deviance + crime Flashcards
what is a crime?
an act that violates criminal law and is punishable through the law
in criminal law, who declares itself as the injured party?
the state
how are crimes legally defined in canada?
criminal code
what two things are needed for a person to be convicted of a criminal offence?
actus reus and mens rea
what is the actus reus?
a particular events or state of affairs was ‘caused’ by the accused person
what is the mens rea?
the condct was accompanied by a state of mind with an intent for harm / to kill
what are factors that affect the crime rate?
- report sensitive
- policing sensitive
- definition sensitive
- media sensitive
- real trends
what are report sensitive crimes?
stuff that isn’t reported, it is a sensitive thing (SA and domestic abuse
what are policing sensitive crimes?
Some crimes they won’t respond to, some they will, depends on severity or what they deem appropriate
what are definition sensitive crimes?
ex. sexual assault: changed the law in 1983
Women previously couldn’t have come forward for rape if it was their husband
Added new things in the law ie: unwanted touching
what are media sensitive crimes?
ex. elderly abuse: media started reporting and now there was an interest
People saw it become a problem and were aware of it and could now recognize and start reporting it more
what is the real trends crime swap?
one crime goes down because another goes up
what makes crime a social construct?
- there are no universally condemned acts
- what is considered to be a crime changes over time
- distinction between criminal and non-criminal is sometimes ambiguous
consensus theory is the same as what other kind of theory?
structural functionalism
who do consensus theorists believe constructs the laws on crime?
the people. there is a consensus in society about what is criminal
what is the problem with consensus theory?
everyone has a consensus on violent crimes like murder, but when it comes to prostitution, sex work, and drugs, is that criminal?
what do structural functionalists believe when it comes to what is criminal?
good for all all to agree on what is criminal = more societal stability
structural functionalism comes from who’s theory?
darwin
durkheim believed that crime was normal because?
no society was free of crime
some crime was functional because it increased social cohesion
what three things make crime functional?
- criminal courts are spectacles
- if we went into criminal court, we will see how someone who has been given harsh sentence gets rightful punishment / sentence
- reaffirm social value, have a just society
- promote social cohesion - system processing of crime allows for societal change (improved function)
- it evolves (change laws)
- our societal functioning can improve because things can change (weed now legal) - crime employs people
- police officers, social workers, psychologists, criminologists
what do critical theorists believe about who constructs the laws on crime?
there is no consensus on what should / should not be criminal
laws are the result of a political process: the elites of society determine what should and should not be criminal to keep “common people” under control
what are marxist conflict perspectives on crime?
conflict is rooted in the very structure of capitalist society
- superfluous behavior (rioting) needs to be controlled -> develop lows and procedures to deal with externalities of capitalist
marxists focus on the relations between? how did this affect people at the political, economic, and legal levels?
crime and social arrangements in society:
- political (people drafted to war, did not want to go)
- economic (the hippies: did not want to work, wanted more freedom, how do we manage)
- legal structures (access to money, good lawyers)
how is it believed that socio-economic status influences criminal behavior?
historically, lower class have been seen as responsible for crime: they are people at the margins of society, unemployed, in poverty, little education, government dependent