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Criminology Final Exam Review
Introduction to Criminology (CRM1300)
University of Ottawa
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Criminology Final Exam Review INTRO TO CRIM WINTERDYK: what is criminology? -interdisciplinary, behavior, causation, prevention punishment: what you’re sentenced to rehab: in the sentence, try and prevent person from committing crime again FRANK SCHMALLEGER+REBECCA VOLK An interdisciplinary profession built around scientific study of crime and criminal behavior, forms, causes, and legal aspects of control LARRY SIEGEL: Scientific approach to study of criminal behavior Inquiry to: -nature and extent of crime -process of making laws -causation of law violations -societies reaction to law violations -methods to control criminal behavior CRIMINOLOGIST? Behavioral scientist- primarily w human action Specializes Identification Classification Description Studies crime, and criminal behavior WHAT DO THEY DO Interdisciplinary, multi-faceted- teach, research, present findings Involves sub-areas: 1. Criminal stats 2. Sociology of law 3. Theory construction- etiology 4. Typology of criminal behavior- way of organizing a subject 5. 3 p’s: policing, prosecution, protection- might do civilian oversight in police department/expert witnesses 6. Victimology DIVERSITY: Social structure, social process, social organization Chemical, genetic, neurological infl. Money is the root of all evil CPTED: avoiding crime w/environmental factors Social policy/laws CAUSES OF MENTAL ILLNESS: Genetic, hormonal factors, Neurochemistry, viral causationdu CRIME AND DEVIANCE DEVIANCE
Behavior that violates conduct/standard of society/group Violates social norms May or may not be against law—can be formalized into law: all crime is deviance Perceptions- different people, different meanings Social process + attitudes define crime Culture, sub-cultures all have own norms Norms: what is appropriate behavior Dress codes, by laws, course requirements (take prereq), sports and games (rules but also norms) Those with the most power define deviance ex. Gamblers, alcoholics NORMS Rules enforced by society, contributed by a larger social group of values Adhering contributes to social cohesion, and helps society have less conflict Cognition helps w appropriation of social behavior Learn thru socialization: first from parents and family DEVIANCE AND SOCIAL STIGMAS Deviant identity casts you to a negative roll Labels have severe effects on quality of life—spoils identity Trouble presenting positive image b/c of low self-esteem, feeling devalued EXPLAINING DEVIANCE Functionalist Perspective: doing something great and out of the ordinary Merton’s theory of Deviance: societal goal is to have success, so u have to go to school and get a good job—some ppl cant achieve this goal, and goes to deviance for $$$ Cultural Transmission: thru parents, peers Routine activities theory: everyday lives have deviance chance Labelling Theory: get labelled, adapt and go further Conflict Theory: getting perspective from just two persons Feminist Theory: deviant beliefs coming from just men CRIME Crime: violation of societal rules of behavior as interpreted and expressed by criminal law; which reflects public opinion, traditional values, and viewpoint of people holding social and political power. Individuals who violate these rules are subject to sanctions by state authority, social stigma, and loss of status. Social phenomenon Criminal law: crime is violation of law, has to be codified, has to go against it Provincial governments can’t make criminal law Federal law makes penalties Varies by time and place Always changing Conventional crimes: crime committed by indivs/sm, Non-conventional crime: ex market inflation—not pursued by criminal law system Decriminalization: Reduction/removal of criminal penalties, no criminal record-can get time LEGALISTIC/NORMATIVE
Techniques and strategies for preventing deviant human behavior in any society Rich and powerful not subject to social control Family, peer groups (talk and dress alike), university (certain rules), government (laws) Socialization through family and friends Competing social norms w/your own groups, friends say this is normal and fam doesn’t Anomie: loss of direction felt in a society when social control of individual behavior has become ineffective CONFORMITY Conformity: going along w/peers, indivs of our own status, who have no special right to direct our behavior Obedience: compliance w/higher authorities in hierarchical structure Ex. Student conforms to drinking behaviors of peers, but obeys security officers requests Some ppl influenced by prejudice expressions, conform to expressing intolerance towards others. FORMAL AND INFORMAL SOCIAL CONTROL Formal: carried out by government ex. Jail Informal: can be laughing, smiling, raising eyebrows, ppl use casually to enforce Imprisonment being used too much, black people in USA overrepresented, Aboriginals in Canada overrepresented SOCIALIZATION Primary source of conformity and obedient behavior; self-control also developed this way We have all internalized the need to obey Socialized to want to belong Our connection to people in society and with our family makes us want to conform Mores: distinguish between right and wrong Folkways: routines for casual interaction SOCIAL PROBLEMS Social problems: social condition that has negative consequences for individuals, our social world, or psych world Unemployment, alcoholism, drug abuse, HIV/AIDS Social construction: people using their own mind to decide if somethings illegal
MEASURING CRIME
MEASURING CRIME
Validity: accuracy of a measure in relation to concept that one is attempting to measure— WINTERDYK: accurate
Reliability: extent to which a measurement procedure produces the same results on repeated trials—WINTERDYK: consistent Official crime-reporting systems: official reports to the police UCR data: 3 categories only what is reported to the police—not all crime determined by: violent crimes (most important), property crime, then the offence with the highest maximum sentence reasons for not reporting a crime: -victims intimidated -feel of retaliation -economically dependent on offender -feel like nothing will be accomplished by reporting -feel like it isn’t that important -victim may not even know they’re a victim -time and money problem -fear/distrust of police/CJS CRIME RATE CALCULATION # of police reported crimes / population x 100,
THEORY
WHAT CAUSES CRIME
biological, genetic, psychological, social, economic, environmental WHAT IS THEORY
MORAL PANICS
Moral panic: condition, episode, person/group emerges to become defined as threat to societal values and interests
CRIMINAL LAW
LAW
Law: noun 1. Principles and regulations established in a community by some authority and applicable
2. Its people, whether in form of legislation/custom/policies recognized and enforced by judicial decision 3. Any written/positive rule/collection of rules prescribed under authority of state/nation, as by people in its constitution 4. Act of supreme legislature body of a state/nation, as distinguished from constitution RULE OF LAW sense of orderliness, of subjection to known legal rules, and executive accountability to legal authority basic elements: scope of the law, no privileged exemptions, equality before the law character of the law clear and made public institution of the law: certain rules (fair and just), ex. Independent judiciary, written laws, and right to a fair hearing CRIMINAL LAW substantive criminal law: Body of legislation that declares which actions will be punished by the state; legally defines crime, provides crime framework, subject to interpretation by various actors, criminal code of Canada Procedural criminal law: described how law enforcement agents must act in dealing with an offence; procedural safeguards designed to protect accused, charter of rights and freedoms ORIGINS OF LAW Code of Hammurabi: first written laws Lex talionis: principle of an eye for an eye (early form of law) Compurgation: get people to swear on a bible that you didn’t do the crime, attest to your character Trial by ordeal: conflict solved by battle Common law: all judges follow precedent Wergild (compensation): king takes cut of compensation that goes to victim STARE DECISIS- PRECEDENT Stare decisis: deciding cases on basis of situation of similar facts Lower courts follow decisions of higher courts Equal rank courts follow each other’s decisions if possible COMMON LAW PRINCIPLES 1. A man is innocent until proven guilty 2. A man’s home is his castle 3. A man cannot be convicted twice 4. A person under 12 years cannot be convicted 5. A man can only be charged and convicted with a crime known to law 6. A man can only be punished after conviction 7. A man is entitled to be tried by peers 8. Accused must be given benefit of a reasonable doubt 9. Crown must prove its case beyond a reasonable doubt 10. Defense of mental disorder WRITTEN SOURCES constitution: fundamental principles that guide application and enactment of law; charter of rights and freedoms statute law: statutes, criminal code, only parliament has power to enact criminal code
incarceration of dangerous offenders- pose threat, very violent innocent before proven legally guilty extralegal issues inconsistent: race, gender, class, doesn’t make difference-everyone equal before the law DETERRENCE MODEL potential criminal will choose caught and punished—if hard enough they won’t do it again certainity, severity, swiftness of punishment- sooner you’re punished, more you’re deterred efficient operation of CJS reduction of court delays/time between arrest and trial protection of society rather than individual more resources to prevent and fight crime more powers to state agents and officials of CJS human rights not as important—want to be quick SELECTIVE INCAPACITATION MODEL punishment based on presumed future behavior determined by previous convictions emphasis on offender rather than offence more
both parties can have legal advice admission of guilt cannot be used as evidence in late legal proceedings failure to reach agreement not justification for harsher sentence in later legal case consequences for not honoring agreement
CRIMINAL JUSTICE SYSTEM
WHAT IS CRIMINAL JUSTICE
1. Guilt, innocence, and sentence must be determined fairly 2. Punishment should fit the crime 3. Like cases should be treated alike Substantive justice: accuracy of the outcome of a case—the best way to ensure this is by procedural justice Procedural justice: fairness of the procedures used to arrive @ verdict in a case—police has to list off what happened, allowed a lawyer, trial
Role: approving charges w/enough evidence, filing charges on basis of evidence, reducing charges, dropping charges, plea bargaining, prosecuting charges, submissions to sentencing Crown prosecutor role: enforce and not necessarily convict, must present all relevant evidence, conviction rates seen as success, acquittal as failure, makes opening statement and sets tone, examines records and witnesses, decides whether to go ahead w/case, lays out evidence and examines witnesses in preliminary hearings Prosecutor discretion: drop charges, plea-bargain, indictment/summary conviction PRE-TRIAL PROCEDURES Warrant: issued after a crime has been committed and police have enough evidence for reasonable and probable grounds Lay an information: identifies why they feel it is in public interest to arrest suspect—and arrests suspect Detention: held in custody—police decide have to or not Judicial interim release hearing: hearing where a justice decides if they’re allowed to be released before trial Bail: make sure accused appears @ trial; won’t be granted if its necessary for safety of public to keep detained Fitness trial: able to understand trial proceedings, and instruct defense counsel throughout trial Preliminary inquiry: trial w/no jury, some evidence concerning fitness of accused, if fit, trial continues, if not, other stuff TRIAL PROCEDURES Arraigned: hears charges being brought and enters plea; guilty: sentencing date, innocent: information is drafted Election indictable offence: accused has right to choose between trial by judge alone/trial by judge and jury Trial evidence: Real evidence: weapons/fingerprints, original and duplicates Direct evidence: eye witness Circumstantial evidence: doesn’t directly say someone did it, but gives effect they did— inferences, not set fact. Ex. Selfie holding a knife used to kill someone Jury must be unanimous, hung jury results in mistrial
SENTENCING
SENTENCING AND PUNISHMENT
Sentence—judicial determination of a legal sanction to be imposed on a person found guilty of an offence Disposition: actual sanction imposed in sentencing, judicial determination of legal sanction to be imposed on a person found guilty of an offence Rationale of sentencing: deterrence (specific: individual person before judge being sentenced. General: general population be scared of what happened to others), selective incapacitation (chronic criminals), rehab (programs), justice (seriousness of crime plus
prior record), restoration (repairing harm done), healing (reintegration of victims and offenders) Options: discharge, probation, incarceration, suspended sentence, and a fine PUNISHMENT Punishment: inflicted on an offender because of an offence he/she has committed; it is deliberately imposed, and not just the natural consequence of a person’s actions. The unpleasantness is essential to it, not an accidental accompaniment to some other treatment Discourage acts Important part of social control—shaming and socializing device as well as instrumental functions—serves a purpose Punitiveness: a person’s level of support for harsher sanctions +/or crime policies Emphasis on increasing quantity of people punished, intensity of punishments, length of punishments “penal populism” PENAL HARM MOVEMENT decision based on just evidence and social causes of crime are irrelevant social programs don’t work criminals are only deterred by pain and punishment prisons keep criminals off the street more imprisonment=safer society some offenders may be controlled in community through intensive probation, such as house arrest if that doesn’t work—use more prisons and punishment
CORRECTIONS
CORRECTIONAL FACILITIES
provincial/territorial: term under 2 years; all non-custodial sentences federal: correctional service of Canada; term of 2+ years community supervision: parole, probation, conditional sentence, statutory release, temporary absences, halfway houses all depends on the length of sentence, treatment programs vary with institutions FUNCTIONS OF PRISON role of correctional institutions in Canadian society: -custodial model: earliest model, incapacitation and deterrence
optional: drug counselling, stay away from children, community service, rehab programs, long-term supervision PAROLE granted by parole board applies only to those in prison length depends on sentence and timing of release may be revoked for violations CONDITIONAL SENTENCE offenders serve time in community, not prison also known as INTERMEDIATE SENTENCING sentences fall somewhere between incarceration and probation conditions: mandatory: law-abiding, court appear when ordered, specific set of boundaries, inform court of change of address/job optional: similar to probation, most common: curfews + mandatory treatment, home confinement/electronic monitoring INTENSIVE SUPERVISION PROBATION supervision is: extensive, focused, ubiquitous, graduated, strictly enforced, coordinated involves: several weekly contacts w/probation officer, random drug/alcohol tests, residence in approved housing HOME CONFINEMENT/ELECTRONIC MONITORING HC is form of house arrest EM indicates when offender leaves home 20% failure rate, mostly technical violations/not new offence FINES may be used alone/in combo w/other sanctions rarely used in combo w/prison sentence fines alone can’t be used w/offences w/min/max of 5 years + more frequently imposed in impaired driving cases COMMUNITY JUSTICE MOVEMENT crime is a social problem that affects everyone in the community, wants CJS to enhance community life/sustaining community, focuses on crime and resulting problems as a central to quality of community life, “collective efficacy”, key aspect of informal SC
GENDER AND CRIMINOLOGY
GENDER AND CRIM
women pretty much invisible in criminology up until the 80s, males make rules, dominate government, set gender roles, have power, result: conflict gender: social, cultural distinctions of being male/female sex: biological aspect gender identity: extent to which we identify as masculine/feminine androcentric, (male centered) male experiences and understanding of the world 2 basic functions: 1) criticize traditional male androcentric approaches to the study of crime. 2) develop a greater gender sensitivity
feminine perspective focus on 3 areas: 1) victimization of women 2) gender differences/disparities 3) gendered justice: different treatment of male and female offenders and victims by CJS generalized: crime rates of males would apply to male and female conflict in society is based on inequality due primarily to gender civil rights movement moved towards women’s rights as well equal rights amendment; increasing female political power; feminist issues spread generalizability problem: 1) anomie theory: basic theories of criminology, can’t be applied to women, socialized to have successful relationships and wanting a family 2) sub-culture theories: why women who have achieved relationship goals commit crimes? 3) differential association: who you hangout with 4) Marxism: neglects gender issues women commit less crime than men “can’t be understood” patriarchy: men’s control over women’s labor and sexuality—principle goal of most feminist theories is to abolish patriarchy by ensuring women equal opportunity and equal rights -part of how they demonstrate masculinity and assert control over women VIDEO: YOUR BEHAVIOUR CREATES YOUR GENDER gender: acting/role playing certain ways that give impressions nobody really is a gender from the start bullying: informal practices to keep us in our gender gender preformative: has an effect on others; the way you showcase yourself to preform our gender: display our gender FEMINISM set of theories and strategies social institutions, process, and relationships are location of inequality oppression and discrimination passed laws and created customs to maintain privileged male position—police officers, legislators are mostly male THEORETICAL PERSPECTIVE forgotten population, simple concepts and motives, relatively non-criminal, least explored areas
MAJOR FEM PERSPECTIVES 1) liberal: equality, freedom of choice 2) radical: patriarchy and male aggression 3) Marxist: capitalism is vehicle of oppression and exploitation 4) socialist feminist: gender oppression and capitalism paternalism: males need to “protect” females -for own good; just being protectors; independence=male; dependence=female -different ‘rules’ for males and females; more often scrutinized and controlled; more frequent detention of female juveniles
pluralistic cultures: you can maintain aspects of your culture but also take from Canada (because Canada is pluralistic) –mutually influenced each other—share some values and beliefs—retain some aspects of cultures cultural influence: our perceptions of deviance and crime race was created for scapegoating scapegoating: put blame on something; justification for why things go wrong; ex. Immigrants take our jobs is the reason for unemployment the powerful can create conflict w/in the group, makes easier to control groups—race/ethnicity/gender/class Cultural variation: individualism: loose ties, individual and his/her immediate family, emphasize I, human civil and legal rights, competition to succeed collectivism: degree to which individuals in society integrated into groups; welfare of group opposed to individual; WE; good of group; tightly-integrated relationships; support each other power distance: extent to which less powerful members of society accept and expect power is distributed unevenly—higher power level means higher hierarchy, w/lower degree, people can question authority; lower power level: inequality and power, people question authority and attempt to distribute power uncertainty avoidance: societies tolerance for ambiguity- if people embrace/evert from weirdness—high degree: stiff codes enforced strongly, criminalization of many behaviors; lower degree: more acceptance of differences and thoughts, laisez-faire, free flowing environment -ex. –getting arrested for collecting garbage too early, BC-get arrested for left lane driving, QB-can’t criticize police online, MB- teens can’t go out after 1am, woman arrested for calling police too many times, Alabama- ban mini-skirts and baggy trousers masculinity-feminity: masculine: achievement, heroism, excellence, material awards, assertiveness; feminine: modesty, caring for weak short vs long-term orientation: connection of past with current and future actions and challenges; short: don’t want to change way it is, traditional; long: views adapting as necessity indulgence vs restraint: measure of happiness; whether or not simple joys fulfilled; indulgence: society that allows more human desires related to enjoying life and having fun, ex. legal weed, alcohol, free to enjoy desires + indulge; restraint: society that controls gratification of needs by strict social norms, ex. banned alcohol and weed, elders decide for you
VIOLENCE VIOLENCE cultural violence: hockey/sport violence, boxing, video games, music videos, wrestling, hunting, television, news, cartoons—influence youth—more younger people-more crime world health organization’s definition of violence: intentional use of physical force/power, threatened or actual, against oneself, another person, or against a group/community, that either results in or has high likelihood of resulting in injury, death, psychological harm, mal-development/deprivation
varies between different societies, different times and contexts, instrumental or expressive, particular purpose, spontaneous, notion of control aggression: aggressive acts that try to inflict harm on someone who’s trying to avoid; sometimes used interchangeably w/violence, it’s basic human instinct, channel it into constructive activity—desirable in business, sports dominance: aggression and violence to improve dominance instrumental: used to achieve control, threat: walk up to someone with a gun; threat is instrumentalplanning on violence; ex. robbery—pre-meditated expressive: being angry, spontaneously; ex. Seeing BF w/girlpunch him; not pre- meditated ; result of loss of control provocation: see BF in bed with another woman, if GF goes and kills person in bed, then lawyer says they were provoked; person didn’t intend to kill, they were just so agitated, they killed---if you see the scene, leave, and come back and kill- it’s not provoked INTIMATE PARTNER VIOLENCE pattern of abusive behavior—not one time use/threat of violence/intimidation instrumental purpose is to gain power and control of another person that you have an intimate relationship with physical: abused uses body/ objects to inflict psychological: humiliate/degrade/ verbal/non-verbal threats economic: forcing person to be supportive on them 3 stages: 1) tension building stage: victim exposed to minor physical/emotional abuse—abuser gets reinforcement that victim is not fighting back 2) acute battering incident: rising tension and abuser being reinforced in aggression— increased (serious) violence; reinforces victims fear/ in danger/ any response calls for more abuse 3) loving contrition: when abuser is expressing sorrow/regret—says going to change, not going to do it, blames other things PTSD: depression, anxiety, low self-esteem, isolation, fear—effects how perceive situation, ability to extract themselves from it Battered women’s syndrome: what happens after a while of being abused
BATTERED WOMEN’S SYNDROME
Imminence rule: can’t use self-defense if it wasn’t immediate threat; doesn’t apply battered spouses know there’s a pattern and it will happen again Not appropriate to ask why didn’t you leave? Logic based on own experience Mental state Cumulative effect of violence—ability to predict onset of violence Escalating terror ‘murder by installment’: a woman who is being abused is unable to defend herself from big man; to wait until moment where he is about to kill her is ridiculous ‘learned helplessness’: self-esteem so low from ongoing abuse, that she/he quickly forgives abuser
Criminology Final Exam Review
Course: Introduction to Criminology (CRM1300)
University: University of Ottawa
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