the powerful  (4) We can establish justice and remedy the crime problem only by changing the structure of society  (5) Criminologists must engage in practice, become activists, and work for the social justice and social change. Pluralistic Conflict and Critical/ Radical Theories: Criticisms and Limitations  Is all crime really the result of social conflict?  Many argue that there is some consensus about some form of criminality (e.g. violent street crime)  Most criminals are not political revolutionaries (in fact, many are very conventional, and believe in the legitimacy of the laws they violate)  Most socialists and post-revolutionary countries still experience a crime problem  Many of these accounts are gender-blind o Don’t consider inherent gender inequality in society, violence against women o Most crime theories are create by men in societies Criminalization, Drugs in Canada I: Prevalence of Substance Use:  We should be more considered with normalizing people who use drugs, not alienate them.  If harm is the basis of drug policy, then many of the current legal drugs should be illegal.  Canadian alcohol and Drug Use Monitoring Survey o 42% have used cannabis in their lifetime  Only certain amount of people actually end up in jail for these types of drugs, it is those who are more marginalized who get criminalized o 89% have used alcohol in their lifetime o 77% used alcohol in past year, 11% cannabis, less than 2% cocaine/crack, less than 1% ecstasy  Shows not many people use ‘hardcore’ drugs  In terms of consumption, alcohol exceeds illegal drugs by a lot o Shows that most drugs that are criminalized by law are not as commonly used as those who are legal.  Alcohol and tobacco are the big killers, yet they are the ones that are legal, and are not the main concern of the CJS, as compared to ‘heavy’ drugs which are the main concern of the CJS.  If one were to use harm to human beings as a reason for making substances illegal, alcohol and tobacco would rank higher on the scale than those who are currently illegal  Many harms from illicit drugs seem to arise from the fact these drugs are illegal o The black market, forces people to use and find these drugs in a dangerous way  Blaming drugs is a standard explanation for crime, however drug use is probably not the cause but likely a symptom of crime  Harms caused by legal drugs/pharmaceutical industry (creates a lot of money)  Eli Lily introduced a faulty arthritis drug in the US in 1980s, responsible for 29 deaths in Europe and linked 49 deaths in the US o Covered it up, so they could continue making money o Shows how legal drugs that are produced also cause harms and sometimes more harms than illegal ones  Bolar Pharmaceutical sold adulterated and mislabeled drugs in the 1980 o Company knew the harm but still continued to produce them  Richardson-Merells cholesterol drug produced serious health problems, and ask lab to not mention it.  Press ignores that methylphenidate (a drug commonly prescribed to children with ADD) seemed to be more addictive and damaging to monkeys than cocaine  Shows harmful impacts of these legal drugs yet we don’t deal with them in the same way MOVIE: Through a Blue Lens  Filmed during time of overdose epidemic  What did you learn from the film? o People have stereotypes of what a ‘typical’ drug addict looks like o Most people don’t intend to become a drug addict o Many people who use drugs don’t want that type of lifestyle, but they don’t know how to stop or change their life o A lot a disease being spread, through sharing needles, water from the alleys etc. o Many fall to prostitution to support their drug addiction o A lot of people come from strong families, and they just made bad choices along the way  However, some suffer from an abusive past o Try to get into Detox but there’s no room  What are the different harms illustrated in the film? o Domestic violence o Health issues (disease) o Psychological harms  Trying to survive on a day to day basis  Mental dependency on drugs o People who use drugs, suffer with internal problems (harm themselves)  Do you think criminalization of drugs is an effective policy? What would Hackler think? o We think that if we turn to the criminal law and criminalize problems, we think by putting people in jail it will solve the problem, when in reality it doesn’t o Hackler says that it harms the marginalized people more, we are not helping them o Says criminalization creates an underground economy o Criminalization comes to dominate  The default response to these social problems  How do the police officers in the film approach drug enforcement? Does their approach change over the course of the film? o Police want to help the people they come across o At first they believe it’s their fault, but once they actually get to know the people, they realize they are struggling, they have families just like everybody else o In the academy it was all about enforcing the law, but when they actually see it first hand, they realize it’s not that simple o A lot of a the police officers were harsher on drug addicts at the beginning of their careers, and became more understanding towards the end, they understood they were people who needed help, not only ‘criminals’ Hackler on Reducing Drug Use:  Minor offenders are common, as drug abuse becomes more serious, offenders are less common  We respond to serious abusers and ignore minor abusers, however we should respond to both minor and major abuse in order to reduce drug use  Drugs should be assessed in terms of their harm to individual user and to others.  We should normalize the user, the addict should not be cast out of society  Attractive advertising for all drugs should be banned and be replaced with educational ads Criminalizing Drugs in Canada V: Penalties for Drug Offence  Controlled Drugs & Substance Act o Possessions  Cannabis: Max 5 years  Heroin or cocaine: maximum 7 years o Trafficking  Max life sentence o Producing  Max life for heroin or cocaine  7 years for cannabis o Importing/exporting  Max life for cannabis, cocaine and heroin  Majority of our charges are policing around cannabis (easiest for police to detect)  Most drugs criminalized are drugs that only concerns a minority of the population  The people most likely to be caught with these substances are those of lower class, marginalized people  Our laws keep on getting more punitive, but it has had no effect on the use and the distribution of illegal drugs  Since 1980, almost 1 million charges have been laid in Canada for simply possessions of cannabis  305 drug charges per 100,000 in 2007 = highest rate of drug offence since Canada o We are becoming more punitive  Politicians often to turn to the ‘war on drugs’ to make them seem they are concerned and are doing something about it Criminalization Drugs in Canada VI: Hackler’s Perspective on Drug Policy:  Not about harms, otherwise laws would be much different o Alcohol and tobacco would be illegal  Concept of addiction is largely a myth o No evidence to support ‘once and addict always an addict’ o If we actually focus on giving people meaningful lives, we can help them o Some drug use is situational  There is not significant inherent distinction between heavy drug uses and the rest of the population o All of us use substance for a particular reason; we can’t differentiate between heavy and light users. o Most of us don’t fall into heavy users  Our society and government are hypocritical in criminalizing some substances while profiting from the harmful drugs (tobacco & alcohol)  Social conditions fostering drug use and public/official overreaction to drug use, are the real problems  Criminalization drives drugs underground, drives prices up and therefore encourages secondary crime (stealing to afford drugs)  The ‘war on drugs’ has not curtailed substance abuse o Supply and Demand: has never been able to get at the supply side  Decriminalization is preferable to legalization (‘normalization’) o If we legalize it, we put these drugs in the hands of those who produce tobacco and alcohol o It is legalized but very much controlled, but is not going to stop people from abusing, abuse of drugs is much more complex than that o Prefers decriminalization, so you do not have any rules because we should be focusing on normalization of drug use o If we focus on labeling people, we are not working at reducing the harms of drug use  ‘Harm Reduction’ is preferable to criminalization o There are drug courts and harm reduction programs, but according to Hackler, they do not go far enough o He says we should try to shift society to ask why people use, and in certain circumstances to abuse Criminalizing Drugs in Canada VII: Vancouver’s Safe Injection Site  Harm reduction program started in 2003, providing safe space for injection drug users (operates under government exemption from drug laws) o For many people criminalization is a death sentence  Evan Wood and colleagues evaluated the program in 2006 o 5,000 unique user during first year of operation o Found decrease in public injection drug use, discarded syringes and injection- related litter o Reduced rates of HIV infections related to syringe sharing  Related research shows reduction in overdose deaths and increased use of Detox services  Canadian government cut funding for research on safe injection sites, did not want to extend the program o This kind of policy can be a death sentence for some people o We are more moral against certain drugs than others Criminalizing Sex I: Prostitution Offences in Canada  Historically every society has had some form of prostitution  More of a case of people not liking having prostitutes on the street  Majority of the trade is not on the street and street is much more violent and dangerous  Prostitution is not illegal in Canada, but all activities associated with it is criminalized o Communicating for the purpose of prostitution o Procuring/living off the avails o Common bawdy houses  Can never have sex in the same location for money twice because that makes it illegal  History of prostitution law enforcement has been about regulating the ‘nuisances’ associated with the sex trade o Back then, if you were a women walking on the street, and you looked like a prostitute, you were arrested, so the courts decided that was not fair o Vagrancy, soliciting laws, municipal by laws and communicating law  Try to force them out of certain neighborhoods which causes them to go to more dangerous and secluded places, making them more vulnerable to harm o 95% of all Criminal Code prostitution charges are for communicating (only a handful are for procuring and living on the avails o Female prostitutes subjected to discriminatory legislation and unequal law enforcement (50/50 split deceiving)  Split: rarely see the men getting charged more than once, while the women get charged multiple times o Less than 20% of sex workers meet clients on the street  Many are through escort services, and the women working there are less marginalized Criminalizing Sex II: Challenging Canada’s Prostitute Laws  Criminologist John Lowman argues that prostitution laws and enforcement put women at risk of violence o By introducing the communicating law, it has forced women to go to more secluded places in order to not get detected, putting them in dangerous situations  Constitutional Challenge: Terri Jean Bedford, Amy Lebovitch, and Valerie Scott vs. the Attorney General of Canada (2010) o Ontario Supreme Court rules that prostitution laws violate sex workers’ right to life, liberty, and security of the person and freedom of expression o Forces women to work ‘underground’ put their lives at danger (appealed by the Attorney General to Ontario Court of Appeal) o 2012 Ontario Court ruled said it was okay to live off the avails as long as that person is not exploiting it  Criminal code makes it almost impossible for a prostitute to work without violating laws, and it also marginalizes prostitutes. o Forces them into doing it in shadows where she is more likely to be victimized if negotiations break down o Laws creates barriers to the creation of a social support network, including forming a family and having children Criminalizing Sex III: Power Report, Challenges: Ottawa area sex workers speak out  Prostitution of Ottawa/Gatineau Work, Educate an Resist (POWER) founded in 2008  Chris Bruckert interviewed 42 sex workers in Ottawa to uncover experiences and challenges o Conceptualizes sex work as an occupational category  If it is treated like any other job, it will protect the women more o Street-based workers are at higher risk of violence  Main reason: criminalization makes it hard for sex workers to turn to the police, because they are more likely to be charged, they cannot turn to the police, who most people can turn to when faced with danger  Found reports of harassment, physical and sexual violence and ‘outing’ by police o Laws contributes to unsafe work practices and tensions with community members o Sex workers criminalized for something that’s technically not a crime, and stigmatized (whorephobia) Criminalizing Sex IV: 6 Theories of Prostitution (Lowman)  Men sexuality is normalized and women’s is deviant  (1) Biological Positivism: Prostitution as Atavism (Lombroso) o Premise: women were so inferior genetically, they were even more atavistic than men  (2) The psychopathology of prostitution (Glover) o Got involved due to some unresolved issue about sexual attraction/issue with their father  (3) Undersociolization/disorganized (Shaw and McKay) o Disorganization causes women to act out in a sexual way  (4) Sociobiology: Sex Role as Genetic Imperative (Burley and Symanski) o Reason get involved is because they are taking advantage of the male demand, and gain financial support o Not just about biology  (5) Functionalist Perspective: The Hooker as Guardian of Virtue (Kingsley Davis) o Prostitution is serves a function o Point out there is a sexual double standard  Viewed as a function for the male customer, who is viewed as a victim of his uncontrollable sex drive  Men are suppose to act out their sexual needs and women are suppose to respect chastity (guards marriages) o He says it’s function is men can act out their sexual needs without ruining the family structure in society  (6) Feminist Approaches o There is conditions that causes these gender roles o Liberal feminism  Women’s right to choose what to do with her body  We should be addressing women’s inequality to men  Prostitution extreme form of women being unequal in society o Radical feminism  Male domination creates these stereotypical sex roles and dismember them and rethink women sexuality in society o Socialist feminism  Women in society and in the family, we have to address both Criminalizing Sex IVA: Youth Pathways to Street Prostitution  If we want to seriously address the complex issue of women and prostitution we need to understand how they get involved  Many youth involved in prostitution ran away or were ‘thrown away’ at an early age o Majority entered before the age of 18 o Made decision under less than ideal circumstances  Experienced a ‘push’ to leave the home (abuse etc) o Many males ran away from discrimination based on sexual orientation o Overrepresentation of Aboriginal people o Most marginalized people  Once they leave, they are ‘pulled’ to a street life based on the desire for autonomy and need for money  Street characteristics by situational poverty (low income, marginal skills, youth unemployment, inadequate services) and steady male demand for sex  Strong link between childhood physical and sexual abuse, running away, situational poverty and subsequent involvement in sex trade  Need to address broader structural factors (male sexual socialization, youth oppression, youth employment structures, and gender, race, and class issues) o Giving youth a voice/independence o Message: if we really want to address these things, all these factors need to be addressed as opposed to always ending up with criminalizing complex social issues Criminalizing Sex V: The Fraser Committee  Growing concern with street prostitution led to federal government convening Special Committee on Pornography and Prostitution (Fraser Committee) o Conducted extensive research on prostitution in Canada o Argued soliciting law failed in objectives and ‘victimized and dehumanized’ prostitutes. Argued it was too difficult and wasn’t working o Advocated long-term programs to address social and economic conditions faced by women involved in prostitution  They said if we want to address the underlying reason, you have to address women’s inequality in society  In short-term argued government should identify a location for prostitution to occur (it will not disappear)  Government’s response: introduction of Communication law o This law has actually put women more at risk of violence Criminalizing Sex V: Badgley Committee  Committee on Sexual Offenses Against Children and Youth o Interviewed 229 ‘juvenile prostitution’ o A majority of young prostitutes were female o 27.6% of females and 13.1% of males under the age of 16 o Ran away from ‘intolerable’ home lives, teenage years described as ‘troubled’ and unhappy o Recommended criminalization of customers and pimps  That was one thing people agreed on, not criminalize young people, but those who run them  Said that the logical way of dealing with young prostitutes was to criminalize their behavior, so they could be ‘given help’ o Like other youth deviants, they are to be arrested and help so they could be rehabilitated  Criticized for recommending criminalization of young prostitutes o Couldn’t bring themselves to say ‘lets not criminalize them’, they couldn’t get around the moral dilemma of being involved in the sex trade industry under the age of 18 Criminalizing Sex: Tearoom  Tearoom: Public toilets that are frequently used for homosexual encounters o Largely washrooms that are not frequently used and are mostly only done on the ‘mens’ side of the washrooms.  Humphrey’s describes 4 types of tearoom participants: o (1) Trade: men who make themselves available for acts of fellatio, but regard themselves as straight o (2) Ambisexuals: seem to enjoy sex in a variety of forms o (3) Gay Guys: correspond more closely to society’s homosexual stereotype o (4) Closet Queens: more likely to be unmarried and are even more isolated  Most of the men in Humphrey’s tearoom study were married and living with their wives. Most marriages appeared to be stable, and the wives were unaware of their husband’s secret sexual activity.  Participants tended to be strangers and did not talk a lot Crimes of Violence I: Homicide Definitions and Penalties (Review) st  Murder in the 1 degree (life sentence, 25 years before parole) o 5% of 500-600 Canadian Homicide per year o Unlawfully Causes Another’s Death with Conditions  Planned and Deliberate or  Police or prison officer victim or  Hijacking, sexual assault, kidnapping or  Terrorist activity, criminal organization (gang related) or  Intimidation o Difficult to prove, it is hard to prove someone planned it  Murder in the 2 degree (life sentence, 10 years before parole) o All other murder (intentional homicide) o 30% of Homicide cases  Manslaughter (life sentence, 7 years before parole) o Heat of passion, provocation o Voluntary and involuntary  Voluntary: heat of passion, sudden, sufficient provocation to produce a fight  Involuntary: acts without regard for the harms of others (traffic accidents) o 60% of homicide cases  Infanticide o A women by Willful Act or Omission, Causes Death of Her Newly-Born Child (Not Having Recovered From Effects of Childbirth)  Killing an infant under one year of age  Very rare form of violence  Minimum 5 years prison  Specific for women, which makes in controversial  Femicide: killing of women o Similar to killing of men, however women are less likely to be killed than men, who spend more time in dangerous situations o Intimate femicide: women killed by current or former legal spouses, common-law spouses, or boyfriends.  Rate at which women are killed by their spouses is over 6 times that for men Crimes of Violence II: Who Are Our Murderers  Two thirds of murderers are unemployed  Undereducated: 43% have less that Grade 8 education o They do not learn prosocial behavior as well as other who are more educated  Aboriginal people comprise 3% of Canada’s population, but 17% of murder victims and 23% persons charged with murder o Shows marginalization  Male murderers outnumber women by 6 to 1 ratio  Canadian females kill males more often than they kill other females  Homicide victims and offenders are relatively young, but not as young as property offenders  48% of murderers in 1995 were single (36% of their victims were single)  1 in 5 homicides are gang related (20%)  84% of solved homicides committed by someone known to the victim (family member or acquaintance) Crimes of Violence III: Experience of Homicide in Canada  What? Most murders in Canada are extensions of mundane one on one human conflicts that spin out of control o Most violent deaths are not premeditated, more
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