Chapter 12 - Crime, Deviance, and the Law Flashcards
1
Q
What is deviance?
A
Actions or behaviours that violate norms, values or expectations of a given society.
* These are things that just go against what is socially acceptable but are not punishable
2
Q
What is crime?
A
Actions or behaviours that are illegal and punishable by law.
* These are things that go against what is socially acceptable and is actually punishable by law
3
Q
What type of behaviour can result in stigma or marginalization?
A
Deviance.
4
Q
What type of behaviour causes a greater degree of harm?
A
Crime.
5
Q
True or False: Deviance is always intentional.
A
False.
6
Q
What theory views law as an instrument of oppression maintaining the economic status quo?
A
Conflict Theory.
7
Q
What is primary deviance? Provide an example that was covered in class.
A
A violation of norms that does not affect an individual’s long term (permanently) self-image.
* Example: receiving a speeding ticket
8
Q
What is secondary deviance?
A
When an individual’s self-image and behaviour change after their actions are labelled as deviant. (something that does change our self concept)
* We becomes labelled (which CAN result in a stigma around us) which affects the behaviour that we display
9
Q
List three functions of crime according to Structural Functionalism.
A
- Social Regulation (controls)
- Social Change (differences)
- Social Integration (this acts as a marker to see if all groups are able to abide to a single law and that it fits for everyone)
10
Q
What does S. 718.2(e) of the Criminal Code of Canada emphasize for sentencing Aboriginal offenders?
A
All available sanctions, other than imprisonment, that are reasonable in the circumstances should be considered.
11
Q
What are the Gladue Principles?
A
- Do/did you live on reserve?
- Have you or family members ever been in foster care?
- Did you or family members attend a residential school?
- Have you struggled with substance abuse or been affected by someone who has?
- Did you grow up in a home where there was domestic violence?
- Is there a program in your community that would help to address the issues that got you into trouble with the law?
- Have you participated in community activities?
12
Q
What are the components of the Criminal Justice system?
A
- Laws
- Police and law enforcement
- Courts
- Incarceration and corrections
13
Q
Define institutional racism.
A
Racism that is inherent in the practices of social and political institutions.
* This is the notation that the law is formed by and around eurocentric views and standpoints
14
Q
Name two indicators of institutional racism.
A
- Supported by cultural values
- Codified into laws that openly discriminate against minorities
15
Q
What is the difference between racial prejudice and institutional racism?
A
Power.
16
Q
What did the pass system require from First Nations people?
A
To obtain a pass from the Indian Agent in order to leave reserves.
* These were used to control when and how long parents could visit their children at school
17
Q
What is the Doctrine of Discovery?
A
Allowed European entities to seize ‘uninhabited’ lands.
18
Q
What was banned by the Indian Act regarding Indigenous ceremonies?
A
Potlatch ceremonies on the West Coast and rain dance and sun dance ceremonies on the Prairies.
19
Q
What is Indigenous deviance defined by?
A
The Western colonizer
Indigenous deviance is seen as a social construction to justify colonial dominance.
20
Q
How does the underdevelopment of Indigenous communities affect perceptions of them?
A
It promotes Western perceptions of Indigenous peoples as deviant.
21
Q
What do Indigenous perspectives on crime, law, and deviance rely on?
A
Interpretations from Elders.
* This is the idea that man forms or systems of law that indigenous populations part took in have been ignored and wiped out of society
22
Q
What have colonial interpretations constructed Indigenous peoples as?
A
Deviant, backwards, and in need of colonization.
23
Q
What was the method of justice carried out by Indigenous people pre-colonization?
A
Including the victim, offender, and community in a justice process focused on healing.
24
Q
What modern practice reflects Indigenous ways of justice?
A
Healing circles.
25
What type of justice did colonizers suppress in Indigenous communities?
Community-based healing rather than punishment.
26
Name a type of act considered a crime in the Western world but not in the Indigenous world.
Land defense.
27
What has systematically alienated Indigenous people from their traditional laws?
Colonization.
28
What does the Indian Act of 1876 do?
Dismantled traditional governance and imposed strict rules on Indigenous peoples’ lives.
29
What rights did the Constitution Act of 1982 recognize?
Aboriginal and treaty rights, including self-government.
30
What did the Act Respecting First Nations, Inuit, and Métis Children, Youth and Families (2019) establish?
Jurisdiction over child welfare and family services for Indigenous peoples.
31
What is one key aspect of Indigenous legal orders according to the Indigenous perspective?
Law is a set of stories that help regulate relations.
32
How is the criminal justice system primarily characterized?
By punishment and reliance on incarceration.
33
Are Indigenous people more likely to be incarcerated for the same crimes as non-Indigenous people?
Yes.
34
What was the methodology of the research study on Swampy Cree Elders (and in general)?
Interviews respecting Swampy Cree protocols.
* This was used to focused on knowledge comparison of the two systems from now versus back in time
* This also focused on cultural practices and learning the history of the population
35
What philosophy guided the research findings regarding Swampy Cree justice?
The Four Directions philosophy.
36
What characterizes the Elders’ description of Swampy Cree justice?
A system emphasizing healing.
37
What does the mental realm in Swampy Cree justice emphasize?
Feelings and emotions.
38
What are some key components emphasized by the Elders in justice?
* Open-mindedness
* Non-judgmental community involvement
* Accountability
* Reparation
* Reconciliation
* Restoration
39
What is the physical realm's focus in the context of justice?
The need for offenders to take responsibility for their actions.
40
What do Indigenous laws offer for thinking about crime and justice?
Lessons that can improve justice for Indigenous communities and broader society.
41
True or False: Western justice has been used to support Indigenous justice.
False.
42
What is crucial to Cree Elders, individuals, and communities regarding justice?
Indigenous justice.
43
What is the importance of deviance in society?
* These are things that do not affect or threaten our social order
* These also act as stepping stones towards what we understand to be approipate in society and what is not
* This are allow important to us for studying how norms change over time
44
What is the importance of crime within society?
* These punishable affects allows for us to control society and maintain social order
45
What is social order?
* This is the beliefs and standards that enable stability in society in order to keep society stable (How societies use rules or norms to keep things organized)
46
What are the basic principals of criminal justice?
* Law (the rules)
* Enforcement rules (
* Punishment (incarceration and corrections)
47
Aside form the basic principals of structural functionalism, what is the overall idea that this theory examines in Crime and deviance?
This theory focuses on the roles that crime and deviance plays in society.
* Examines how crime contributes to social order
48
How does the structural functionalism theory view the importance of laws
they think that since individuals in modern society have different roles and different interests which means that there is a higher chance that individual different will results in conflicting interests and hence leading people to act out
* With this, they think that laws maintaining a basic understanding of what is right and wrong but they must change as social norms change
49
What does the structural functionalism see is permittable in terms of crimes?
* They think that small amounts of crime are needed and are accepted (this then results in us to be able to create a consensus of what rules should be used to monitor society)
50
Explain the symbolic interactionism theory in terms of crime and deviance?
This theory examines how our sense of self is socially constructed and that everyone violates some type of norm or rules at some point
* this theory examines how deviance is ultimately created
51
What is the example of secondary deviants that was covered in class? Explain it.
Example: a teenager who gets into fights and break the rules which leads to overall personality labels
* Ultimately, they may continue to break more rules
52
What is differential association?
* This is the idea that if we have a lot of interactions with a group who part takes in criminal behaviour then we can notice a change in our behaviour to sway towards that as a attempt to fit in.
53
Describe the conflict theory in terms of crime and deviance
This theory shows an interest of how there is a seperation between the capitalist and the workers.
* It was further thought that capitalist exercise their power with in the law to keep their power in society
54
According to conflict theorist, what was the ultimate reason that captalism plays a role in crime?
Because capitalism and resources are associated with each other this creates an inequality. This inequality then leads to increased criminal activity within lower status grows (typically lower status groups)
* This then examines the idea of false needs
55
Define false needs?
This is the idea that things are considered neccerary due to a larger presence of that thing in society. This then leads to individuals desiring it in order "fit in"
56
Define what is meant by white collar crime? Provide an example discussed in class.
* These are crimes that tend to be associated with jobs that are more professional
* Example: tax fraud or evasion
57
Define what is meant by blue collar crimes? Provide a examples that was discussed in class.
* These are typically classified by crimes that are commited by the working class
* Example: Robbery, crime that are more visible
58
Which type of collared crime tends to be more punished?
* Blue collar crimes tend to be more punished and tend to have a more harsh punishment
59
What does institutional racism carry out?
* These systems reproduce unequal access to certain resources
* The formations of the laws also continue to carry out inequalities between different groups
60
Define racial prejudice
* this is the difference between individuals based off of racism and institutional racism
* through social institutions only one group's interests are represented which leads to repression of certain groups powers
61
What is the evidence of institutional racism in the Criminal system? Briefly describe them.
* Laws: forms of what we see as criminal behaviour was changed when the institution was produced which changed cultural traditions practices
* Law enforcements: it is thought that law enforcers tend to sterotype different individuals (this has lead to more indigenous individuals in the justice system)
* Courts: it is thought that there is a under representation of indigenous employees working in the systems which leads to environmental racism
* Incarcerations: it is thought that punishments of indigenous individuals tend to be harsher and that they tend to be denied different lawful rights (proll)
62
Define Terra Nullius
* This means un-habited land
63
What is the importance of event surrounding Terra Nullius?
* this is the idea that the creators of the laws used it as a justification to take land
* they then used certain european features to the land as habited or not (un-habited land then lead to individuals claiming the land)
64
What is the principal of internation law?
* This is an example of how law promoted racial inequalities at different times
65
How did the post-colonial ban of indigenous ceremonies and traditions happen?
* This happened through the institution (the institution was thought to have been a method to control different cultures at one point)
66
Why did the indian act ban different indigenous ceremonies and traditions?
* The justification was that there was an exchange of wealth at these ceremonies and that in the eyes of the law, this exchange of resources and food was considered to be wasteful
67
What was the ultimate goal behind the reserves and the pass and permit system?
* This system was used to promote colonization of the west and prevents the indigenous individuals from their lands being taken away
68
Why were reserves used?
* The idea of reserves were introduced to contain the indigenous individuals which started off to be the people the government thought would rebel against the rise of new power
69
What is the problem with he incarceration in the justice system?
* There is a high rate of incarceration of indigenous individuals
70
What is the basis behind developing Gladue principals?
* These principals were a set of questions that are asked to the aboriginal individuals to see which section of punishment they will fall under (indigenous rules or eurocentric laws)
71
What was the overall goal that was trying to be achieved from the introduction of Gladue's principals
* The goal of these principals were to minimize the over representation of indigenous individuals in the justice system
72
What are critics of the Gladue Principals
* these principals does not actually address the underlying problems within the arguments (these do not examine societies interests or problems)
* These principals involves indigenous individuals sharing family and/or personal trauma in court in order to be accessed to be observing these problems
* We tend to that indigenous woman tend to be the larger victim of different crimes
73
What is indigenous deviance?
* this is behaviours by indigenous peoples that is not illegal but goes against the euroncentric social norms that are being enforced
74
Define eurocentrism
* This is the idea that judgement form an outside culture is used to observe a different culture and negative views and excludes their values as it differs from our values or views
75
How was it thought that indigenous deviance occured?
* It was thought that this deviance occured from banning ceremonies
76
What was the indigenous legal system?
* This was a process in which punishment is not the best way to defer a crime either before or after the crime in commitited
77
What is the basis of the Canadian system?
* This is based off of punishment and that the idea/laws behind this punishment is created so that we know what behaviours/acts are right or wrong
* The goal behind this systems is that the offender will hopefully think twice before reoffending when they are punished
78
Describe the idea of different legal systems around the world
* This is the idea that there is no just a single way to enforce rules
* This is the idea that different government forms will lead to different punishment based off of their ways of collecting data
* This is data collection that will lead to different public inquaries that will change how different problems are dealt with
79
What are the different parts of Canadian legislation? Briefly describe each part
* The indian act: this act dismantals pre-existing canadian government forms
* Constitution: this first reconginizes the idea of self-governments with indigenous populations
* Act respecting: this is giving indigenous individuals the abilities control over child welfare and family services
* UN declarations: This represents the idea that there will be rights of self-governance that are given to indigenous peoples
80
What is the goal of the Canadian legislation
* This legislation is trying to promote the combination of both indigenous legal systems with the current legal system that is currently being enforced
81
What is the basis behind indigenous laws?
* They focus on difference relationships that can exist within the community both in interpersonal relationships and on an environmental level
82
Briefly describe ethnographic research studies in terms of Crime and deviance?
* Researchers observed processes and looked at how different act are evaluated
* this focused on how colonization changed certain punishments and philosophy behind punishment and institution types
83
What was the outcomes of the two different research methods (ethnography and methodology) on the study of indigenous individuals?
* It was found that offenders were dealt with back in the past if they violated one of the four indigenous realms
84
When comparing the eurocentric and indigenous justice models, what were the outcomes?
* both of these models allows us to view the differences and find what society surrounds itself with (focus of trying to maintain and achieve the best society)
* Both focuses on what threats society and tries ton control social order (idea of retribution)
* these focus on acts that are against the person or the community (focuses on individual or the social dimensions)
85
What is one of the main principals of indigenious laws?
* When punishment is being considered or received, the individuals past, relationships, and history tend to be considered and the idea of personal accountablity is promoted
