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Crim 2266 Chapter 7-15 Final Exam .docx

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Western University
Sociology 2266A/B
Lisa Lyons

Chapter 7 – Victimology, Victim Services, and Victim Rights in Canada Introduction  Role of victim has been limited to calling police, collaborating with the police investigation when asked, and acting as a witness in the case  Many criminologists blame pressure from victims for the increases in incarceration  In reality, advancing services and rights for crime victims is best achieved by reinvesting government expenditures away from costly responses to crime such as mass incarceration  Victims of crime often called “orphans” of criminal justice, social policy, and criminology – many criminology students graduate without have learned about victims Focus Box 7.1 A Snapshot of Victimization in Canada based on results of GSS  Combination of all interpersonal crime will cause victims in a Canadian city $2.5 billion in costs, pain, and suffering o Fewer than 1/3 will report crime, especially sexual assault o Fewer than 3% will see offender convicted o Victims who do not cooperate as witnesses may be arrested o Victim workers paid less than half the salary of police officers o Victim impact statements do not impact sentences Prevalence, Impact, and Needs of Victimization  Data on crime flawed because: (1) Many victims do not report the crimes and (2), many reported crimes are not recorded by the police  Victimization surveys: Surveys of the general public to identify who has been a victim of crime, whether they reported the crime to police, and other related aspects of victimization  Many countries survey on annual basis, yet Canada only intermittently  Main source of data about prevalence of victimization – General Social Survey o Over ¼ of adult Canadians are victims of theft, assault, sexual assault o Rate of victimization stable for past 15 years o Victims are likely male, 15-24, more likely to be Aboriginal  Significant increase for property crime from 1999-2005, small decrease from 2004- 2009  Repeat victimization: The phenomenon of a person being victim of a crime more than once (40%) Impact of Victimization  Harm to victims: The direct impact of crime on victims includes harm, such as loss, injury, pain, and emotional trauma. These can be exacerbated by the experience with the police, courts, corrections, and others. o Extends to those in victims circles  Total annual cost of harm to victims in 2008 was $83 billion  Tangible costs exceed $14B, intangible $68B, and services less than $1B  Expenditures on police, courts, and corrections are rising to almost $20B Needs of Crime Victims 1  Rights of victims: Legislators in different countries and intergovernmental agencies such as UN have recognized various fundamental principles of justice and 8 core needs or rights for victims of crime: Support 1. Right to Recognition: Victims need to be recognized, as crimes are committed against people not the state 2. Right to Information: Victims should be provided with timely information of services, rights to recover reparation, information of the process of the police investigation, prosecution, and criminal court if an offender is caught 3. Right to Assistance: Victims need to be informed of services, given access to services, and to have them adequately funded. Crime-related services and different services are needed to meet victims’ evolving needs Justice 4. Right to Reparation: Victims need help to recover financially from their crime victimization. Should come from restitution, compensation from the state, and some from civil suits against the offender or a third party.  Restitution from the offender: Victims of any time of crime may request that the offender pay the victim money as reparation for financial or other losses caused by the crime  Compensation from the state: Victims of crimes that suffered physical or other injuries may apply to a provincial agency to receive lump sum or monthly payments according to provincial legislation 5. Right to be Protected from the Accused: State intervention, as many victims of domestic abuse or child victims are prone to be re-victimized by the offender. This can also be done through incarceration 6. Right to Participation and Representation: Victims need to the choice participate and to be represented in the legal process, which should be geared to defending their interests (safety, reparation, truth, and justice). Under Canadian law, the victim impact statement does not go far enough in providing this right Good Government 7. Right to Effective Policies to Reduce Victimization: Governments need to implement programs known to effective in preventing the first, and any repetition, of victimization, not to simply punish offenders after the fact (best public safety) 8. Right to Implementation: Many principles of justice and bills of rights have not been adequately implemented, and the provisions for a remedy are limited or non- existent The Origins of Victimology and International Standards  1960s: o Seek changes centered on a concern for victims – violence against women o First organizations formed by crime victims demanded reforms o Pioneers started victim-witness assistance programs to support the traditional system of criminal justice by increasing reporting crime o Some promoted victim offender mediation and RJ programs to make the traditional system less harsh on offenders o Some undertook the first victimization surveys to seek data on extent of crime 2  All part of international movement bringing together advocates for victim services and rights – many similar victim problems across countries  1979: World Society of Victimology (WSV) formed to allow researchers, policy makers, and service providers to pursue their common interests and to exchange knowledge and experience o Major international symposium every three years Magna Carta for Victims  WSV influencing UN General Assembly Resolution 1985 A/30/44 on the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power  Landmark resolution calling for a shift from traditional CJS approach to an approach emphasizing both prevention of victimization and respect for the human rights of victims of crime  Governments agreed to (1) implement basic principles of justice for victims of crime and abuse power and (2) prevent victimization by a series of comprehensive measures, including attacking social causes and fostering individual responsibility  UN Declaration principles include: 1. Information on criminal justice, their case, and services 2. Assistance to access practical, medical, and social services 3. Guidelines and training for police, healthy, and other services 4. Reparation through restitution and state compensation 5. Right and access to justice (voice in justice) Origins of Victims Rights Policies in Canada  1967: Saskatchewan joined jurisdictions in creating a scheme to provide compensation to victims of violent crime  1970s: First criminological monographs on crime victims were published on burglary and rape victims  1981: Major international conference in Toronto to discuss assisting victims of crime, led to task force produced by public servants working for the traditional system – lack of attention to participatory justice and to emotional trauma of victims, neglecting the importance of victim participation in justice processes, prevention of victimization, and mental health services – unscientific, closed door procedure  Ontario Secretary of Justice organized transparent consultation to review the task force recommendations with groups of victims – made recommendations for prevention, and for providing legal standing for victims in the CJS o Attorney General turned it town, avoiding a movement of government policy more in line with the needs of victims, than with tradition Tensions Between the Traditional and Human Rights for Victims  Two tensions have slowed down a full respect for the basic human rights for victims of crime:  Gap between the UN Declaration and the resistance to change within the traditional system  Gap between social science research and the legal training of those responsible for the traditional system o Groups proposing and implementing reforms are traditional 3 o UK and USA much more transparent in policy-making  1986: Manitoba first province to adopt legislation to provide services and limited rights for victims of crime o Victim fine surcharge: A monetary penalty similar to a fine, which can be assessed at sentence or added to a fine such as in a traffic violation, but can only be used by the government to fund services for victims  1996: Ontario – An Act of Respecting Victims of Crime – Victims’ Bill of Rights o Also created Office for Victims of Crime: limited to advising Attorney General on victim issues  Good intentions but government has not provided a way for victims to ensure promises are kept, such as through appeals  Report Victims: A Voice not a Veto made significant recommendations for reform, and the creation of a leadership centre  Lack of attention to social science research measuring the impact of changes  2007: Federal government created the office of the Ombudsman for Victims of Crime – not established by legislation, no annual reports o Meant to defend rights of victims and to bring about systemic change  2010: Justice Canada launched awareness campaign called Victims Matter Focus Box 7.2: Canadian Statement of Basic Principles of Justice for Victims of Crime  Following principles should guide the treatment of victims and should be reflected in all laws, policies, and procedures: o Victims should be treated with courtesy, compassion, and respect o Privacy should be respected o Inconveniencies should be minimized o Safety and security should be considered at all stages of the process o Victim should be informed of their role and opportunities o Victims should be informed about the status of their case o Victims should be informed about all assistance services and mean of obtaining financial reparations o Needs, concerns, and diversity of victims should be considered in programming o Information should be provided to victims about options to raise concerns when they believe principles were not followed  Results once again fail to help in obtaining reparation, allowing victims a voice, effective policies to prevent victimization, and ways of ensuring it is implemented A Comparison of Canada to Other Jurisdictions  US Starting in 1984: federal Victims of Crime Act, Office for Victims of Crime, Violence against Women’s Act, Office on Violence Against Women (gendered victimization, improve services for female victims, tailor programs to gender and victim protection – includes requirement to evaluate implementation)  Japan 2004: Task force to review victim services, implementing 10 key recommendations and significant funding  National Association of Victim Support Schemes (NAVSS) established victim service standards across England and Wales 4 o 2006 Code of Practice for Victims of Crime defining what victims of specific types of crimes would receive from police, victim services, prosecutors, and several other key agencies o One-stop system with a national victim commissioner to oversee the implementation of the Code of Practice  European Union 2001: adopted standards for services for victims of crime covering information, services, mediation, etc. o Initiated new actions to implement the services and rights across Europe  Tension between the needs of crime victims and the needs of the traditional system, and the tension between social science and the traditional legal culture have left Canada with some principles and laws but few legal remedies for rights o Political figure who stopped progress in the 1980s chaired the McMurtry task force in 2008 – public hearing and recommendations that would bring Canada closer to international standards and fair treatment of crime victims Policing, Victim Services, Reparation, Courts, and Prevention Victim Services and the Police  Proportion of victims reporting their victimization to police in Canada has been dropping – 2009 31%, sexual assault victims only report less than 10%  Most frequent reasons for not reporting crime: crimes not important enough, police couldn’t do anything about it, crimes would be deal with in another way, the incident was personal, or they did not want the police involved  Surveys in other countries ask why victims do call the police: victims want to ensure their personal safety and sure that others aren’t victimized, and property crime victims want to recover stolen property, get damage repaired and collect insurance  Least frequent reason for contacting police: punishment to the offender  Less than 4% of victims will see their offender convicted  Ontario Police Services Act requires police service to be delivered with the following principles: 1. The need to ensure safety and security of all persons and property in Ontario 2. The importance of safeguarding the fundamental rights of the Charter and Human Rights Code, 1981 3. The need for cooperation between the police and the communities they serve 4. The importance of respect for victims of crime and understanding their needs 5. The needs for sensitivity to the pluralistic, multiracial, and multicultural character of Ontario society 6. The need to ensure that police are representative of the communities served  Several police services in Ontario have established victim services units  2008: International Association of Chiefs of Police (IACP) – “21 strategy’ to enhance response to victims of crime  Waller proposes four steps for Canadian police to reach international standards in their response to victims of crime: 1. Improve the proportion of victims reporting to police and assess progress by holding officers accountable for providing information in a timely matter to victims 5 2. Develop and follow protocols to better meet the needs of victims who are women, children, Aboriginal, or disabled 3. Develop a timetable to implement the IACP strategy package to make victims a primary concern for law enforcement 4. Ensure independent surveys of victims who report to the police to monitor the extent to which their core needs for information, referral to services, and protection among others are being met Focus Box 7.3 IACP Guide to Respect Victims of Crime  Strategy Package with 7 stages, emphasizing leadership, partnering, training, and performance monitoring: o Safety: Protection from perpetrators and assistance to avoid re-victimization o Support: Assistance to enable participation in CJS processes and repair harm o Information: Concise and useful information about victims’ rights, CJS processes and available victim services o Access: Ability to participate in the justice system process and have ready availability to support services o Continuity: Consistency in approaches and methods across agencies through all stages of the criminal justice process o Voice: Opportunities to speak out and be heard on specific case processing issues and larger policy questions o Justice: Receiving the support necessary to heal and seeing the perpetrators are held accountable Services for Victims of Crime  Health services for physical injuries, disease, or pregnancy incurred as a result of crime are provided to all victims – Free health care in Canada  Most universally recognized mental health issue surrounding victimization is PTSD – require much more services and financial resources than current  Although victims services are expanding, awareness of services is not known as well as if the services are adequate  Stats Can consensus of victim service providers found 884 – 40% based in police agencies, 23% in community, 8% in courts, 17% sexual assault crisis centres – serving 400,000 victims annually (10% of known victims)  No statistics on numbers of women and children turned away from residents in battered wife shelters  London, ON: forefront of services for victims of domestic violence, battered wife advocacy clinic, world renowned innovations in its court systems, and 4 R to stop violence against women  Number of sexual assault or rape crises centres scattered across Canada, mainly in urban areas  Nina’s Place (Burlington): specialized health care, police services, and agency referrals for men and women who have experiences sexual assault within the past 72 hours and recent domestic violence – 24/7, free services, including physical examination and treatment of physical injuries, the collection and recoding of evidence of the assault which can be used if victim decides to involve the legal 6 system, testing and counseling for possible pregnancy, risk assessment and safety planning, follow-up care and referrals  Basic responses to assist victims in Canada lag behind other countries  Waller proposes the following for Canada to reach international standards: 1. Increase funding, use general revenue, and pay professional salaries for the full range of victim support services, including sexual assault and domestic violence 2. Develop and implement professional standards for support services, like UK 3. Ensure professional care for mental health trauma is available at no cost 4. Schools should teach citizens to provide emotional support to crime victims 5. Conduct surveys to measure gaps between core needs of victims and services Restitution from the Offender, Compensation from the State, and Civil Remedies  Crime involves direct financial loss, costs of services, and loss of quality of life  Several potential ways of obtaining reparation to cover losses Restitution from the Offender  Restitution would be paid if jurisdictions followed 7 steps: (1) Victims must request restitution in writing; (2) Victims must demonstrate losses; (3) Identify assets, income, and liabilities of the offender at beginning of justice process; (4) Make restitution payments automatic; (5) Monitor payments; (6) Enforce compliance; (7) Make restitution payments priority over other government payments, such as fines  Adult Restitution and Civil Enforcement Program, Saskatchewan: Adult Restitution Program and the Restitution Civil Enforcement Program  ARP: Info to victims about restitution, monitors payments, works with offenders to ensure they are made, and works with Probation Officers and Prosecutors to enforce orders – ensures Crown is aware that the victim has suffered financial loss and the extent of the loss  RCEP: Assists victims with civil enforcement of restitution orders, pursues civil enforcement of the restitution order on victims’ behalf, including the garnishment of the offender’s wages and bank accounts, and seizure of personal property Civil suit brought against the perpetrator of the crime or against a third party, whose negligence contributed to the crime  Not known how often civil suits are pursued in Canada but there is a large movement in the US to increase their sue because they can be an important way for victims to gain satisfaction in their cases Restorative Justice  Basic elements involve the victim and offender meeting with a professional coordinator or mediator to reconcile  Started with Mennonites in 1970s, now Nova Scotia has achieved one of the most extensive networks of RJ for juvenile offenders by 2010  More talk than action in practice  Victims prefer RJ to traditional system, and offenders who go through this process are less likely to re-offend (Australia and UK) Compensation from Government  Saskatchewan first province to provide compensation to victims of violence 1967 7  Many provincial governments have set up compensation programs however, many victims are unaware of these programs  Injured or killed – max $25 000, unable to work – max $1000/month  Waller suggests in Canada to bring services and compensation up to international standards: the seven key steps to collecting restitution should be implemented, compensation paid should ensure to meet costs and pain of victims, mediation and RK programs respecting core needs of victims should be provided, and supporting research should be given to inform victims on how to obtain restitution, civil suit orders, compensation, and RJ Human Rights for Victims in Criminal Courts  Many acts across France, Belgium, Germany, Japan, Korea, and the US provide extensive rights to protect victims and facilitate restitution  Likely to be adapted to Canada however, some people oppose these initiatives as they are concerned that they compromise the rights of the accused  International Criminal Court, of which Canada is a signatory, provides even more extensive rights for victims in a system that continues to provide offenders with rights under an adversial system  6 distinct stages during which victims in other countries have some type of representation with their own lawyer and may be heard: police investigation, bail hearing, case scheduling, plea negotiation, sentencing, and review of prior convictions  EU monitors performance through asking governments if everything has been implemented, and through an independent monitoring five years after implementation dates – working to improve that the role of victim should be equal as that of the accused  Canada lags behind particularly in providing victims of crime with ways to protect their interests in their safety, their search of the truth, and justice – establish judicial system to provide remedies for victims; provide funding for legal assistance; request reparations; pursue payment of restitution; pay for social science surveys; and experiment with joint criminal and civil court proceedings to empower victims and legislation Stopping Violence against Victims and Preventing Repeat Victimization  Researched by World Health Organization shows that we have the knowledge to reduce violence against women, street violence, property crime, and child abuse by 50% by reinvesting 10% of what we are already spending (expenditures are at $20B – by reinvesting $2B smartly, we can reduce losses to victims by $40B instead of $83B)  Possible for government to tackle the negative life experiences of persons at-risk of offending – Quantum Opportunities (young men at-risk of dropping out of school), Stop Now and Plan (SNAP – regulate youth aggression)  Impressive results of programs preventing child abuse, and subsequent youth offending  Prevention dividend: cost benefit analyses of evaluation of programs are impressive and show huge return on investment 8  Time for Canada’s National Crime Prevention Centre to invest in a national program that draws from the successes achieved in other countries  When we change male attitudes towards violence and women, we can expect to th reduce most common types of violence towards women – 4 R strategy  Some successful models to reduce crime focus on reducing the risk to victims  WHO, UN Commission on Crime Prevention, US National Research Council, and the 2007 Alberta Rask Force on Reducing Crime called for three-pronged approach to reduce victimization: (1) Enforcement, (2) Community treatment for persons at-risk of offending, and (3) Prevention  Waller suggests ways to reduce the number of victims: 1. Shift crime policies to pre-emptive strategies (diagnose problems, mobilize key sectors) 2. Invest in programs that have demonstrated their effectiveness 3. Continue to tackle alcohol and drug abuse among younger adults Systemic Ways to Shift, Reinvest, and Rebalance Justice for Crime Victims  Five key components for a successful action plan: office for victims of crime, standards and training, evaluation and ombudsperson, social science surveys to foster success, and research and development Model Legislation  Model law divided into three major sections on: support (recognition, information, and assistance), justice (provisions for restitution and repayment, protection from accused, participation, and representation), and good government (effective policies to reduce victimization and increase implementation) An Independently Funded Institute  Permanently funded independent institute functioning as a central hub for education, research, and policy observation o Working close with service agencies in the community, the Federal Victim’s Ombudsman, and legal practitioners An Amendment to the Canadian Charter of Rights and Freedoms  Does not include any rights for victims of crime – recognizes accused and convicted  Need rights to safety, reparation, and justice to be recognized (should be balanced fairly against rights of offender, and heard equally) Key Actions  Annually, Justice Canada encourages a Crime Victim Awareness Week in April  Canadian Resource Centre for Victims of Crime and the International Organization for Victim Assistance were principal partners for the National Symposium, calling for creation of: o National action plan: including UK standards and model law: apply to policing, services, restitution, compensation, prosecution and courts; sensitive to special needs of women, children, and Aboriginals, and leadership offices o Provincial victim advocate, supported by surveys to provide better data and an Institute to focus on research and development o Provincial and municipal prevention strategies to effectively reduce crime and promote community safety 9 o Permanent funding to be established that uses at least 10% of current expenditures to be used for prevention, victim services, and rights o Amendment to the Charter  Most important steps to help legislators make reinvestments is to get knowledge out to voters, taxpayers, and potential victims of crime, while showing how the shift to stopping victimization and implementing victim rights is in the interest of victims and taxpayers – social media, think tanks, etc. 10 Chapter 8 – Early Theories of Criminology  Societal beliefs relating crime to superstition and sin were slowly replaced during the Enlightenment by naturalistic explanations based on the idea that people are free and rational beings  Classical school: Let the punishment fit the crime  Positive criminologists: Mitigating circumstances had to be considered th  Prior to the 18 century, theories about crime were inspired by religious beliefs and superstitions  Judeo-Christians outline role of evil spirits: temptation and possession o Poor, destitute, and other unfortunate members of society are held responsible for their situations and are seen as moral failures o Wrongdoers suspected of being possessed by the Devil – severe and fatal trials to drive evil spirits from bodies, and evidence of guilt determined through trials to differentiate from righteous and sinner  Middle Ages: inquisition and the witch craze  Religious and political elites sought out ways to divert attention from themselves and of silencing the rebellious members of society by blaming existing social problems on the influence of the Devil and other evil spirits o Blamed social problems on possessed individuals o Made those in power indispensible as they alone had knowledge and ability to deal with the threat of the Devil on earth o Sin and crime were linked  15 century: Economically independent women and women who lived alone, outside the protection of men were most susceptible to charges of witchcraft as they threated the male-dominated power structures th  Surge in population in the 17 century led to colonial expansion and the expansion and gain of economic power for Europe’s merchant classes  Changes in the economy were mirrored by changes throughout society as Revolutionary developments were taking place, and progressive thinkers ushered Europe into “the age of reason” – the Enlightenment – who argued against fanaticism and religious superstition  Enlightenment philosophers believed people were free and rational beings – called for establishment of individual rights and freedoms  Society as based on a social contract under which people chose to relinquish a small portion of their individual autonomy to ensure own safety and well-being of entire group o Undermines bonds of feudalism, which were also restricting availability of labour and development of manufacturing and industry  Merchants turned to legal arena to serve their interests, as they had no political influence because they were not land owners  Strengthened position in society by financing costly wars fought by European monarchs over new colonies – aristocracy turned to merchants for funds in exchange for legal concessions in line with Enlightenment philosophers 11  Classical school: Considered to be the first formal school of criminology, Classical criminology is associated with 18 and early 19 century reforms of the administration of justice and the prison system. Associated with authors such as Beccaria, Bentham, Romilly, Pollak, and others, this school brought the emerging philosophy of liberalism and utilitarianism to the justice system, advocating principles of rights, fairness, and due process in place of retribution, arbitrariness, and brutality Focus Box 8.1 The European Enlightenment  “Scientific Revolution:” change in European thought – systematic doubt, empirical and sensory verification, and the abstraction of human knowledge into separate sciences, etc.  Leonardo da Vinci: human experience should be central concern of human beings, and human sensory experience was not only a valid way of understanding the universe, but also made it possible for humans to understand everything and change it The Classical School  1764: Beccaria published his major work, An Essay on Crimes and Punishments, providing a focus for the humanitarian reform movement that was gaining momentum throughout Europe with his criticism of the cruelty and inhumanity characterizing the CJS of his day – reform of Barbaric system Focus Box 8.2 Witchcraft and Torture  500,000 people convicted of witchcraft and burned to death in Europe between 15 th th and 17 century  Torture routinely applied until confession of having a pact with the Devil, flying to the sabbat, and naming other people who were present The Classical Theory of Crime  18 century: Social contract theory represented a new way of looking at the relationship between people and the state  People voluntarily give up some of their freedom to the state b y obeying the rules or facing punishment  The state agrees to protect the citizen’s right to live in security without violating the rights of citizens  Classical theorists explains crime as people breaking the laws because they thought doing so would advance their own interest o Rationally calculated activity, not the result of supernatural forces  Set up a system of punishment to deter people from breaking the law  A well-crafted Criminal Code would ensure that most people would choose to be good rather than evil  Beccaria proposed that the punishment should fir the crime, proportional to the harm done to society (graded punishment): this would be the most effective deterrent, and the fairest way to punish those who were not deterred and broke the law o Pollak: Measured system of punishments of needed to deter crime  Also proposed that punishment should be swift and certain – effective immediately after the act, and clear and simple to be understood 12  Sought out restricting judicial power by separating the law making power of the legislature from the activities of the judges o Law determined by legislature; accessible to all; trials should be public; judiciary role restricted to determination of guilt and administration of punishment set out in law  Due-process safeguards guaranteeing no preferential treatment – equality  However, those with wealth and power had most influence in shaping the law, so reforms of the justice system did little to alter fundamental inequalities based on ownership of property  Beccaria’s work had direct influence on drafting of the legal code of France following the French Revolution and on the U.S. Bill of Rights Assessing the Contributions of the Classical School The Classical School and Legal Reform  Legacy of Classical School reflected in Canada’s Criminal Code and our modern criminal justice system: due-process safeguards, guarantee of individual rights, equality before the law, the separation of judicial and legislative functions, and the establishment of fixed penalties Limitations of the Classical School  Beccaria’s insistence that the degree of punishment be proportional to the degree of harm done to society meant that personal characteristics (mentality, motivation) of the offender and the circumstances of the offence could not be considered  More power to state by removing flexibility of judicial discretion  Changing rigid system was goal of Neoclassical criminologists, including French magistrate Gabriel Tarde o Rejected notion of free will and proposed a modification of the system of punishment to recognize that there must be some individual treatment of offenders – consider factors such as age, mental competence, motive, and mitigating circumstances  Classical School is its emphasis on deterrence: Crime prevention through the fear of punishment o Wilson: Penalties need not be long and severe as long as they are swift and certain – however, likelihood of punishment is so small, and time between event and punishment is so great that crime reduction hoped for through changing legal codes has not been meg  Classical school has over-simplified view of human nature and the theory of human behaviour: wholly accepted image of the free and rational human being o Ignores objective realities face by different individuals in their choices, inequalities experiences, state of knowledge, etc. o No empirical evidence for rational dimension of human behaviour The Statistical School: Social Structure and Crime  First half of 19 century saw emergence of an approach to criminology differing markedly from the Classical School  Statistical School: Associated with early social scientists such as Quetelet, Guerry, and Mayhew, who began to explore the structure of emerging European societies with the assistance of statistical methods While their early use of statistics is 13 important, they also developed a structural explanation of crime and other social problems. o Guerry and Quetelet: Explored social causes of crime o Mayhew: Related structural factors such as inequality to crime  Believed crime was the result of natural causes that, once discovered, could be altered through the application of scientifically derived knowledge  Focus on relationship of crime to population density, education, and poverty  Most significant contributions include their discovery of the remarkable regularity and stability of crime – attributed stability to social structure  Rather than being the result of individual free will, behaviour is the product of many forces external to us  Focus on inequalities and unfavourable social circumstances  Limited influence reflecting wider appeal of biological theories of Lombroso and colleague Lombroso and the Positive School  Later 19 century: Positive School: The first scientific school, it consisted of the Italian criminologists Lombroso, Garofalo, and Ferri. They supported the assumptions of positivism and argued that criminality is determined – the effect in a cause-effect sequence – and that the mandate of criminology should be to search for these causes. It was believed that with the exception of those deemed to be born criminals, the discovery of the causes of crime would allow for effective treatment  Lombroso influenced by evolutionary theories of Darwin, applying those theories to the social by Herbert, and the positivist sociology of Comte  Methods of controlled observation to the study of criminals, by comparing them with non-criminals to isolate causal factors  Popularity by ruling classes with view that criminals were not produced by society’s flaws, rather, criminals were genetic misfits who were born to break the rules that governed the lives of civilized people  “The struggle for survival” and “the survival of the fittest” found fertile ground in the minds of Positive School criminologists  Identify criminals by searching for physical and moral traits differentiating more developed human beings from those who were less advanced in evolutionary terms o Incapacitate them since little can be done to improve genetic make-up  Lombroso performed autopsy on notorious thief Vilella noting many characteristics of his skull were similar to those of lower animals o Atavism: Lombroso believed that some criminal were born criminals; atavistic. This suggested they were throwbacks to an earlier stage of human evolution and that this limited evolutionary development meant that they were morally inferior. This inferiority could be identified through a series of physical stigmata. o Observed many imprisoned criminals: Stigmata: Physical signs of some special moral position. Lombroso used the term to refer to physical signs of the state of atavism (a morally and evolutionary inferior position) o Concluded different types of offenders had different physiological characteristics o Initially postulated tow types of offenders: born and occasional criminals o Added more categories: 14 1. Epileptics: In addition to their disability, had atavistic characteristics 2. Criminal insane: Those whose insanity led to criminal involvement 3. Criminals of passion: Lack criminal stigmata: Commit crimes because of “noble and powerful” motives such as love or politics 4. Criminaloids: Grab-bag category, anyone who commits a crime but does not fall into one of the other classifications – non-biological factors cause crime The Contributions of the Positive School  In its day, attracted a large following, where stigmata were used as indicators of criminality in many trials, with Lombroso appearing as expert witness often  Theory has not stood up to the empirical test  Most lasting contribution was his discussion of the CJS: “Sentences should show a decrease in infamy and ferocity proportionate to their increase in length and social safety” – Individualize treatthnt of offenders Biological Theories in the Early 20 Century Crime and Physical Characteristics  Lombroso responded to critics by challenging them to compare 100 born criminals, 100 people with criminal tendencies, and 100 normal people  Griffiths and Goring completed challenge and found no evidence of a distinct physical type of criminals  Goring’s most important finding was the high correlation between criminality and low intelligences – still felt that hereditary predispositions could be modified by social factors such as education o Also supported eugenics – restricting reproduction of constitutional factors leading to crime o Serious methodological flaws by comparing officially labeled criminals, who were not representative of all criminals, with diverse groups of other people who did not represent the non-criminal population  Harvard anthropologist Hooton continued search for individual differences as cause of crime – criminals as socially and biologically inferior, with distinct physical characteristics – elimination of crime meant elimination/segregation of these low grade human organisms, or long-term incarceration  1950s William Sheldon theory linking body type and criminality  Gluecks followed up on Sheldon’s ideas of body type and delinquents – raising issues of stereotypes, and other social selection factors Focus Box 8.4 Criminology and Eugenics  “Eugenics” = “Well born” – connotes a sense of contributing to or improving the stock of the race or the nation th th  State-sponsored eugenics programmed in the US in late 19 , early 20 century – grow from evolutionary theory of Social Darwinism and the findings of the Juke Report on inheritance and criminal behaviour  Justice Holmes found involuntary sterilization to be compatible with the guarantees of the US Constitution  Involuntary sterilization instrument of modern attempt at eugenics Crime and Intelligence 15  Goddard’s research on army lieutenant Kallikak’s illegitimate family and respectable family – no attention to social factors o Criminal imbeciles should not be held responsible for their actions o IQ feeble-mindedness directly inherited and could only be eliminated by denying “morons” the right to reproduce o Murchinson study results show army recruits lower IQ than inmates  Despite evidence against Goddard, governments responded to fear of those with low IQs by passing legislation controlling their behaviour: forced many mentally retarded people in NA into institutions and involuntarily sterilized  Sterilization laws passed in Alberta 1929 and BC 1933, Alberta not repealed until 1972  Some people are better at testing than others, IQ test has biases toward cultural groups of test designer  New focus on chromosomes, unusual EEG results, hypoglycemic disorders, and premenstrual tension link to criminal behaviour – ignores political nature of social control  Emergence of positive science coincided with the rise of a powerful capitalist class and expanded colonial activity  Focus on pathologies of individuals serves to conveniently remove one’s gaze from the social structure 16 Chapter 9 – Psychological Perspectives on Criminality Psychological Theories of Crime  Psychologists typically approach the problem of understanding, explaining, and predicting criminality by developing theories of personality or learning that account for an individual’s behaviour in a specific situation  Assumption of offender deficit: The view that offenders who break the law have some psychological deficit that distinguishes them from normal law-abiding citizens  Assumption of discriminating traits: The view that offenders are distinguished from non-offenders by, for example, their high level of impulsiveness and aggression  Reppucci and Clingempeel point out two major omissions in psychological research: (1) Little emphasis placed on studies of the strengths of offenders (only on deficits), and (2) psychological research tends to ignore the potential importance of situational and environmental factors on individual behaviour  Reid criticizes psychological theories as it is not possible to classify people as criminals and non-criminals reliably, as criminal behaviour is pervasive (delinquency, white-collar crime, corporate crime)  Farrington: views criminal behaviour as outcome of several different social and psychological factors – motivation arises primarily out of a desire for material goods or a need for excitement o Motivation may be influenced by psychological variables, such as the individual’s learning history and internalized beliefs of criminality  Eysenck and Gudjonsson agree, suggesting that the central figure of criminology is the individual person in relation to the causes of crime and its control  Community psychology: A perspective that analyzes social problems, including crime, as largely a product of organizational and institutional characteristics of society. It is closely related to sociology: o Rappaport – ‘levels of analysis’ perspective: (1) individual level: social problems defined in terms of individual deficit; (2) small-group level: suggests social problems created by problems in group functioning; (3) organizational level: organizations have not accomplished what they have been designed to accomplish; (4) institutional or community level: social problems are created by institutions rather than persons, groups or organizations – emphasis on values and policies underlying institutional functioning o Haney – situation-centered legal system would weigh the effects of environmental stressors altering a defendant’s psychological state preceding their action Psychoanalytic Theory  Freud’s theory – other psychoanalysts have applied to criminal behaviour  People progress through five overlapping stages of development: oral, anal, phallic, latency, genital  Personality composted of three forces: o Id: A psychoanalytical term that denotes the most inaccessible and primitive part of the mind. It is a reservoir of biological urges that strive continually for gratification. 17 o Ego: A psychoanalytical term that denotes the rational part of the personality. It mediates between the id and the superego and is responsible for dealing with reality and making decisions. o Superego: A psychoanalytical term that denotes the ethical and moral dimensions of personality; an individual’s conscience.  Ego and superego are developed through the successful resolution of conflicts at each stage of development – biological and social factors involved in each stage  Criminal behaviour occurs when internal controls are unable to restrain the primitive, aggressive, and antisocial instincts of the id – failure to progress through early stages of development  Warren and Hindelang: 1. Criminal behaviour is a form of neurosis 2. Criminal suffers from compulsive need for punishment to alleviate guilt feelings and anxiety stemming from unconscious 3. Criminal activity as means of obtaining substitute gratification for needs 4. Delinquent behaviour often due to traumatic events in repressed memory 5. Delinquent behaviour as expression of displaced hostility  Scoenfeld uses psychoanalytic theory as a theory of juvenile delinquency: reflecting a week, defective, incomplete superego unable to control the oral, anal, and phallic impulses resurrected at puberty o Parental deprivation and lack of affection during first few years of a child’s life causes weak superego, esp. boys in fatherless home  Socialization: The interactive process whereby individuals come to learn and internalize the culture of their society or group o Bowlby: stable attachment to a mother allows child to show affection to others and to care for them  Much of psychoanalytic theory is untestable – empirically unverifiable Theories of Moral Development  Piaget: determine how children develop ideas about right and wrong through determining how they developed rules to the games they played  Moral reasoning develops in stages  Young children: egocentrism – unable to take the perspective of others  By 11-12: cooperation – schools should teach moral reasoning by allowing students to work out the rules through problem solving in the classroom  Kohlberg: 6 stages of moral developed related to age and progression as child begins to better understand and integrate diverse points of view on a moral-conflict situation and take more relevant situational factors into account Level Stage Description I Preconventional 1. Punishment Egocentric (What 2. Instrumental happens to me?) Hedonism (Pleasure) II Conventional 3. Approval of Social others Expectations 4. Authority (What do others 18 maintaining expect of me?) morality III Postconventional 5. Democratically Universality accepted law (What is best for 6. Principles of all?) conscience  Preconventional (under 11/adolescent and adult offenders): societal morals and values understood as “do’s” and “don’ts” associated with punishment o Rules and punishment are external to the self  Conventional (adolescent/adult): Understands, accepts, and attempts to uphold values and rules of society – self has internalized the rules and expectations of others, especially authority  Postconventional level (minority of adults over 21): Customs critically examined with regard to universal rights, duties, and moral principles – differentiated his or her self from the rules and expectations of others, and defined his or her value by means of self-chosen principles  Gilligan criticized Kohlberg’s theory of moral development – biased in males justice- oriented approach to morality, ignores care-oriented approach, forbids women to pass second stage  Inverse relationship between moral development and delinquency  Moral development: Refers generally to theories of individual psychology that investigate how moral reasoning emerges in the individual and develops as the individual matures. o Sex offenders show moral reasoning two standard deviations below the norm, and programs for offender rehabilitation focusing on moral developments are effective Eysenck’s Theory of Crime and Personality  Developed elaborate theory of how personality characteristics are related to criminal behaviour  Theory based on classical conditioning: A basic form of learning whereby a neutral stimulus is paired with another stimulus that naturally elicits a certain response; the neutral stimulus comes to elicit the same response as the stimulus that automatically elicits the response o Equates conditioned fear with conscience  Delinquents and criminals do not readily develop t his conditioned response, either because of lack of exposure to effective conditioning by parents and others, or because they are less susceptible to conditioning o Concept of “strictness” in terms of certainty and frequency of pairings of the conditioned and unconditioned stimulus  Three dimensions of personality:  Extraversion: A personality characteristic associated with sociability, impulsiveness, and aggression o Because of their high need for excitement, their impulsivity, and relatively weak conscience, are more prone to criminal behaviour  Highly introverted, introspective, and inhibited people are at the other extreme 19  Neuroticism is linked to the psychiatric concept of neurosis: highly neurotic people are characterized with anxiety, restlessness, and other emotional responses – opposite continuum is stability o Persons high on neuroticism and extraversion would be predicted to be delinquents or criminals  Psychoticism: a person high on this dimension is cold, impersonal, hostile, lacking in sympathy, odd, unemotional, antisocial, lacking human feelings, with paranoid ideas that people are against him or her o Persons high in psychoticism tend to be more serious violent offenders o Hare investigated the three dimensions on psychopathy and found that while neuroticism and extraversion did not correlate with measures of psychopathy (common elements of criminality/anti-sociability but not psychological feature) but psychoticism did  Research in testing this theory are mixed, it encourages tautology (circular reasoning), and fails to adequately define its terms  Shows how psychological and social variables can be interrelated Social Learning Theory  Social learning theory focuses on individual behaviour, while taking into account the influence of the environment and of social conditions on the individual  Cognitive functioning – the ability to think and make choices – is central  Modelling (vicarious learning): A form of learning that occurs as a result of watching and imitating others  Used to explain how aggression is learned – through three sources: o Family: Children of parents who respond aggressively to problems will use similar tactics – abused children are likely to abuse their children o Subcultural influences (influence of social models and peers): Highest incidence of aggression is found in communities in which aggressive models abound and fighting is regarded as a valued attribute o Symbolic modelling: Violence on television – many studies correlate the two, yet direction of causation remains unknown o In addition to it’s direct effect on aggressive behaviour, exposure to television violence increases one’s tolerance toward violence and decreases sensitivity o Autonomic reactivity: A measurement of the extent to which an individual’s physical organism reacts to internal stimuli  Best deterrent to antisocial behaviour is the provision of more attractive pro-social alternatives  Deterrence (fear of punishment) also serves as a major deterrent to transgressive conduct: direct to discourage transgressors of such activity in the future, and vicarious, as a general deterrent to others o Three major sources of deterrence against criminal activity: o Legal sanction: derive from belief that there are legal consequences to transgressions, despite reality that most crime goes unpunished o Social sanction: negative social consequences that criminal stigmatization has 20 o Self-sanction: self-imposed moral standards; most effective as they are operative when there is no risk of detection involved Operant Conditioning  B.F. Skinner’s research theory and application of operant conditioning: The basic process by which an individual’s behaviour is shaped by reinforcement of punishment  Shaping: rewarding approximations of some target behaviour until the behaviour gradually progresses to the desired response  Learning through punishment: a withdrawal of a positive reinforcer (cannot go to visit friend) or the introduction of a negative stimulus (electric shock)  Burgess and Akers conceptualize criminal behaviour in terms of operant conditioning and imitation  Akers’ social learning theory in differential reinforcement: the balance of reward and punishment that govern behaviour o Reinforcement refers to any process that strengthens a behaviour o Punishment is any process that weakens a behaviour  “Teaching-family” group-home model rests on the view that an adolecent’s behaviour patterns, behaviour discriminations, and skills are functions of past behaviour-environment interactions (learning history), currently ongoing behaviour-environment interactions, and genetic organism variables o Group home provides reinforcing environment designed to change existing behavioural interactions in the direction of functional and pro-social skills – emphasis on learning social and family life skills  Ex. Achievement Place – first implemented in a cottage-style treatment facility for delinquent youths in Lawrence, Kansas o Youth live in a residence with trained “houseparents” o Token economy: A behaviour therapy procedure based on operant learning principles. Individuals are rewarded (reinforced) for positive or appropriate behaviour, and are disciplined (punished) for negative or inappropriate behaviour – use tokens to purchase privileges and material goods o Positive short-term effects, long-term implications less positive since difficult to control reinforcement following release – increased emphasis on systematic aftercare to maintain treatment effects Antisocial Personality  Antisocial Personality Disorder: A personality disorder that involves disregard for the rights of others, as well as impulsive, irresponsible, and aggressive behaviour o Also described as sociopathy, psychopathy, and moral insanity o Behaviours characteristic of this disorder include excessive drinking or the use of illicit substances, aggressive sexual behaviour, inconsistent work performance, and a failure to accept social norms with respect to lawful behaviour o Loose use of term as “wastebasket” category for antisocial individual o Ex. Clifford Olson and Charles Manson  Manson was charming yet showed no guilt for any of the antisocial, brutal and ruthless acts – did not see himself as guilty in his eyes 21  Also difficult to understand the motivations of “Canada’s Ken and Barbie Killers” – Paul Bernardo and Karla Homolka – responsible for grotesque rape and murder of three young women o Especially intrigued by female psychopaths  Many individuals with diagnoses of antisocial personality do not have a history of violence – term sociopath used to convey less violence picture – now used APD o DSM-IV-TR APD: Essential feature is a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood or early adolescence and continues into adulthood  Psychopaths refer to a pattern of behavioural features that are similar to those associated with Antisocial Personality Disorder however, in addition, psychopaths display attitudinal features such as grandiosity, glib and superficial charm, lack of empathy, and a lack of remorse, guilt, or shame o Cleckley The Mask of Sanity: unreliability; insincerity; pathological lying; egocentricity; poor judgment; impulsivity; lack of remorse, guilt or shame; inability to experience empathy and to maintain warm, affectionate attachments; impersonal and poorly integrated sex life; instable life plan with no long term commitments  Estimate that 15-30% of inmates could be considered psychopathic  Since 1960s, Hare and colleagues aim to develop a reliable and valid procedure for assessment of psychopathy – Revised Psychopathy Checklist (PCL-R), 20-item checklist of associated traits and behaviours o Used in prison populations: strong predictors of violence and recidivism, form a key part of current risk assessment procedures, and play an important role in many judicial decisions  DSM-IV estimates prevalence of APD as 3% men and less than 1% women  Differences in interpretation partly account for large disparity in prison studies of the disorder, reflecting changes in diagnostic procedure and criteria  Surprisingly little brain imaging research on psychopathy, and questions regarding specific brain impairments and their causes are even further removed from being answered  Several possible neuroanatomical impairments have been identified: o Abnormalities in prefrontal cortex support view that psychopaths are low arousal, fearless, impulsive, and disinhibited individuals o Impairments in hippocampus may result in deregulation in affect and fear conditioning o Dysfunction in the amygdala has been suggested, resulting in reduction in the individual’s responsiveness to the sadness and fear of potential victims, and their ability to learn the stimulus-reinforcement associations that are necessary for moral socialization o Question whether pathophysiology in psychopathy are fundamental to the disorder or are secondary consequences of it  Heilbrun studied influence of intelligence on psychopaths – multidimensional, more intelligent were less violent and impulsive 22  Widom’s study requested participants who described themselves as “charming, aggressive, carefree people who are impulsively irresponsible but are good at handling people and at looking after number one” showed psychopaths as better educated and more successful at avoiding conviction and lengthy incarceration – reinforces research should not only examine incarcerated criminals  Babiak and Hare: Snakes in Suits: When Psychopaths Go to Work: skills in social manipulation make them seem attractive and charismatic in job hiring interviews, appear to be leaders and have management skills (masked needs for dominance, manipulative, and coercive abilities), need for someone who can “stir things up” and effect change quickly, and decreased constraints and levels of accountability in fast- paced business climate create inviting environment for psychopaths (personal gains are appealing, and love risk and thrill) o Ex. Bernie Madoff  No effective treatment exists for psychopaths Focus Box 9.1 Vince Li: Grotesque Killing Aboard Bus 1170  Immigrant to Canada from China  BSc – but worked menial jobs as couldn’t find work in field – described as hard worker but somewhat odd  Bus to Winnipeg, sitting at back of bus, suddenly produced large hunting knife and began stabbing sleeping seatmate – decapitated him, showing him to gatherers outside, dismembered the corpse and proceeded with acts of cannibalism  Most passengers fled, driver and three other males attempted to help victim but Li slashed wildly at them  Rear door barricaded and power cut off to prevent escape  RCMP arrived and encouraged Li to drop weapon out bathroom window, he refused something to the effect that he had to stay on the bus forever  ERT arrived two hours later – Li continued to pace the bus, defiling and eating the course  5 hours later, Li was arrested when attempting to escape through broken back bus window – tasered, handcuffed, victim’s nose, tongue, and ear found in plastic bag in his pockets, his eyes and parts of heart were never recovered, presuming to be eaten by Li  Li suffering mental disorder rendering him unable to appreciate the nature and quality of his actions and to know they were wrong (Silence of the Lambs character knew actions were wrong)  At second-degree murder trial, friends and former wife of Li described him as unusual, but not known to be violent. One episode of unusual behaviour resulted in OPP picking him up on highway, hospitalized briefly before release with medication. Friends were unable to convince him to seek medical help.  Psychiatric assessments defined him as schizophrenic, a mental illness whose symptoms included hallucinations, delusions, and paranoia – voice of G-d had directed him to move from Edmonton to Winnipeg, led him to believe person next to him was threat to his own life, before and after victim’s death  Judge found Li NCRMD 23  Disposition depends on protection of the public, individual’s mental condition, reintegration into society, and the individual’s other needs – Manitoba Review Board decision required Li be detained in a locked ward of a psychiatric hospital in Manitoba – annually reviewed, remains detained with possibility of escorted access to the hospital grounds Focus Box 9.2 Psychologists Suggest Bernardo and Homolka are Psychopaths  Not mentally ill, but lack any conscience and singly-mindedly pursue pleasure  Bernardo: psychopathic qualities combined with sexual sadism  Homolka: interest in submissive sex, paired up with Bernardo engaged in acts such as three-way sex with kidnapped teenage girls and the drug, rape, and murber of her sister  Psychologists suggested Homolka suffered from battered women’s syndrome: rendered helpless and hopeless by repeated beatings – Hare and others disagree and say her role cannot be fully explained by abuse  Only a small percent are physically violent – confuse fame with infamy Focus 9.3 Clifford Olson – The Prototypical Psychopath  Canada’s most notorious and reviled criminal – serial murder sentenced to life imprisonment in January 1982 for torture and killing of 11 girls and boys  String of antisocial and criminal acts leading back to early childhood- violent and brutal  Paid $100,000 by Crown to tell him where he hid the bodies of 7/11 victims  From prison, sent letters to parents of victims with comments about the murder  Never showed any guilt or remorse – complains about his treatment by press, the prison system, and society - considers himself a celebrity  Written to several criminology departments in Canada offering to help them establish a course devoted to studying him Crime and Mental Illness  Many mental health professionals held belief that Crime is symptomatic of mental illness  Majority of criminals do not display any symptoms of mental illness  Lack of agreement with respect to the precise prevalence of mental disorder in jails prisons, and other parts of the CJS o Lack of consistency with definitions of mental disorder  Regional differences may reflect characteristics of the neighbourhoods  In her review of jail studies, Teplin found that among jail detainees, the estimated prevalence of any mental disorder ranged from 16-67% and the prevalence of severe mental disorder ranged from 5-12%  Prevalence of substance use disorders was exceptionally high, over 77% alcohol use or dependence disorders, and over 63% with drug use disorders  Prevalence of mental disorder may be lower in prisons than in jails  30% individuals incarcerated had been medically diagnosed with a substance use disorder, 26% were diagnosed with a mental disorder, and 75% of those with substance use disorder had a co-occurring disorder – particularly hazardous with higher health and service costs and greater involvement in corrections 24  High need for treatment programs within jail and after release – individuals more appropriate for alternatives to prosecution, or mental health courts  APA and National Commission on Correctional Health Care recommend that all institutions adopt a systematic program for screening individuals upon detention o Ex. Nicholls’ Jail Screening Assessment Tool, a semi-structured interview screening for mental health concerns, risk of suide and self-harm, and risk of violence and victimization  Mentally disordered offenders are perceived by jail staff as the most disruptive: increased risk of suicide and self-harm, victimization, and institutional maladjustments  Training provided to police officers on mental health related issues and the use of specialized responses for calls involving people with mental illness varies widely between departments (1/3 calls involve mental illness)  Only 21% of agencies had special unit within department to assist police in handling people with mental illness  Large release in patients from mental hospitals by discretion of police (deinstitutionalization movement), and civil commitment laws changed so commitment had to be based on findings of mental illness and dangerousness – police could no longer use mental hospital as alternative to jail – more arrests  Mentally ill suspects were arrested more often, not because of more serious crimes  Mentally disordered offenders on average showed lower recidivism rates than other offenders (greater likelihood of violent recidivism)  Need for greater integration of sociological and psychological perspectives so that situational determinants and individual differences can be taken into account in attempts to explain criminal behaviour 25 Chapter 10 – Strain Theories  With the growth of sociology, scholars began to look at the wider relationship between crime and the social structure  Consensus perspective (functionalism): Assumes that societies have an inherent tendency to maintain themselves in a state of relative equilibrium through mutually adjective and supportive interaction of their principal institutions. It also assumes that effective maintenance of society is in the common interest of all its members. o Majority share similar values regarding right and wrong o Morality is universal o Crime occurs when something unusual happens that affects social institutions (family, education, government, religion, and the economy) that contribute to the smooth running of society – results in strains, stresses, and frustrations affecting behaviour  Conflict perspective: Focus on the inherent divisions of societies based on social inequality and the way these social divisions give rise to different and competing interests, with the central assumption that social structures and cultural ideas tend to reflect the interests of only some members of society rather than society as a whole. o Not the majority, but the most powerful, whose values and concerns will be represented in the justice system  Strain theory: People feel strain when they are exposed to cultural goals they are unable to reach because they do not have access to culturally approved means of achieving these goals. Durkheim: The Functions of Crime and Anomie  Book Division of Labor in Society argued that social solidarity – social groups working together toward agreed-upon goals – was an essential characteristic of human societies, leading to shared norms  Without norms, societies function poorly  “Normlessness,” or anomie, occurs during periods of rapid change when social solidarity is reduce – lack of sense of community and collective conscience leads to a breakdown in society and increases in suicide and crime  Every society needs its quota of deviants Anomie and Normlessness  Anomie: A concept developed by Emile Durkheim (1858-1917) to describe an absence of clear societal norms and values. Robert Merton (1910-2003) used the term more narrowly to refer to a situation to which people would adopt deviant means to achieve goals beyond their means.  Heterogeneity and increased DOL weakened traditional societal norms, loosened social controls, and encouraged individualism – when social cohesion breaks down, society loses traditional social control mechanism and suffers from high rate of crime  Leads to self-interest, rather than norms, control behaviour Merton: The Gap Between Aspirations and Means 26  Applied this idea to crime by linking social structure and anomie  Social structure: The patterned and relatively stable arrangement of roles and statuses found within societies and social institutions  Too much emphasis on the pursuit of self-interested goals and not enough on “legitimate means” to achieve those goals leaves society “normless” or anomic – leads to illegitimate means of achieving desires  Crime as a symptom of the gap between culturally prescribed aspirations and the socially structured means for realizing those aspirations o A rejection of the notion that aspirations are entirely self-created; rather, they are defined by culture and transmitted by other members of society (ex. accumulation of money and status from material wealth in America)  Socially structured avenues, such as schooling, are the accepted institutionalized means of reaching such goals  Gap between goals and means is small for certain portions of society but large for others: strain results in deviant innovation  Condition known as microanomie: individual places more value on self-interest than collective values  A study by Konty found that students favouring self-enhancing values over self- transcending values were more likely to report having committed criminal and deviant acts o Self-enhancing values: emphasize social status, prestige, dominance over others, and personal success o Self-transcending values: emphasize appreciation, tolerance, protection, and the welfare of others Focus Box 10.1 Durkheim’s General Model of Deviance  Suicide, crime, and general deviance are inhibited in cohesive communities  Protestant communities (more individualistic) had higher suicide rates than Catholic communities (more oriented toward collective thinking)  Greater individualism  Lack of social cohesion  Suicide and Crime Strain as a Feature of Society (Rather than of Individuals)  Bernard argued that strain or anomie should be interpreted as properties of social structures, not individuals  Distinguish between cultural factors and structural factors  Structural features creating uneven distribution of legitimate opportunities will have pockets of instrumental crime, regardless of cultural values  When a culture emphasizes the ruthless pursuit of wealth, even if there is equal opportunity, crime will be widespread and have a high rate of crime (US, Canada)  Messner and Rosenfeld extend with institutional-anomie theory: American culture emphasizes monetary success, with less emphasic on legitimate means of achieving it  combination of strong pressures to succeed economically and weak restraints on the means is intrinsic to the “American Dream” o Directly contributes to crime and indirectly effects crime through links on the institutional structure  Those at the top as subculture of power abuse: less likely to be punished in same ways as those without influence 27  LaCroix – longest prison sentence for white-collar crime in Canada – released  Canada is the only developed country that does not have a national securities regulator Responding to Opportunistic Crimes of the Powerful  Lack of enforcement by Canadian authorities sends clear message to potential criminals  Three independent federal watchdogs by Conservative government have done little to increase integrity in government  Economic institutions dominate NA, with the family, education, and the political system secondary  NA produces higher levels of serious crime than those countries in which the institutional balance of power leans toward non-economic institutions (ex. Japan and India)  Hagan: US Government policy encourages corporate crime – Financial crime secondary to harsher treatment of street criminals in Reagan White House Reducing Crime by Changing the Behaviour of the Elite  Must target frequent acts of immorality, instead of
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