Final Push of Class

Question 1

What are the 3 basic premises of Symbolic Interactionism?

Answer 1

1. People act according to objects in their lives and the meanings those objects have for them.
2. These meaning emerge from interactions among people.
3. Meanings are applied and occassionally modified.
   -> Came from Chicago School -> environment causes criminality.

Question 2

What is Howard Beckers view on deviance?

Answer 2

deviance is not a quality of the act a person commits, but rather a consequence of the application by others of rules and sanctions to an “offender”
It is only when those in power apply a label to that behaviour that it becomes criminal.
Example:
- “…the act of injecting heroin into a vein is not inherently deviant.”
- If a nurse gives the patient drugs under a doctor’s orders, it is perfectly proper. It is when it is done in a way that is not publicly defined as proper that it becomes deviant.”
- eg a police car in a police chase, speeding after a car speeding trying to get away is not deviant, but the car trying to get away is deviant.

Question 3

What is Cooley’s “Looking Glass Self?”

Answer 3

• Cooley originated the idea of the Looking Glass Self
  
  • Central to his concept of identity
  • Consists of three elements
    
    • How actors imagine who they appear to others
      → we are constantly monitoring our context/place for clues and cues
    • How actors believe others judge their appearance
    • How actors develop feelings of shame or pride based on these perceptions
      
      • These feelings then guide conduct.
        Three Components

1. We imagine how we appear to others in social
2. We imagine and react to what we feel
3. We develop a sense of self through the perceived judgment of others.
   - We understand ourselves by considering what others think and drawing conclusions from those thoughts.

Question 4

What is Social Reaction Theory: Labelling?

Answer 4

• Edwin Lemert - Social Pathology
• Why do some people develop a criminal career?
• Primary Deviation
  
  • Everyone commits deviant acts
    
    • eg stuff where you wake up and you’re like I can’t believe I did that
  • Prompts no change in master status.
• Labelling theorists are not concerned with the criminal act, but with the application of a label to that act.
  Those kids who get labelled as troublemakers (by authority figures) then take on that identity → people label them as not good at school, a troublemaker, so they start to see themselves that way.
  People who are labelled as bad kids are labelled as such, and when they are caught doing something “bad” it confirms that label.
• Secondary Deviation
  
  • Patterned deviance
  • Development of a deviant identity
    
    • because its being reflected back to them: eg. when Bob can’t hang out with Jimmy and Jimmy asks why, Bob says, “my parents say you’re a troublemaker”
  • Integrated into concept of self
  • Realignment of self concept
    
    • then has an impact on who you associate with
  • Association with deviant groups

Question 5

What was Lemert’s Errant Student?

Answer 5

• A child plays a prank in class and is admonished by their teacher
• Later the child accidently causes another disturbance and is admonished once again.
• Because the individual has caused repeated disturbances, the teacher begins to refer to them as “trouble maker”
• The child becomes resentful of the label and may act out in consequence – fulfilling the role others expect
  
  • Especially if there is a certain status among a group of peers that play that role
• This group of peers form their subculture where deviant b/h is not only encouraged, but expected

Question 6

What is the impact of groups on Secondary Deviation?

Answer 6

• Individuals who become part of a deviant group as a result of labelling:
  
  • Makes being deviant easier
  • Find like situated individuals
  • Acquire rationalizations

Question 7

If we know the impacts of labels, what are the criminal justice policy implications?

Answer 7

• Interactionism centres on what happens to criminals once their deviant activities commence.
• Some groups or individuals have power to force the deviant label on the less powerful
• The deviance is not a quality of an act, but a label.
• Primary deviance → initial act of rule breaking that isn’t responded to
• Secondary deviance → what happens once a person is labelled and how they act after receiving this label → you come to see yourself as that label.
• We could emphasize rehabilitation → within the CJS
• We could redefine what it means to be a criminal.
• Becker and others: we ought to define deviance up.
  
  • Eg. shoplifting is sth that is really minor on the continuum of criminality
  • when it comes to these minor forms of crime and criminality we should not respond to them by criminal label.
  • we do not want thee ppl who are first time, not serious offenders to be criminalized and have that effect their whole lives.

Question 8

What are the criminal justice implications of social reaction theory – especially among young people?

Answer 8

• Defining Deviance Up: Diversion
  
  • argues CJS does the opposite of what it is intended to do → causes crime → by putting first time offenders in the CJS for minor crime and criminality → it will have an impact on that individual’s identity and where they go in their lives
  • diversion diverts the criminal out of the criminal justice system
  • eg. person gets charged by the police, then given conditional discharge → eg. if they do 20 hrs community service, write a letter of apology, they will not get a criminal record → will avoid the CJS
  • aka Post Charge Diversion
  • critics argue this still has an impact on people’s lives → people know when someone is arrested.
  • pre-charge diversion → give them a warning instead of arresting them → eg. make them write a letter of apology and 10 hrs of community service
    
    • If you don’t do it the charge is reinstated and you go through the CJS

Question 9

Strain Theories relates crime to what?

Answer 9

variables such as cultural goals and the access to opportunities provided by society.

Question 10

What is the central concept in interactionist theories of crime?

Answer 10

the deviant career, or the passage of an individual through the stages of one or more related deviant identities.
- This idea is at the heart of labelling theory, which explains how the social response to initial, tentative acts of deviance can move a person (not always willingly) towards a deviant identity and a deviant career.

Question 11

What is Labelling Theory?

Answer 11

according to labelling theory, deviance is a quality not of the act but of the label that others attach to it. This raises the question of who applies the label and who is labelled. The application of a label and the response of others to the label may result in a person becoming committed to a deviant identity.
- But some deviants escape public detection of their behaviour. Some who have not deviated are nonetheless labelled as having done so, despite their protests to the contrary.

Question 12

What does a career mean in terms of deviance?

Answer 12

a career, be it in deviance or in a legitimate occupation, is the passage of an individual through recognized stages in one or more related identities.

Question 13

What did Sampson and Laub find about crime?

Answer 13

• found that crime declined with age sooner or later for all the offender groups they studied.
  
  • Within that pattern, however, Short (1990) noted that careers in youth crime are likely to be prolonged after certain turning points have been reached.
  • One of these turning points is an early interest in delinquent activities; another is an interest in drugs.
  • The inability to find legitimate employment, a career contingency, also contributes to continued criminality.
  • Type of offence has been found unrelated to length of career in youth crime.

Question 14

What two important concepts did Lemert contribute to the study of deviant careers?

Answer 14

primary deviation and secondary deviation.

Question 15

What is Lemert’s “Primary Deviation?”

Answer 15

• occurs when an individual commits deviant acts but fails to adopt a primary self-identity as a deviant.
  
  • produces little change in one’s everyday routine or lifestyle.
  • the individual engages in deviance infrequently, has few compunctions about it, and encounters few practical problems when performing it.
  • eg. a person who out of curiosity occasionally takes an opiod drug supplied by sb else exemplifies primary deviation.
    Few young people have strong value comittment to deviant norms and identities; instead they drift (a psychological state of weak normative attachment to either deviant or conventional ways) between the world of respectability and that of deviance.
• During the primary deviation stages of a deviant career, young offenders and young adults drift, in part bc they lack the value commitment to either conventional or deviant values.

Question 16

What is Lemert’s “Secondary Deviation”?

Answer 16

occurs when an individual accepts the label of deviant. The result is adoption of deviant self-identity that confirms and stabilizes the deviant lifestyle.
- Much human behaviour is situationally oriented and geared to meeting the many and shifting claims which others .

Question 17

What are Moral Rhetorics?

Answer 17

in the study of crime, this is the set of claims and assertions deviants make to justify their deviant behaviour. The moral rhetoric of a group is an important component of socialization into a deviant identity.
- Each rhetoric consists of a set of largely taken-for-granted guiding principles, sometimes logically inconsistent and always electively applied according to the social situations in which youths find themselves.

Question 18

What is Stigma?

Answer 18

• As used by Erving Goffman (1922-82), a personal characteristic that is negatively evaluated by others and thus distorts and discredits the public identity of the individual. For example, a prison record may become a stigmatized attribute. The stigma may lead to the adoption of a self-identity that incorporates the negative social evaluation.
  
  • a black mark, or disgrace, associated with a deviant identity.
  • it is a collective construction by agents of social control, and by ordinary members of the community, of the supposed nature of the unlawful act and the person perpetrating it.
  • Goffinman (1986) and Phelan (2001): the collective image of stigma is constructed from social, physical, or psychological attributes the deviant is believed to possess.

Question 19

Who are Agents of Social Control?

Answer 19

• Those members of society who help check deviant behaviour are known as agents of social control.
  
  • Includes the police, judges, lawmakers, prison personnel, probation and parole officers, and ordinary citizens with an active interest in maintaining law and order as they define it.

Question 20

Who are ‘Moral Entrepreneurs”?

Answer 20

Someone who defines new rules and laws or who advocates stricter enforcement of existing laws. Often such entrepreneurs have a financial or organizational interest in particular definitions or applications of law.
- Rule creator and rule enforcer.
- prototype of the rule creator, according to Becker, is the crusading reformer, whose dissatisfaction with existing rules is acute and therefore campaigns for legal change and sometimes for attitudinal change intended to lead to “proper” behaviour.
- moral entrepreneurs also enforce legislated rules, applying them to people who misbehave.
- Application of the label of deviance is sometimes biased.

Question 21

When does Deviance become Secondary?

Answer 21

• Deviation becomes secondary when deviants see that their behaviour has substantially modified their ways of living.
• Accusations of deviance are typically the most influential factor behind the redefinition of one’s deviant activities.
• By labelled by the authorities as a murderer, rapist, prostitute, or cheque forger and being sanctioned for such behaviour forces the deviant to change his or her lifestyle drastically.
• so can feelings of guilt but accusations or deviance are typically most influential.
  Lemert (1072): “this secondary deviant… is a person whose life and identity are organized around the facts of deviance.”

Question 22

What is Master Status and what is its role in Secondary Deviance?

Answer 22

Among the factors leading to secondary deviation is society’s tendency to treat someone’s criminality as a master status (Becker) - a status overriding all others in perceived importance. Whatever other personal or social qualities individuals possess, they are judged primarily by this one attribute. Criminal exemplifies a master status that influences the communities identification of an individual.
- Lack of success in attaining respectability among nondeviants, or a perceived low probability of achieving it, may lead to interaction with other deviants.
- Becker: individuals who gain entrance to a deviant group often learn from that group how to cope with the problems associated with their deviance.
- makes being a deviant easier.
- Furthermore, the deviant acquires rationalizations for his or her values, attitudes, and behaviours, which come to full bloom in the organized group.
- The amount of interaction between individuals suspected of deviant behaviour and agents of social control, and the forms these interactions take, are extremely important for the future course of a deviant career.
- In fact, such interactions constitute a major set of deviant career contingencies.

Question 23

What is a “Career Contingencies”

Answer 23

• an unintended event, process or situation that occurs by chance, beyond the control of the person pursing the career.
  
  • Career contingencies emanate from changes in the deviant’s environment or personal circumstances, or both.
• Cohen (1965): Alter (the agents of social control) responds to the action of ego (the deviant).
  
  • Ego, in turn, responds to alter’s reaction. Alter then responds to his perception of ego’s reaction of him; and so forth.

Question 24

What is “continuance commitment?”

Answer 24

Another prominent contingency in secondary deviation is continuance commitment.
- aka adherence to a criminal or other identity arising from the unattractiveness or unavailability of alternate lifestyles.
- Continuance commitment helps explain a person’s involvement in a deviant identity.
- continuance commitment explains the identity by describing the penalties accrued from renouncing the deviant identity and trying to adopt a conventional identity.
- Eg. Stebbins study of male, nonprofessional property offenders in Newfoundland revealed a number of commitment-related penalties of both types.
- Being ex-offenders with prison records, the men in the study had difficulty finding jobs within their range of personally acceptable alternatives. The work they found was onerous, low in pay, and low in prestige.
- Many men had amassed sizable debts before going to prison, which upon release tended to discourage return to a conventional livelihood.
- The man with a criminal record was often inclined to seek the company of those who understood him best—other criminals—and to seek the way of life that afforded him at least some money and excitement—crime.

Question 25

When does Continuance Commitment develop?

Answer 25

• Once a prison record has been acquired, after several years of secondary deviation, continuance commitment develops.
  
  • Most deviants in this stage of their moral careers appear to be trapped in a self-degrading form of continuance commitment.
• Some criminals, including professional offenders, are quite attached to their deviant activities: bc they find leaving crime for a conventional way of life no easier than it is for the nonprofessional offender, they are also comitted to deviance.
  
  • Theirs, however is self-enhancing comittment.
    
    • For these professional criminals, continuance commitment is of little consequence; they enjoy what they do and are disinclined to abandon it

Question 26

What is the Self-Enhancing Reaction to Commitment?

Answer 26

Comittment leading to a better opinion of oneself.

Question 27

What is the Self-Degrading Reaction to Commitment?

Answer 27

• Commitment leading to a poorer opinion of oneself.
  
  • an individual committed to an identity in this manner has numerous alternatives.
  • ppl motivated by self-degrading commitment have the objective alternative of redefining the values and penalties associated with their committed identity, such that they become attached to them.
    
    • which laters their perception of the balance of penalties.
  • Without really switching to a form of self-enhancing commitment, it is possible for some deviants to adjust psychologically to a self-degrading commitment.
• Depends on how strong a motivating force the current state of self-degrading commitment actually is for them.
• Certain types of mildly rejected deviants seems to manage this form of adaptation.
• Lemert refers to them as “adjusted pathological deviants” . → successful adjustment apparently depends in part on the availability of a role for them to play in the community.
• Lemert: “self-defeating and self-perpetuating deviance” → alcoholism, drug addiction, and systematic cheque forgery as examples of this sort of vicious cycle of cause and effect, characterized by an almost complete absence of durable pleasure for those involved.
• Finally, if the desire to escape self-degrading commitment is exceptionally strong, and if none of the alternatives mentioned so far appeals to the commited individual, suicide becomes a prominent alternative.

Question 28

What does Matza say about deviant careers?

Answer 28

• delinquents generally end their deviant careers at maturation, with few continuing on to adult crime.
  
  • Wolfgang, Thornbery and Figlio found that many adult criminals mature out of their antisocial way.
  • Even deviants who are attached to their way of life often experience disillusionment and shifts of interest, which is what maturation means in everyday terms in the world of crime.

Question 29

What two areas of interactionist theory can be seen as contributions to the study of socialization into crime?

Answer 29

the processes of differential association and acquisition of a criminal identity.

Question 30

What is Criminal Identity?

Answer 30

this social category, imposed by a community correctly or incorrectly defines an individual as a particular type of criminal. The identity pervasively shapes his or her social interactions with others. Similar to master status.

Question 31

What is Differential Association?

Answer 31

developed by Edwin Sutherland in 1930s this theory argues that crime, like any social behaviour, is learned in association with others. If individuals regularly associate with criminals in relative isolation from law-abiding citizens, they are more likely to engage in crime. They learn relevant skills for committing crime and ideas for justifying and normalizing it

Question 32

What are the 9 propositions describing the complicated patterns of interaction that Sutherland called Differential Association?

Answer 32

1. People learn how to engage in crime.
2. This learning comes about through interaction with others who have already learned criminal ways.
3. The learning occurs in small, face-to-face groups.
4. What is learned is criminal technique, motives, attitudes and rationalizations.
5. Among criminals, one important learned attitude is disregard for the community’s legal code.
6. One acquires this attitude by differentially associating with those who hold it and failing to associate with those who do not.
7. Differential associations with criminals and noncriminals vary in frequency, duration, priority, and intensity.
8. Learning criminal behaviour through differential associations rests on the same principles as learning any other kind of behaviour.
9. Criminal behaviour is a response to the same cultural needs and values as noncriminal behaviour.
   
   • consequently, tying societal needs and values to crime fails to explain it.
     - Also, differential association is often a major antecedent in the use of addictive drugs and dependence on alcohol. It may even play an explanatory role in some mental disorders.
     - However, many other factors, which dilute the importance of differential association, must be considered when explaining such behaviour.

Question 33

According to Birkbeck and LaFree another set of factors for deviance?

Answer 33

• Symbolic interactionism, they note, further aids our understanding of crime by directing attention to the motives and meanings operating in the situations in which crimes are committed.
• Eg. Katz found that the expressive reasons behind many criminal acts (eg. thrill, enjoyment) are as important as the instrumental reasons (eg. money, status).

Question 34

What is the major contribution of differential association?

Answer 34

• The major contribution of differential association is that it has highlighted the importance during the criminal career of ties to deviant peers.
• There is a lot of research evidence showing that having young offenders as friends is one of the strongest correlates of deviant behaviour.
  
  • among at-risk youth, gang membership contributes to delinquency above and beyond the influence of associating with deviant peers

Question 35

What are the two sides of the process of identification of an individual as deviant?

Answer 35

• Based on a variety of criteria (eg. appearance, actions, associates, location), members of the community come to view someone as a particular kind of criminal.
• Community identification of people tends to be highly persuasive, even for deviants.
  
  • That is, with officials, neighbours, relatives, and others asserting these people are outlaws, it becomes increasingly difficult for them to deny the charge.
• Acquiring a community reputation, or identity, for unsavoury behaviour often furthers individual criminality.
  
  • Especially likely when the reputed criminal is forced into association with others of similar status and away from those who are “respectable”.

Question 36

How can Labelling Theory by summarized?

Answer 36

• Lemert, Becker
• Primary deviance is infrequent deviance that involves little change in routine or lifestyle. Secondary deviance occurs when deviance becomes a way of life and a part of the deviant’s self-image.

Question 37

How can Differential Association be summarized?

Answer 37

• Sutherland
• Crime and delinquency are primarily learned in interaction with others in small, face-to-face groups. This involves learning techniques of deviance and justifications for it.

Question 38

What are the two interactionist theories?

Answer 38

• Labelling theory by Lemert and Becker
• Differential Association by Sutherland

Question 39

what is Ethno-Methodological theory?

Answer 39

Ethno-methodology theory was pioneered by Harold Garfinkel. The term means the study of people’s practices or methods. This perspective does not see the social world as an objective reality, but as something people constantly build and rebuild through their thoughts and actions. Ethno-methodologists try to uncover the methods and practices people use to create their taken-for-granted world.

Question 40

What is the Ethno-Methodology view on deviance?

Answer 40

• deviance and the deviant are not independent of the ways people socially construct the meaning of the situations in which they find themselves in daily life.
• The work of these ppl has led to an understanding of how deviant labels and categories are created and applied through three key processes: interpretation, typification, and negotiation.
  
  • Thus, the qualities and attributes of particular individuals become lost or distorted as they are located by other people (eg. bystanders, agents of social control) in the context of a certain category of deviance.
  • Their behaviour and identity come to represent that category of deviance, and that category in turn becomes an explanation for the behaviour or identity in question.
• Study how agents of social control and ordinary citizens make sense of deviants and deviant acts.
  
  • The important data for ethno-methodolgists are the clues ppl use to identify kinds of deviants and deviant acts.

Question 41

Biggest Implications of Interactionist Theory?

Answer 41

• Most profound implication of interactionist theory is that it offers a unique perspective on deviance, one that enhances understanding of this phenomenon.
• Interactionist theory stresses the damaging effects of the deviant label.
  
  • The effects are if at least 2 types:
    
    • the label makes re-entry into the community problematic.
    • labels colour the judgements many people make of those who are labelled.
      
      • labels are stereotyped images.
      • Both the images and the labels help nondeviants, including practitioners, define situations involving deviants.
• Interactionist theory calls attention to the deviant career as a process that helps explain deviance beyond its initial causes.
• One antidote to initial or continued deviance is to give people every possible opportunity to build strong side bets in “respectable pursuits.”
  
  • Juveniles and adult ex-offenders should be encouraged to drift towards conventional interests.

Question 42

What is interactionist theory’s implications for juvenile offenders?

Answer 42

continuance commitment to deviance among juveniles should be eschewed by avoiding the official label of criminal.

Question 43

What is the goal of Integrated Offender Management?

Answer 43

• Reduce criminal activity in Edmonton by influencing behaviour change, away from crime, in prolific and persistent offenders
  
  • Positive relationship building with offenders
  • Integration with community stakeholders to provide
  • Focused intervention with arrests, charges, and prosecution

Question 44

What are Prolific Offenders?

Answer 44

→ like one bender → a lot of damage at one time → eg breaking all the car windows on Whyte

Question 45

What are Persistent Offenders?

Answer 45

→ throughout their life

Question 46

What does the Operation OM look like?

Answer 46

• Carrot and Stick model
• Connecting offender/clients to community agencies, pro-social support, and address their unmet needs
• Case management
• Accountability for the offender
  
  • Surveillance
    
    • eg. for sex offenders → to see what is happening and to stop it before it happens
    • eg. traditional surveillance → police officers in unmarked cars following people or by foot
    • Non-traditional: google, social media, drones
    • drones need authorization to survielle someone
  • Warnings
  • Criminal Charges
  • Show Cause / Sentencing packages

Question 47

Who is Selected by OM?

Answer 47

• Offenders identified and selected by Identification and Selection Unit
• UCR Scores
  
  • each criminal offence that is committed has its own number attached to it → its severity weight
  • eg. break and enter as a 7
• Aggregate Harm score is comprised of recency, severity, and frequency in their offending, as well as their placement amongst a social network group.
  
  • Higher the score, the more likely they are to be matched/caught
• Based on recent, relevant history, offenders that ISU selects are at a high risk to reoffend.

Question 48

How does OM work?

Answer 48

• Relationship/Rapport Building
  
  • Behaviour Influence Stairway Model (Vecchi, Van Hasselt and Romano, 2005)
  → treat ppl like ppl and they will respond
• Effective Behaviour Change Strategy
  
  • PITSE Model (IOMI, 2017)
  • Risk Need Responsivity (Andrews and Bonta, 2010)
• Active listening → seeking to understand where that person is coming from instead of trying to change them or seeking to respond

Question 49

What is the Behavioural Influence Stairway Model?

Answer 49

• Starts with active listening skills → with genuine empathy → rapport → influence → behavioural change
• Once that empathy is demonstrated, that is when rapport starts happening (where they feel kind of safe or understood by you) → you start telling them you will do your best to help them, get them out of that life → where influence starts happening → stop them from engaging in those prosocial behaviours.
  
  • Eg. someone paying for sth little after stealing things forever
• Active listening -> showing genuine empathy -> support

Question 50

What are active listening skills used in OM?

Answer 50

1. Open Ended Questions
2. Mirror / Reflect
3. Paraphrase
4. Summarize
   - Questions to Ask
   
   • What happened?
   • How did you get here?
   • When did it go sideways?
   • What do you need?
   • (use “Why” very sparingly)
   → AKA MORE PIES
   • M - minimal encouragers
   • O - open-ended questions
   • R - reflecting/mirroring
   • E - emotional labelling
   • P - paraphrasing
   • I - “I” statement
   • E - effective pauses
   • S - summary

Question 51

What is Risk Need Responsitivity (Andrews, Bonta, and Hoge, 1990)

Answer 51

• Risk
  
  • Level of service must be proportionate to Level of Risk to reoffend
  • refers to risk to reoffend
  • have to tailor what we’re doing to match that intensity to reoffend
    
    • if increased risk that ppl will reoffend, we need to increase our connection to them
    • if we intervene with people who are doing well, it can increase their risk of doing crime
• Need
  
  • Service providers target and address crimogenic needs to reduce an offender’s risk to reoffend. (Basic vs. Criminogenic)
    
    • want to address the needs that are out there that make you commit crime and basic needs as well
• Responsivity
  
  • We must provide our services in a way that:
    
    • Meets the offender where they are
    • Are tailored to address offender-specific conditions
    • need to give you the stuff you need in the way you can take it
      
      • eg. many of the ppl she met were functionally illiterate → could get them to sign things but they were not actually able to comprehend the documents in front of them
    • eg. ask them how they are with reading and writing and then go over the document together with them

Question 52

What is the Offender Management Continuum (PITSE)?

Answer 52

• Used to help shape and offender’s motivation for change
  → Continuum:
• Pro-social
  
  • Prevention
  • Intervention
  • Targeting (ISU)
• Anti social
  
  • Suppression
  • Enforcement
• An offender/client runs the span of this continuum all the time - sometimes all areas can be visited in one day. The longer an individual stays in one area of the continuum, the more committed they are to their behaviour in that area.
• An offender that hits all areas of the continuum in a short amount of time is often in a spiral of self-destructive behaviour, indicative of high risk to reoffend.
• Some offenders and offender/clients will never move from the suppression and enforcement points.
• Some offender/clients will change their behaviour toward the Prevention end of the spectrum with involvement from IOM Detectives.
• The intervention and Suppression phases are the most common in IOM.
• Only time enact surveillance is when there is reason to believe someone is starting to slide downhill → and tell them → “if you’re not doing anything bad, then we’ll stop watching you, but if you are doing bad things, we’ll get you”
• eg. Devon → sexual assaulted by family members → went to live on the streets when he was 12 → had street creed due to his car stealing and selling ring → led to him being shot, stabbed, etc → crime free now

Question 53

According to the Risk Need Responsivity model, what do we do in terms of different risks to reoffend?

Answer 53

• Is it decreasing?
  
  • Direct them toward social or natural supports
  • Reduce level of police involvement
• Is it increasing?
  
  • Increase intensity of police involvement
  • Begin suppression (warning)
  • Enact enforcement
    
    • Return to jail = time out

Question 54

What does Risk look like in terms of OM?

Answer 54

• Offender begins to show signs in deterioration of prosocial behaviour.
  
  • Loss of stability (housing, income)
  • FTA social agency appointments, probation appointments
  • Lying to professional or anyone in authority
  • Loss of employment / education opportunities
  • Subject/suspect/AC in call for service
  • Substance use
    
    • will start using durgs
  • Conflict with domestic partner, family members
    
    • bc they feel hopeless

→ Eg. sex offenders being released who are likely to reoffend → when sb is at the end of their sentence, it doesn’t matter if they are rehabilitation or not → they are released.

• the correctional services of Canada will risk assess him but he still is coming out → the best they can do is warn people → bc once you’re done your sentence, you’re done.

Question 55

Risk looks like what?

Answer 55

• Hostile, defensive toward offender manager
• Risk-taking, reckless behaviour that harms them or others
• new criminal charges (substantive or administrative)
• “Chilling” - couch surfing + drugs + video games
• Minimizing criminal behaviour
• Problematic gambling
• Physical and verbal conflicts

Question 56

The opposite of addiction is what?

Answer 56

Connection, not sobriety.
-> find them interests, connections to move towards pro-social behaviour.

Question 57

What are the Central 8 Criminogenic Areas? (Andrews and Bonta, 2010)

Answer 57

• Big Four
  
  • History of antisocial behaviour
  • Antisocial Behaviour Pattern
  • Antisocial Cognition
  • Antisocial Associates
  → influenced by our RELATIONSHIP with the offender
• Moderate 4:
  
  • Family/marital circumstance
  • School / work
  • Leisure / Recreation
  • Substance Abuse
  → influenced by our ACTIONS and COMMUNITY SERVICE INVOLVEMENT

Question 58

What does Responsivity refer to?

Answer 58

• Basic Repsonsivity
  
  • Meet them where they’re at
    
    • In institution
    • In community
• Specific Responsivity
  
  • Culture
  • Language
  • Crime type
  • Gender
  • Literacy
    
    • just bc sb is functionally literate but illiterate does not mean they don’t have the capacity
  • Capacity
  • Poverty

Question 59

How do we know IOM/Risk Need Responsivity Model is working?

Answer 59

• Capture and Measure Behaviour change
  
  • LS/CMI
  • 9 Behaviour Indicators

Question 60

Results in IOM?

Answer 60

• Decrease in antisocial associates
• Huge increase in documented discussion surrounding housing

Question 61

Key Takeaways of IOM?

Answer 61

• IOM sweet spot in case management = 10 months
• Enforcement is a key proponent of desistance and PandP offender’s crime
• Navigation services in concert with enforcement reduces harm more significantly than enforcement alone
• Transportation is a key responsivity factor
• need to be able to get to your appointments

Question 62

What does Critical Criminology do?

Answer 62

• Inspired by promises of “freedom” and “justice”, critical criminology draws attention to hidden and overlooked injustices scattered throughout our world.
• Critical criminology:
  
  • attempts to highlight inequalities, discrimination, and suffering and to relate these to the discipline of criminology.
  • attends to the processes through which the social world restricts human freedom and choice.
• Hogeveen and Woolford (2206) maintain that critique should not fall into the trap of conceiving of programs that work well within the existing criminals justice system; instead, critical criminologists should extend critique and thought beyond these limits.
• Critical criminologists, then, practice a transformative brand of critique that confronts inequalities and social suffering with promises of more just outcomes.

Question 63

In recent years what have critical criminologists called for?

Answer 63

• In recent years, drawing on the insights of philosophers such as Michel Foucault, Pierre Bordieu, Jacques Derrida, and Giorgio Agamben (among others), critical criminologists have called for an approach that goes beyond judgement.
  
  • Instead of employing one or another yardstick by which to judge the success or failure of criminal justice policies, these scholars employ an art of critique that involves destabilizing seemingly well-anchored relations in an effort to form new patterns of being that do not pander to established social logics or rely on reactive judgments (Hogeveen and Woolford 2006)
• A nonjudgmental critical criminology would not render judgements about existing policies, programs, institutions, or societal structures.
  
  • Rather, it would suggest “other” (just) ways of being in the world. “It would summon them, drag them from their sleep. Perhaps it would invert them sometimes—all the better” (Foucault, 1997).
• Critical criminological critique attempts to move beyond complicity in government intrusions into the lives of the least powerful.
  
  • It DOES NOT seek ways to better manage the poor and dangerous classes.
  • It promises justice to those who are marginalized and discriminated against.
  • → Justice through emancipation.

Question 64

When was Critical Criminology brought about in English Canada?

Answer 64

• Was invigorated in 1973 with the publication of The New Criminology by British criminologists Ian Taylor, Paul Walton, and Jock Young.
• They recommended a “fully social” criminology that:
  1. understands crime within its wider socio-cultural context.
  2. … examines the structural and political-economic dimensions that produce criminal behaviour.
  3. … probes the relationship between crime and the prevailing mode of production (Crime occurs within societies defined by specific systems of economic production. )
  4. …questions the role of power and conflict in shaping crime and criminal justice. (criminologists must no simply accept state-defined crime as a given)
  5…engages in a materialist analysis of the development of law in capitalist societies. (see notes: gambling in private club is illegal but not in gov’t-run casino)
  6. …takes a dialectical approach to analyzing how individuals both influence and are influenced by dominant social structures.

Question 65

What is difficult about Critical Criminology?

Answer 65

• The growing eclecticism of critical criminology has produced a group of scholars who are difficult to unify under a single label.
  
  • Initially, a key rift developed between two groups defined as “left realists” and “left idealists” (Young 1979).
  • Left idealists were said to begin their inquiry into crime from abstract premises (eg. Marxist theory) rather than empirical work. → for this they were criticized by realists for minimizing the harm that crime causes to the working class and for romanticizing criminals as a potentially revolutionary force.
  • In contrast, left realists worked through local surveys of crime and victimization to try to move beyond partial criminological understandings, which typically focused only on one aspect of crime: the offender, the state, the public, or the victim.
    
    • Their objective was to take the fear of crime among the working classes seriously and to answer and oppose the work of “right realists,” who under the Thatcher, Reagan, and Mulroney governments had spread the popularity of punitive sanctions and administrative approaches.

Question 66

What was Foucault’s “Governmentality”?

Answer 66

The art of governing. It transcends and is considerably broader than the traditional understanding of government as a state-directed activity. Government, then, encompasses a wide array of techniques, within and outside of the state, intended to (re)shape and (re)direct human actions.

Question 67

What is Foucault’s work on power?

Answer 67

• Foucault is heralded for his work on power, which he thinks extends beyond the state. It is not a quantity to hold or possess. It is, rather, relational such that power is only ever evident in its exercise.
  
  • only evident when it is exercised.
  • For Foucault, money becomes power only when it is used or otherwise put into effect.
• A further characteristics of the Foucauldian notion of power is that it is not solely negative or repressive.
  
  • positive theory of power: not in terms of good or beneficial, but rather as creative.
  • He argues, that “we must cease once and for all to describe the effects of power in its negative terms… in fact power produces; it produces reality; it produces domains of object and rituals of truth.”
  • Foucault encouraged scholars to focus on what is created when power is exercised.
• A 3rd characteristic of the Foucauldian understanding of power is the emphasis he placed on micro-powers that are disseminated throughout the social world.
  
  • micro powers - small and mundane relations of governance, with an appreciable effect on human behaviour.
  • It seems that power is perpetually influencing our behaviour, often without our awareness.
  • Eg. traffic lights, signs, painted lines, photo radar all affect how you drive.
• Foucault was convinced that to intimately understand the operation of power, we must shift our focus from the state to the dispersed spaces in which power operates. → Discipline.

Question 68

What is Discipline to Foucault?

Answer 68

• a meticulous manner or method of training. It intends to ensure constant subjection and obedience. It involves hierarchical observation, normalizing judgement, and examinations.
  
  • operates at the smallest level of detail and attends to the intricacies of human behaviour through the surveillance and observation of individual functioning so as to increase the efficiency and usefulness of human actions.
  • Eg. when you were learning how to write using a pencil. → teacher stood over you correcting your finger placement (surveillance) and correct your mistakes to make certain you used the implement in the most efficient manner possible (positive power).
  • The maximize the utilty of our bodies and to allow hierarchal control and correction, this meticulous exercise of power is infinitely multiplied throughout the social world.
  • disciplines requires that individuals be organized in space and time. eg. timetable from public school → structured not only our use of time but also the space we were to occupy at certain points in the day.

Question 69

What was Foucault’s work on discipline criticized for and how did he rectify these criticisms?

Answer 69

• Foucault’s analysis of discipline was criticized (a) for abandoning the state in its analysis and (b) for tending (supposedly) to characterize human subjects as “docile” (inactive) bodies rather than active agents.
  
  • Focault’s later work on governmentality addressed many of these concerns: For Focault, governmentality “must be allowed the very broad meaning which it had in the 16th century. Government did not refer only to political structures or the management of states; rather it designated the way in which the conduct of individuals or states might be directed; the government of children, of souls, of communities, of families, of the sick.”
  • Governmentality should address broad questions like “how to govern oneself, how to be governed, how to govern others, by whom the people will accept to be governed, and how to become the best possible governor”
    Governmentality, then, draws scholarly attention to mechanisms outside the traditional state governmental machinery that structure and contour human behaviour.

Question 70

What is Foucault’s greatest impact on Critical Criminology?

Answer 70

on scholars’ ability to understand how offenders’ lives are increasingly organized around questions of risk (the calculated probability of an eventuality).
- In the field of crime control, recent years have witnessed the emergence and proliferation of actuarial or “insurance”-based strategies of governance and control.
- It seems that Western criminal justice systems have become somewhat preoccupied with managing risks as police, probation, prisons, and halfway houses seek to minimize the likelihood of future offending.
- Foucauldian-inspired theorists distinguish the everyday usage of the term risk from how it is construed as an actuarial - refers to statistical calculations or risk across time and groups - (or insurance-based) technology
- Risk in actuarial terms - it indicates neither an “event nor a general kind of event occurring in reality, but a specific mode of treatment of certain events capable of occurring to a group of individuals.” (Ewald, 1991)
- Risk, then, is the calculated probability of an eventuality.

Question 71

Through Foucaldian povs how do events and populations become constituted as “actuarial” risks?

Answer 71

• Events (car accidents) and populations (males, females, the elderly) are not inherent risks but become constituted as “actuarial” risks through analysis and calculations of chance.
  
  • Risk understood from a Foucauldian perspective, then, is constituted in relation to the aggregation of events over time and regulated through techniques such as higher insurance rates designed to contend with individual risk factors.

Question 72

What is Simon’s view on risk-based technologies of governance?

Answer 72

• risk-based technologies of governance have become dominant largely because of their efficiency and their ability to intensify the effectiveness of disciplinary technologies.
  
  • Probabilistic calculation is particularly evident in the youth correctional field, where the Youth Level of Service/Case Management Inventory is employed.
  • Andrews and Bonta (1998) maintain that this tool is premised on the four principles of risk, needs, responsivity, and professional discretion.
    
    • risk principle reflects the contention that criminal behaviour occurs in predictable patterns.
    • Second, the needs principle implies that recidivism will be reduced through select targeting of criminogenic need through appropriate treatment programs.
    • Third, given that many juvenile offenders suffer from attention deficit hyperactivity disorder, fetal alcohol spectrum disorder, or oppositional defiant disorder, responsivity is crucial to any “successful” treatment option and refers to the need for service providers to deliver treatment programs in a manner that is consistent with and appropriate to the offender’s ability and learning style.
    • Finally, professional discretion “strategically reasserts the important of retaining professional judgment, provided that it is not used irresponsibly and is systematically monitored.

Question 73

Hannah-Moffat and Maurutto have found what in terms of risk and need in terms of risk-based governance?

Answer 73

that correctional officials and practitioners fail to conceptualize “the problems intrinsic to this kind of needs assessment and how a failure to distinguish between risk and need can result in increased surveillance of youth.”
- - The problems of risk-based governance are particularly troubling when applied to female and nonwhite populations.
- “female offenders are more often deemed higher risk because of their risk to themselves, whereas high-risk male offenders are more likely to pose a risk to others”.
- Risk assessment tools typically do not account for gender and cultural variation in offending and recidivism.
- Eg. the tests do not adequately capture histories of physical, mental or sexual abuse prevalent among female youth.
- Moreover, risk assessment tools do not adequately address the broader socio-cultural and colonial context of Indigenous youths (Hannah-Moffat and Shaw 2001).

Question 74

What is Beck’s concept of the “risk society”?

Answer 74

an emerging societal form characterized by the production and increased awareness of human-made “risks” such as nuclear destruction and environmental devastation. More importantly, the risk society is organized around the management of such risks.
- Beck suggests that today’s hazards are not forces outside of us; rather, they are internal creations, and their danger originates from our own decision making.
- Our technological development and scientific rationality have provided us with the tools to construct the means of our own destruction—nuclear power, environmental pollution, climate change, and an assortment of life-threatening chemicals, just to name a few dangers.
- Beck argues that we have not necessarily witnessed a quantitative increase in risk; rather, we have come to organize our societies more around the fact of risk.

Question 75

Beck’s “risk society” ppov comes to bear on critical criminology in what two ways?

Answer 75

• 1st: social problems have increasingly come to be understood as “risks” to be managed rather than social “problems” to be solved.
  
  • Along these lines, individuals are encouraged to become responsible for protecting themselves from opportunistic crimes through the techniques of “situational crime prevention”—eg by installing alarm systems in their homes or in their cars.
  • As well, “three strikes” laws, which impose long-term prison sentences after a third criminal violation, are justified under a risk management logic as a means for warehouse repeat offenders who are perceived to pose too great a threat to the general public.
• 2nd: Risk thinking transforms criminal justice practices.
  
  • risk management strategies infiltrate judicial, correctional, and law enforcement institutions, tasking criminal justice professionals with the collection of aggregated risk data and with administering risk assessment to their charges.
  • Eg. a modern police officer investigating a traffic incident. → today’s officer must gather information that is pertinent not only to the courts and police records, but also to the insurance companies, the public health system, provincial vehicle registries, and the automobile industry.
  • → takes an hour to report and even more time to write about it and for bureaucratically processing it.
• In alerting us of these broader social changes, the “risk society” thesis serves a critical criminological function by demonstrating the effects that broad society shifts towards increasing insecurity have on the ways we think about and react to matters of criminal justice.

Question 76

What are Jacques Derrida’s views on sovereignty and Deconstruction?

Answer 76

• argued for a more open and wide-ranging definition of sovereignty.
• Derrida attempted to open the concept of sovereignty to other ways of thinking and relating.
  
  • For him, sovereignty was intrinsic to each and all of us, insofar as the sovereign function is “anchored in a certain ability to do something” .
  • Derrida wanted to show that all language exceeds the boundaries of the taken for granted (eg. sovereignty).

Question 77

According to Jacques Derrida, what is Deconstruction?

Answer 77

• an opening up of seemingly closed “things”. It intends to encounter the hidden and excluded elements of language, meaning and experience.
  
  • attempts to reveal what is really going on in and through language.
  • “deconstruction is not a method or some tool that you apply to something from the outside.”
  • Deconstruction has to do with opening up given linguistic arrangements to the mostly silent background suppositions that give words and phrases their meanings.
  • What is unspoken in language is as important to determining meaning as what we hear from another.
  • Eg. for a promise to be such, the statement must have the potential of falling through.
  • Deconstruction attends closely to the unspoken elements that enable the central, or privileged, structure of a given meaning formation.

Question 78

According to Derrida, what underlies all language?

Answer 78

• a trace: the silent or absent element of language that provides words with an essential part of their meaning. (aka the mark of absence in words that is the necessary condition of thought and experience)
  
  • Can be likened to a footprint or a comet: when we observe a comet in the sky we are struck by the presence of the comet and/or tail. However, what is absent here is the comet’s nucleaus and essence, which is composed of rock and ice.
  • The same can be said of language. No element, no idiom, can function as a sign without at the same moment referring to another that is simply not present but that gives meaning to it.
• Opening language up to its silent constituents (the trace) is at destruction’s core.
  
  • See. eg. community under the youth criminal justice act
  • Eg. Pavlich (2005): “communities are identified—implicitly or explicitly—-by exclusion.”
  • Before declaring this a meaningless play of words, let us remember the repulsive consequences that may accrue when exuberance for and devotion to community has spilled over its limits: ethnic wars of annihilation have been waged, genocide has been carried out, and prisons have become overcrowded with the residues os such intolerance.

Question 79

What is one word that cannot be deconstructed according to Jacques Derrida?

Answer 79

• justice.
  
  • For Derrida, since it is perpetually deferred, justice cannot be defined adequately. It is not contained in or constrained by law. It is infinite. It is “to come”.
• We live in an era during which war, prison overcrowding, and vigilantism are justified in the name of justice.
• Eg. the US gov’t constructed Osama bin Laden as a moral monster and a lunatic for crime perpetrated on the US. All the while, the civilian and military death toll form the American campaign for “justice” in Iraq continued to mount.
• The costs in dollars and human life are spiralling out of control, while domestic atrocities and oppression are glossed over by a nation seeking justice.
  justice appears as a promise, beyond law, and is itself incalculable, infinite and undeconstructable”.

Question 80

how can the contemporary Critical Criminology study of Govermentality be summarized?

Answer 80

• Michel Foucault
• Understanding of power and governance should be broadly conceived. Power creates subjects in dispersed locations in accordance with preconceived and useful ends.

Question 81

How can the contemporary critical criminology theory of Actuarialism, Risk and the Risk Society be summarized?

Answer 81

• Foucault, Beck
  
  • Social problems are no longer considered issues requiring solutions, but risks to be managed. In the “risk society” eventualities can be calculated and thus managed. Risk of victimization can be mitigated in accordance with risk factors.

Question 82

How can the contemporary critical criminology theory of Deconstruction be summarized?

Answer 82

• Derrida
• Language is infinitely complex. Deconstruction attempts to uncover silences in discourse. Justice is an infinite promise.

Question 83

According to Gang Aftermath, what is the gang lifestyle?

Answer 83

• family is the gang
• kids as young as 9 and 10 being runners, kids as young as 13 doing drive-by shootings
• is about proving yourself and being solid
• violence → even joining the gang, you have to be jumped in
• sometimes go as far as beaten to death
• Hard life, nobody has their own space, crappy stuff in a shitty place
• Time in jail
• Gang unit roll up on you
• Play a character – be that character
• Being solid
• Can’t lead your own life
• No loyalty
• Death or life in prison

Question 84

Why do Indigenous youth join gangs?

Answer 84

• shame of growing up in poverty, pushed Derek away from his family and on to the street
• people treat them as outcasts → eg. teachers treat them as bad kids
• being titled as a “tough guy” etc at a young age, gives them a sense of power.
• bc they’re embarrassed of growing up
• it looks exciting/fun
• bc they want to be in power, in control, be respected
• eg. one person does it → then they all follow along
• sense of family, belonging → don’t like the rules at home, but gang has just as many
• family members are gang members,
• grew up in the life and wanted to be just like them,
• somebody to back their play (support and protection)
• broken and dysfunctional families (alcohol and violence)
• abuse history
• financial
• poverty
• something to do
• Inflict fear
• Power
• Too many rules at home

Question 85

What is the role of meaningful connections in Gang Aftermath?

Answer 85

• people in your life who will be there no matter what; someone who takes an interest in your life and is a mentor to you
• Derek → alcoholic mother and never knew his father → Rob took him under his wing
• if their friends were members of the gang, they followed them → go where the ppl that supported them were
• if their siblings were allowed in the gang, they would join it
• got ppl to throw in their shoes → they all agreed even those who said they were leaders
• siblings will follow their older siblings → your meaningful connections can get you in trouble
• Robert has become close to Dereck and tells him if he goes drinking he will not come pick him it, bc there’s no such thing as a social drink when you’re an alcoholic
  
  • will be there for him
• eg. Derek → his daughter and family were the meaningful connections he had.
  
  • also started to surround himself with people who would support and promote his transition from being a gang member
  • his attachment to Indigenous culture and elders → finding out who he was as an indigneous person in this world in ways of being knowing and taking pride in it.

Question 86

According to Gang Aftermath, why are most gang members male?

Answer 86

• bc they don’t have that father figure at home → eg. Derek → having the mum take off and not be there → have to take care of their younger siblings
• Do not have father figure at home (Derek tells story of having to raise his siblings)

Question 87

What is the role of identity in Gang Aftermath?

Answer 87

• pretty strong
• believing you’re in a brotherhood → inspires loyalty to that gang
• people will give up everything for their identity as a gang member → eg. daughters, girlfriends
• Eg. Rob teaching Dereck about family values and healthy lifestyle → Dereck has decided to train to gain custody of his daughter
• Think ppl are your friends bc you think they’ll back you up → gang becomes family → will do anything for family
• Chose gang over girlfriend – daughter
• Gang member till I die
• Many don’t know who they are – don’t have a sense of culture

Question 88

According to Gang Aftermath, what is the role of women in or around gangs?

Answer 88

• girlfriend’s to gang members carry around a lot of gang member’s anger
• there’s not women in the group, but there is a bunch that hang out with the guys.
• guys treat girls as “nothing but a mattress” → nothing but a doll, a piece of meat → sexual objects
• woman have to submit to their men → they have to satisfy them or else they could get beaten to death
• bodies getting used for drugs
• For sex and prostitution, as objects, no girls in the gang, but lots of girls around the gang, hard life
• Gang members are angry and you carry a lot of their anger

Question 89

In Gang Aftermath, the mother likens being in a gang to what?

Answer 89

• being thrown into a 12-foot hole without a ladder and telling the person to climb out
• It is nothing
• that’s why its so important to wrap these ppl with support → they don’t have the skills, opportunities to get jobs and stuff (eg. if they have been in gang life since 14-19 and missed critical years of school)

Question 90

According to Gang Aftermath, gangs create what for those who feel powerless and hopeless?

Answer 90

• a sense of power, community, a sense of respect
• a sense of hope for those who live with hopelessness

Question 91

What is the relationship between what was taken from Indigenous culture and gangs?

Answer 91

• residential schools → aboriginal youth taken from their families
• outlawing ceremonies → ceremonies provided a sense of belonging, identity and justice system and sense of community
  
  • When that was pulled out and teachings of residential schools was put in and unsuccessful
• These outlawed things are manifested now in gangs → sense of justice, ceremony, ritual, belonging, identity
• Ceremonies – gave a sense of belonging, ritual, community, justice
• Things pulled out are manifest in gangs: Ritual, ceremony, justice

Question 92

In Gang Aftermath, how did a gang member in prison describe the struggles of Indigenous peoples?

Answer 92

A gang member in prison described the struggles of Indigenous peoples as fighting extinction, then, identity, then, addictions and now each other.

Question 93

What does Robert mean in Gang Aftermath when he says

Answer 93

• “Today I am Robert, I am not Outlaw anymore”?
• Found himself through his Indigenous culture
• loyal to himself rather than the gang
  
  • He will be loyal to him and his family as opposed to the gang.
• He now cares about his family, wants to spend time with them, wants to tell his family that he loves them and he always has he just didn’t know how to say it.

Question 94

Why did Derek leave the gang in Gang Aftermath?

Answer 94

• His daughter, Rob’s influence, getting in touch with Indigenous culture
• Derek doing well now → work with UCAN → works with young people living on the streets
• Now works with EPS on their Y19 program
  
  • young people tend to respond better to him

Question 95

What are government stats of Indigenous people and the CJS?

Answer 95

• Government reports and investigations suggest Indigneous people:
  
  • are more likely to be charged when apprehended
  • more likely to be denied bail,
  • to spend more time in pre-trial detention,
  • to be charged with multiple offences (often for administrative violations)

Question 96

Indigenous Youth and Young Offenders

Answer 96

• Overrepresentation at all levels of the criminal justice system:
• higher arrest rates, more likely denied bail, (Indigenous Justice Inquiry in Manitoba)
• As in previous years, a disproportionate share of admissions to youth correctional services involved Indigenous youth. Indigenous youth accounted for 41% of all admissions while representing 7% of the youth population in these same jurisdictions (Statistics Canada) (Table 5).Note 11
• The disparity between Indigenous and non-Indigenous youth was more pronounced among girls. Indigenous girls accounted for 53% of female youth admitted to the corrections system, whereas 38% of males admitted were Indigenous youth.
• In (the prairies) Saskatchewan and Manitoba three quarters (75% for Manitoba and 74% for Saskatchewan) of youth sentenced to custody were identified as Indigenous, (less than 10% of Manitoba’s youth population is Indigenous) (Statistics Canada).
• More…
  . . . a treaty Indian boy turning 16 in 1976 had a 70% chance of at least one stay in prison by the age of 25 (that age range being the one with the highest risk of imprisonment). The corresponding figure for nonstatus or Métis was 34%. For a nonnative Saskatchewan boy the figure was 8%. Put another way, this means that in Saskatchewan, prison has become for young native men, the promise of a just society which high school and college represents for the rest of us. Place in a historical context, the prison has become for many young native people the contemporary equivalent of what the Indian residential school represented for their parents (Jackson 1989: 216).

Question 97

Education Outcomes for Indigenous Youths?

Answer 97

Gaps between the Indigenous and the non-Indigenous population are narrowing when it comes to high school completion. The share of Métis who had completed high school rose 4.6 percentage points from 2016, to 82.0% in 2021, while for First Nations people, the share increased 5.5 percentage points to 69.9%. For the first time, in 2021, over half (50.1%) of Inuit aged 25 to 64 had completed a high school diploma or equivalency certificate, up 4.7 percentage points from 2016.
- However, gaps between the share of the Indigenous and the non-Indigenous population completing a bachelor’s degree or higher are widening. Although the share of Indigenous people with a bachelor’s degree or higher rose by 1.9 percentage points (to 12.9%) in 2021, this was less than the increase among the Canadian-born non-Indigenous population (+2.9 percentage points, to 27.8%).
- How do we make our programs attentive to the needs of Indigenous people and relevant to Indigenous ways of knowing and being in the world?
- Universities need to be more attentive to Indigenous ways of knowing and who are the experts?
- Indigenous ways of knowing are important and Indigenous elders have so much knowledge to pass along to help us at universities
- How does this compare to the prison population?

Question 98

How does violence affect the lives and likelihood of crime for Indigenous people?

Answer 98

• Indigenous lives are often overburdened by violence.
  
  • Indigenous women are three times more likely to be victims of domestic violence
  • the homicide rate for Indigenous peoples grossly exceeds that of other Canadians.
    -> Between 1997 and 200 the Indigenous homicide rate was 7 times that of non-Indigenous peoples.
• Indigenous peoples are overrepresented as victims of violence

Question 99

How are Indigenous people Overrepresented in Childwelfare?

Answer 99

• 53.8% of children in foster care are Indigenous, but account for 7.7% of the child population according to Census 2021.
• Results from the 2011 National Household Survey also show that 38% of Indigenous children in Canada live in poverty, compared to 7% for non-Indigenous children.

Question 100

How do we understand the overrepresentation of Indigenous people in the CJS?

Answer 100

• Younger (average age is 33 compared to 41)
• Poverty
• Increasing important (cultural limbo)
• Most important— colonialism, systemic racism and resulting problems.

Question 101

Why are Indigenous Youth more likely to be victims of the CJS?

Answer 101

population is much younger than the Canadian average— 33 compared to 41.

Question 102

What is Indigenous Child Poverty like?

Answer 102

• this growing group of young Indigenous peoples is more likely to live in poverty.
• 40% of all Indigenous children were considered poor, while only 17% of the total suffered under this unfortunate condition (Poverty or Prosperity - CCPA)
• younger, more in the high risk category
• in Saskatchewan 55% of Indigenous children are living in poverty
• 52% in Manitoba living in poverty

Question 103

Does Urbanization play a role in Indigenous deviance?

Answer 103

Yes.
- Recent years have witnessed a demographic shift involving Indigenous peoples of another kind.
- Whereas in 1951 only 6.7 percent of the Indigenous population called urban centres home, by 2021 this number increased to 60
- Between 2016 and 2021 this number grew by 12.5% (stats Canada – the Daily 2022)
- Largest Indigenous Populations:
- Winnipeg (can see evidence of Indigenous cultures everywhere - statues, murals) , Edmonton, Vancouver, Calgary and Toronto
- Edmonton does not really have evidence of Indigenous culture around

Question 104

Why does Urbanization affect Indigenous criminality: What is Ratner’s cultural limbo?

Answer 104

• Bob Ratner - came to Cad in 1970 to avoid Vietnam war → started teaching at UBC
  
  • first criminologist in Canada
• *tremendous implications and challenges for indigenous youth
  
  • How to cope with this new/emerging reality?
  • In the city many Indigenous young people are alienated from both Euro-Canadian culture and their Indigenous heritage (cultural limbo)
  • This leaves many in a purgatory where they are forced to either:
    
    • ‘endure the degradation of living on in the city without cultural roots (white or Indigenous);
      
      • don’t have identity from living on reserves
    • or to return to the reserves and experience the trauma of reverse cultural shock’ (198)
    → these Indigenous ppl then struggle to figure out who they are as an Indigenous person

Question 105

Why is it the case that violence disproportionately affects Indigenous peoples? How do systemic conditions become embedded in ontological being

Answer 105

• Drugs, alcohol, violence and homelessness present significant problems for Indigenous communities.
  
  • A review by the Indigenous Healing Foundation found that colonialism, specifically the residential school system, bears much of the burden.
  • Residential school officials forcibly removed Indigenous children from their parents and cultural milieu for years at a time while they attempted to indoctrinate Euro-Canadian ideals.
    
    • told them that their ways of life and knowing were no longer valued
    • if Indigenous ppl wanted to do traditional hunting and fishing, they had to ask for permission from the gov’t to do it. → but this is removing who Indigenous ppl are bc they would follow their game.
  • The 60s Scoop

Question 106

Colonialism/Residential Schools Impact on Indigenous Peoples?

Answer 106

• Torn from their parents and elders and forced to live at some distance from their traditional lands, their manner of being in the world was almost completely shaped by residential school officials who were notoriously physically violent and sexually abusive.
• the intergenerational impact of residential schools, particularly is manifested in social, health and psychological problems (Royal Commission on Indigenous Peoples, 1996; Indigenous Healing Foundation, 2003)
• Drugs/alcohol (medicating pain)

Question 107

Truth and Reconcilation Calls to Action

Answer 107

• Purpose:
  
  • convened to listen to the stories of residential school survivors and learn from these individuals
  • out of the hundreds of hours of listening they did, they came up with 94 recommendations to start the process of healing.
  • Can start the process of healing by taking seriously the recommendations of the TRC
• 30. We call upon federal, provincial, and territorial governments to commit to eliminating the overrepresentation of Indigenous people in custody over the next decade, and to issue detailed annual reports that monitor and evaluate progress in doing so.
      - is being done, but there is still a huge issue here
• 31. We call upon the federal, provincial, and territorial governments to provide sufficient and stable funding to implement and evaluate community sanctions that will provide realistic alternatives to imprisonment for Indigenous offenders and respond to the underlying causes of offending.
• 33. We call upon the federal, provincial, and territorial governments to recognize as a high priority the need to address and prevent Fetal Alcohol Spectrum Disorder (FASD), and to develop, in collaboration with Indigenous people, FASD preventive programs that can be delivered in a culturally appropriate manner.
      - not just the contemporary, medical means
• 38. We call upon the federal, provincial, territorial, and Indigenous governments to commit to eliminating the overrepresentation of Indigenous youth in custody over the next decade.
• 41. We call upon the federal government, in consultation with Indigenous organizations, to appoint a public inquiry into the causes of, and remedies for, the disproportionate victimization of Indigenous women and girls. The inquiry’s mandate would include:
      - i. Investigation into missing and murdered Indigenous women and girls.
      - –ii. Links to the intergenerational legacy of residential schools.
• TRC Calls to Action, 2015 (94 total)
• To date 13 of the 94 have been completed (at this rate it will take until 2165 to complete all)
• Chief RoseAnne Archibald recently stated: “if we were in a chapter book on reconciliation – we are, today, on the first sentence of that book.”
  
  • so much work yet to be done
  • requires everyone to do their part/play a role

Question 108

What was the Gladue Decision?

Answer 108

• Jamie Tanis Gladue was 19 in 1995
• 3 years in custody.
• SCC considered whether the sentence was in keeping with s. 718.2(e), which deals with sentencing principles: “all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Indigenous offenders.”
• Main purpose was to clarify how judges must consider the certain circumstances of Aboriginal ppl in the CJS
• Includes knowledge and experience of the elders
• For Gladue, the court said bc she didn’t live on the reserve traditional ways of dealing and helping Aboriginal ppl didn’t apply to her
• Important is: how it was that traditional Indigenous ways of thinking about justice were moved out of the Indigenous communities and taken over by the Canadian Criminal Justice System
• Have to take into account how things factor in Aboriginal ppl’s circumstances
• whenever an indigenous person is at risk of incarceration a gladue report must be done → a report that must take into account the offender’s background and the systemic racism built into the system.
• Restorative Justice - look at harms that have been caused/done to a community or human
  
  • Instead of looking at them as “they’ve assaulted me and this is a case against me” → put it on its head: there was a harm that was done.
  • In order for both of us to leave the system better, it is important for us and out communities to think and learn from that situation.
  • victims central to process
    In writing the decision, the Supreme Court aimed to establish “a framework for the sentencing judge to use in sentencing an Indigenous offender” (Gladue,para 28).

Question 109

What is the Framework of the Gladue report?

Answer 109

The framework it set out is as follows (Gladue, para 93):

718.2(e) is a remedial provision aimed at addressing the over incarceration of Indigenous people. Sentencing judges have a statutory duty to give force to the provision and are encouraged to use restorative approaches to sentencing.

718.2(e) should be read with other provisions in Part XXIII of theCriminal Code, which state the purpose and principles of sentencing, and which places emphasis on decreasing the use of incarceration.

Sentencing is an individual process. Judges should ask, what is a fit sentence for this accused for this offence in this community? For Indigenous offenders, this requires a different method of analysis which considers:
Unique systemic or background factors that have played a part in bringing the Indigenous offender before the court, and;
Types of sentencing procedures/sanctions appropriate in the circumstances for the offender because of his/her Indigenous heritage or connection.

In determining an appropriate sentence for an Indigenous accused,
Judges should take judicial notice of systemic and background factors, and the priority given to restorative approaches in Indigenous approaches to justice.
Pre-sentence reports should provide information pertaining to (a) and (b) above, unless this requirement is waived by the Indigenous offender. Counsel has duty to assist in gathering this information.
Incarceration should be seen as a sanction of last resort; if there are no alternatives to incarceration, length of term must be carefully considered.

Question 110

How is the Gladue report used?

Answer 110

• The Gladue report is a presentencing or bail hearing report, usually prepared by Gladue caseworkers at the request of the judge, defense counsel or Crown Attorney.
• These reports contain recommendations to the court about what an appropriate sentence might be, and include information about the Indigenous persons’ background such as: history regarding residential schools, child welfare removal, physical or sexual abuse, underlying developmental or health issues, such as FASD, anxiety, or substance use.

Question 111

What can be done about the overrepresentation of Indigenous people in the Criminal Justice System?

Answer 111

Decolonizing the Criminal Justice System

• Starts with recognizing and understanding the history and ongoing impact of colonialism on the CJS, and, its effect on Indigenous peoples–Independent of states legal systems–Addressing inequalities and taking steps to address them–Rebuilding the legal systems in a way that benefits all (Holding, Decolonizing and Justice
  • Can be visualized as a tree, with growth obtained from listening to and consultation with marginalized groups all the way to building relationships into a non-hierarchical model

Question 112

What is Gender?

Answer 112

• Starts almost from the moment we entered the world
• Reinforced throughout our lifetime and impact our life choices
• Cultural and societal images reinforce what it means to be a woman or man in Western society
  
  • a lot of them are subconscious
  • Shapes how we are and act in the world

Question 113

What does “ignoring female delinquency” mean?

Answer 113

• until recently criminology had little to say about the female offender → most theorists have been men
  
  • men as authorized knowers
  • Men as subject of knowledge
• Have you noticed the absence of female centred theories
• feminist criminologists: women were considered “too few to count,” or their criminality was considered secondary to men’s – sidebar, after thought, footnote
• much theory & research was:
  
  • concerned with male behaviour
  • written from a male perspective
  • judged from a male standard
    
    • Frederick Thrasher’s 1937 “The Gang” was over 500 pages, but only less than one full page was devoted to girls and gangs!
• yet, girls tend to be more lawabiding, so absence is not excused: The question should become - why do girls commit fewer crimes?

Question 113

What Proportion of Crimes are Committed by Females and for what type of crimes do they commit?

Answer 113

• 1 in 4 crimes are committed by females (25%)

Types of Crimes

• For what type of crime are females typically involved?
  
  • Connect this to what we discussed about needs.
  • Theft under $5000, common assault and disturbing the peace.
  • Administrative offences
    
    • not doing what the court tells you to do
    • eg. not performing your community service, breach of probation.
  • Assault level 1 is the most common violent offence.

Question 114

How did Lombroso see women offenders?

Answer 114

• “Women are big children; their evil tendencies more numerous and more varied, but generally remain latent … The criminal woman is consequently a monster” (Lombroso and Ferrero, 1895:150-2)
  
  • when women were considered, they were often considered as less than
  • Associated their offending with Biology
• Lombroso considered female criminals to be vile and cruel, “maternal instincts” and “ladylike qualities.”
• Elizabeth Fry
  
  • Reformer
  • Working with females who were incarcerated and making sure they were treated humanely

Question 115

Criminology has traditionally been centred on what?

Answer 115

Males!
- Criminology has been mostly concerned about what men do.
- Women have been rendered invisible in much criminological inquiry.
- This is due in part to relative minor role women play as criminal offenders.
- Violence against women has not been seen as a crime concern.
- Criminologists have not looked at men as men (that is, they have not considered the “maleness” of their subjects).

Question 116

What is the goal of feminist criminology?

Answer 116

• The goal of feminist criminology is to move women and an analysis of gender to the centre of criminological inquiry.
• Initial feminist contributions were a critique of existing theories and took two paths:
  
  1. A focus on the sexism of theories use to explain women’s crime, and
  2. An explanation of the invisibility of women in the mainstream theories of criminology.
• found that gender was neglected in CJS
• and experience of incarcerated women was silenced

Question 117

What are the definitions of organized crime?

Answer 117

• Criminal Intelligence Service Canada defines organized crime as: “a crime committed by any group of at least 3 people that involves the commission of a serious offence in pursuit of profit.”
• Van Duyne also emphasizes that organized crime is inherently shaped by the dynamics of criminal activities and, more specifically, illegal markets.
• Alternatively, organized crime has been conceptualized as the organization of criminal offenders.
• Vander Becken: “organized crime is not a ‘natural’ crime phenomenon that can be observed, counted and classified like other crimes. More than most other types of crime, organized crime is a social construct that strongly reflect policy choices and beliefs.”

Question 118

What are the 4 categories that the characteristics of organized crime can be divided into?

Answer 118

• structural/organizational (related to the association among the criminal offenders);
• institutional (factors that sustain organized criminal conspiracies)
• commercial (the features of organized crimes and black markets)
• behavioural (traits that distinguish the [subcultural] norms, values, and codes of organized criminal offenders and groups).

Question 119

What are the Structural/Organization characteristics of organized crime?

Answer 119

• Two or more people involved
• A systematic pattern to the relationship of the offenders
• Limited or exclusive membership
• Assigned tasks/specialization/division of labour
• Multi-jurisdictional/Transnational scope

Question 120

what is meant by “a systematic pattern to the relationships of the offenders”

Answer 120

• may be kinship, friendship, shared ethnicity or nationality, business ties
• may be hierarchical or more symmetrical (based on specialized tasks performed or resources available)
• two basic relationships among individuals in organized crime:
  
  1. associational networks: held together by close personal relationships among members. eg. shared ethnicity and kinship as embodied by the Italian mafia “family”
  2. entrepreneurial model: where the bond among offenders is less personal and determined more by business interests.

Question 121

what is meant by the characteristic of organized crime “limited or exclusive membership”?

Answer 121

• most traditional organized crime groups place restrictions on who can become members.
• membership in traditional organized crime groups is more than symbolic.
  
  • member can oversee his own crew and/or have jurisdiction over a neighbourhood to carry out his criminal activities.
  • he also has greater access to criminal markets, to gov’t, private sector, and/or union officials, and to resources that can’t be accessed by most ordinary criminals.
  • provides members with intimidating power, affluence, and credibility within the criminal underworld.
  • recent change: only criterion for an individual who wants to join the criminal network is the ability to contribute to the accumulation of profits.

Question 122

What is meant by the “Assigned tasks/specialization/division of labour” group characteristic?

Answer 122

• individuals involved are assigned certain functions.
• eg. Colombia’s Medellin and Cali cocaine cartels, which established intricate divisions of labour, with different cells specializing in one specific function, such as refining the raw coca into cocaine, transportation, bribing gov’t officials…

Question 123

What is meant by Multi-regional/transnational scope characteristic of organized crime?

Answer 123

• many criminal groups in Canada are mutli-jurisdictional in that they have a presence in more than one province.
• eg. Hells Angels, which is represented in every province by either a separate chapter or a chapter of an affiliated motorcycle club.
• Organized crime is now international:
• Transnational organized crime - criminal groups that have presence in different countries or criminal activities that are coordinated and conducted across national borders.
  
  • eg. Hells Angels

Question 124

What are the institutional characteristics of organized crime?

Answer 124

• Continuity/continuing enterprise
• Career criminals
• Insulation against Enforcement and Prosecution
• Sophistication
• Recruitment

Question 125

What does Continuity/continuing enterprise mean as an Institutional characteristic of organized crime?

Answer 125

• some organized crime groups are structured in order to last beyond the life of the current membership.
• there is a line of succession to leadership, and as a rule, there are no indispensable members.
• eg. Hells Angels has existed since the 1950s, with roots stretching back from immediate postwar period.
• Canada’s Criminal Code recognizes organized crime as a continuity enterprise by emphasizing that a criminal organization “does not include a group of persons that forms randomly for the immediate commission of a single offence”

Question 126

What does the institutional characteristic “career criminals” in organized crime mean?

Answer 126

• persist over time bc the offenders involved are usually chronic offenders.
• many criminal groups require their members, once initiated, to undertake a wide range of illegal activities.

Question 127

What does the “Insulation against Enforcement and Prosecution” characteristic of organized crime refer to?

Answer 127

• a hierarchical organizational structure helps insulate the upper echelons of a criminal group against law enforcement actions.
• done by ensuring that the hands-on execution of illegal activities is carried out by those at the lowest level of the organization or even by “associates” who are not official members of the organization.
• eg. puppet clubs
• puppet clubs - a motorcycle club that is subsidiary to a more dominant outlaw motorcycle gang and that is often expected to carry out the dirty work of the latter.
• also helped by a code of silence. → can cause fall of group if become witnesses.
• eg. using abstract codes to protect communication
• undertaking measures to ensure their conversations are not intercepted by police → eg. by physically “patting down” people to guard against surreptititious recording, using devices that can detect recording bugs, disposable cells.
• even strict channels of communication (eg. only allowed to talk to certain members, etc).

Question 128

What does the “Sophistication” Institutional characteristic of organized crime mean?

Answer 128

• some organized crime groups have become quite sophisticated.
• eg. importation, manufacture or distribution of a wide range of illicit commodities as well as the ability to commit complex frauds, money laundering.
• having the credibility to target, coerce or employ individuals in legitimate business, professionals such as lawyers and accountants, and community members in order to faciliate their criminal activities.
• expanding use of technology. eg. computer hackers, exact replicas or passports, currency.
• some groups even have submarines to smuggle contraband.

Question 129

What does the Institutional characteristic of “Recruitment “ in organized crime mean?

Answer 129

• traditional organized crime groups use “an institutionalized process of inducting new members and inculcating them with the values and ways of behaving”
• important due to need for specialized skills and resources.

Question 130

What are the commercial characteristics of organized crime?

Answer 130

• Profit-oriented criminal activities
• Consensual and predatory criminal activities
• Serious criminal offences
• Multiple enterprises
• Goods and services
• Illegal and legal commercial goods and markets
• Monopolistic tendencies
• Tactics to Support Commercial Activities

Question 131

What does the commercial characteristic “profit-oriented criminal activities” mean?

Answer 131

• the business of organized crime is making money → is not a crime of passion, terrorism or vandalism
• generate money through myriad activities
• drug trafficking is the biggest moneymaker for most organized crime groups
• human trafficking comes second in terms of geogrpahic scope, the number of ppl victimized, and the amount of revenue generated for criminal entrepreneurs.

Question 132

What does the commercial characteristic “Consensual and predatory criminal activities” of organized crime mean?

Answer 132

• consensual crime - one where no “victim” exists; that is, two or more individuals engage in an illegal transaction.
• predatory crimes - in which a victim suffers a direct physical, emotional or financial loss.
  
  • include extortion (an offender unlawfully obtains money, property or services from an individual or entity through coercion and intimidation), theft, human trafficking (the illegal trade of ppl for the purpose of commercial sexual exploitation and other forms of forced labour), currency counterfeiting and various types of fraud.

Question 133

What does the commercial character of organized crime “serious criminal offences” mean?

Answer 133

serious in that they exact considerable harm on individuals and on society as a whole.

Question 134

What does the commercial characteristic of organized crime “multiple enterprises” mean?

Answer 134

• they carry out more than one profit-oriented (legal or illegal) activity.
  
  • eg. drug trafficking, gambling, telemarketing fraud, prostitution, extortion

Question 135

What does the commercial characteristic of organized crime “goods and services” refer to?

Answer 135

• they provide both goods and services.
• eg. goods: drugs, legal contraband (cigarettes or liquor), stolen goods, weapons, human or animal organs…
• illegal consensual services: gambling, prostitution, loansharking (lending money at very high interest rates, often enforced through the use of physical force), migrant smuggling, ilelgal waste dumping.

Question 136

What does the commercial characteristic of organized crime “Illegal and legal commercial goods and markets” refer to?

Answer 136

• some goods are legal like cigarettes, liquor and prescription drugs, but distributed to black markets.
• eg. the US has low taxes on cigarettes and liquor compared to Canada, so organized groups smuggle large quantities of these products across the border, where they are sold to Canadians well below their regular retail price.
• are also active in the legal business world.
  
  • offers concealment opportunities for illegal activities
• some cases the infiltration of criminal groups into legitimate companies is unaccompanied by illegal activities; they simply invest or own a business to produce another source of income.
• however the entry into the legitimate business world is frequently accompanied by illegal acts (extortion, corruption ,violence) that are meant to help them infiltrate, control, and maximize revenue from a particular legal business venture.

Question 137

What does the commercial characteristic “Monopolistic tendencies” in organized crime refer to?

Answer 137

• organized crime groups often seek a monopoly over the sale of a particular good or service in a particular geographic area.
• maintained through violence or corrupt relationships with gov’t , businesses, etc.

Question 138

What does the commercial characteristic “Tactics to Support Commercial Activities “ of organized crime refer to?

Answer 138

• like legitimate corporations, criminal groups must undertake certain activities to support the production, distribution, and marketing of their products and services.
• resort to tactical illegal activities (difference between them and unorganized crime) like corruption, violence, intimidation, money laundering, intelligence gathering, surveillance.
• money laundering is a tactic for protecting profits → process of legitimizing illegally earned revenue.
  
  • must devise creative methods for converting cash into less suspicious assets while concealing the criminal source of the funds.
  • eg. opening a cash-based business like a restaurant or bar, and then depositing the cash proceeds of crime in that business’s bank account.
  • intelligence gathering and counter-surveillance → use of eaves-dropping tech and placing gang associates inside enforcement agencies to gather info.

Question 139

What are the behavioural characteristics of organized crime?

Answer 139

• Rationality
• Subcultural values/contempt for civil society
• Non-ideological motivation
• Rules and regulations
• Discipline

Question 140

What does the organized crime behavioural characteristic “Subcultural values/contempt for civil society” refer to?

Answer 140

• members openly rebel against the social rules and values that govern civil society; instead, the organize their behaviour according to the norms of their criminal group.
• this particular traits of organized crime is associated with subcultural theories of criminality and violence, which argue that serious and chronic offenders adhere to values and norms that are at odds with the dominant law-abiding culture and they they learn through their immersion to a deviant subculture.
• motorcycle gangs are particularly attractive to individuals who are involved in deviant behaviour because these gangs are mutually supportive or many types of deviant acts.

Question 141

What does the organized crime behavioural characteristic “ Non-ideological motivation” refer to?

Answer 141

• organized crime groups are not motivated by political ideology, religious dogma, or a desire to change society.
• their goal is to accumulate financial and other material benefits.

Question 142

What does the organized crime behavioural characteristic “ Rules and regulations” refer to?

Answer 142

• traditional organized crime groups have established rules and regulations that members are expected to follow.
• most important focus on secrecy and loyalty

Question 143

What does the organized crime behavioural characteristic of “Discipline” refer to?

Answer 143

to make sure rules are obeyed, most criminal groups have strict forms of discipline based on loyalty, code of honour and fear of reprisal (death)

Question 144

What are the dominant organized crime genres and groups?

Answer 144

• Italian
• Chinese/Asian
  
  • local street gangs of youths and adults, Chinese triads (transnational criminal syndicates with links to Hong Kong, Taiwan, and Mainland China); non-triad Chinese criminal networks, a loose network of criminals from mainland China (Big Circle Boys); Vietnamese crime groups (illegal marijuana producers and traffickers); Indo-Canadian crime groups
  • Chinese criminal groups most dominant.
  • Today Chinese criminal networks constitute the most widespread, diverse, and sophisticated organized crime threats in Canada today.
• Outlaw motorcycle gangs
  
  • initially as muscle-for-hire and street-level drug distributors
  • started to produce and traffic synthetic drugs
  • Hells Angels predominates
  • drug trafficking, illegal trafficking of firearms and explosives, automobile theft and export, trafficking in women.
• Russian/Eastern European
  
  • eg. Putin is said to rule over a highly criminalized state and has used criminal groups for various political and economic purposes—to extort businesses, launch cyberattacks, traffic people and goods, assassinations on behalf of the Kremlin.
• Indigenous Peoples
  
  1. Criminal groups and activities in central Canada (Ontario and Quebec) and revolve around smuggling and contrband cigarette production
     
     • eg. Akwesasne reserve is considered the most active smuggling corridor between the US and Canada
     • straddles the US-Canada border
  2. Criminal gangs in the Prairie provinces.
     
     • mostly operate as street gangs.
     • opportunistic, spontaneous and disorganized street-level criminal activities.

Question 145

What are the two main types of theories involving organized crime?

Answer 145

• those that try to identify and analyze the causes of organized crime (etiological theories), and
• those that attempt to understand the structure or organized criminal conspiracies.

Question 146

What are the etiological theories of organized crime?

Answer 146

• Alien Conspiracy Theory
• Ethnic Succession Theory
• Economic Theories
• Public Policy Impetus

Question 147

What is Alien Conspiracy Theory of Organized Crime?

Answer 147

• one of the earliest theories of the origins and causes of organized crime in America
• Originally developed to explain the origins and scope of Italian organized crime in the US, it has also been applied to other ethnic-based organized crime genres, include Chinese triads, etc.
• believe that organized crime in America is the result of the importation of secret criminal societies rooted in foreign cultures.
  
  • Thus, organized crime foes not emerge from American culture; rather, it has been thrust upon the United States by specific immigrant groups.
• When used to explain Italian American crime groups, the theory also contends that a nationwide criminal network exists, made up of two dozen or so “families” of Italian lineage collectively known as the “mafia” or “la cosa nostra”
  
  • la cosa nostra - term used to denote Italian American organized crime. It was orginally applied by the FBI in an attempt to make this criminal fraternity sound ominous and threatening. Members of the so-called LCN never use this label themselves, though they have often referred to their secret society as “this thing of ours” which roughly translates into Italian as “la cosa nostra”
• Theory was promoted in early 1950s by US Senate committee chaired by Estes Kefauver (US Congress 1951).
• Criminologist Donald Cressey lent scholarly credence to this theory in his work as a consultant to the President’s Commission and in a subsequent book, Theft of a Nation, which overestimated the scope and power of the Italian mafia in America and implied that American values and institutions were being subverted by an invading alien force.
• the LCN is overwhelmingly an American (and to a lesser extent Canadian) creation. It is a product of North American culture, profitably fuelled by popular vices and by the spirit of capitalism and facilitated by private and public corruption.
• There is also little evidence that there was ever a truly nationwide mafia criminal conspiracy with centralized control → a national commission never fully materialized, and most groups worked independently in their own cities, with sporadic cooperation (and conflict)
• Dwight Smith: argues that the alien conspiracy theory arose in the US in part bc self-serving gov’t commissions, politicians, and law enforcement officials were fabricating or exaggerating stories to help secure greater enforcement and prosecutorial resources.
• Canadian officials erred on the opposite direction of their US counterparts.

Question 148

What is the Ethnic Succession Theory of Organized Crime?

Answer 148

• place greater emphasis on causes that are indigenous to American and Canadian societies.
• “societies get the crime they deserve”
• situate the root causes of organized criminality in the broader social, political, cultural, and economic environment of North America.
• Strain theory forms the basis of the ethnic succession theory, which posits that many immigrant ethnic groups and disproportionately involved in organized crime in the US because of the barriers they encounter in their pursuit of the American Dream.
  
  • Thus it is the result of minority groups struggling for prosperity and a place in mainstream society.
  • Each successive immigrant group experiences strains such as discrimination, unemployment, poverty, lack of political power, and social exclusion, and some members of these groups respond by involving themselves in criminal activities.
• As time passes, and as legitimate and socially acceptable avenues of mobility open up to these ethnic groups, the strain subsides and members of the particular ethnic group rely less and less on crime to realize the American dream.
• Ethnic succession occurs when subsequent immigrant groups fill this criminal void as they attempt to climb the ladder of success.
  
  • Persons or entire ethnic groups that are implicated in organized crime are not committed to a deviant subculture; they are merely using available, albeit illegal, opportunities to achieve economic and social success. → this, involvement in organized crime is a rational response to blocked opportunities.
• eg. mid to late 19th c. Irish immigrants were disproportionately represented in violent criminal gangs in Upper and Lower Canada, in part bc they were discriminated against by the English and Scots, who held most positions of power.
• eg. first half of 20th c. Jewish gangs eclipsed Irish ones in Montreal where anti-Semitism was rife.
• eg. Samuel Bronfman → born in Canada to immigrant Jewish parents, made his fortune supplying American bootleggers during Prohibition, and eventually headed Seagram’s distilleries, one of the largest corporate empires in Canadian history.
• Critics of this theory: many ppl of Italian or Chinese hertiage remained active in organized crime long after these groups were assimilated into mainstream society and found success through legitimate means.
• Potter: members of immigrant ethnic and racial groups may turn to organized crime but do not necessarily replace existing ethnically and racially based criminal groups.
• This theory does not explain why those from the middle class become involved in organized crime, nor does it account for the organized economic crime committed by the wealthy and powerful.
• Does not explain how criminal organizations made up of primarily White Anglo-Saxon Protestants—outlaw motorcycle gangs—emerge in North American society.

Question 149

What are the Economic Theories of organized crime?

Answer 149

• views organized crime not as pathological but rather as a rational system that operates according to the laws of supply and demand.
• In fact, the basic economic concepts such as supply, demand, and price elasticity are quite applicable to underground markets.
  
  • eg. research has sown that the price of illegal or contraband commodities is related to supply and demand. → if the local cocaine supply is plentiful, price will be low, but if the local supply is limited, the price will usually rise.
• Focuses on how criminal organizations make money supplying goods and services that are in demand but that have been declared illegal by the state.
  
  • Underground markets also profit by providing the public with a cheaper supply of certain legal goods (eg. contraband tobacco and liquor), primarily by evading taxes or y supplying stolen or counterfeit goods.
• One significant implication of this economic analysis is that organized crime is not viewed as alien to the societies in which it operates, but as part of its commercial markets.
• In short, organized crime fulfills certain commercial functions, thereby creating a symbiotic relationship between criminal organizations (as suppliers) and segments of society (as consumers).
• criticism: underground markets are highly distorted relative to legitimate markets.
• and the application of traditional economic theory to organized crime only captures consensual crimes; it ignores predatory criminal activities such as hijacking, extortion, kidnapping, fraud.

Question 150

What is the Public Policy Impetus theory of crime?

Answer 150

• A product or service only becomes illegal when the government passes laws prohibiting its sale and consumption.
• When a government outlaws a particular product or service that the public wants, it drives supply to the “underground market.”
• This creates an opportunity for criminal entrepreneurs to monopolize that product or service.
• A fundamental reason why organized crime exists is that government have criminalized certain vices.
• Eg. 1920s and 30s → prohibition catapulted organized crime into a new level of profitability, power, and sophistication and set the stage for today’s large, profitable drug-trafficking organizations and networks.
• Taxation policies also have been the impetus for the involvement of organized crime in the trafficking of legal goods such as alcohol, fuel and tobacco.
• The creation and proliferation of organized crime has also been attributed to a weak state presence in a particular country or region.
  
  • dominant criminal groups may even develop into an alternative for the state, by offering protection to citizens.
• Gambetta’s Protection Theory → Sicilian mafia originally arose due to weak governments, which created the opportunity for private enforcers called “gambellottos” or “mafiosos” to fill the void.
  
  • The mafia is Sicily is said to operate as “an industry which produces, promotes, and sells private protection”
  • The demand for protection typically arises in a market where there is a lack of trust between market participants and where their interests are nor sufficiently safeguarded by the state.

Question 151

What are Theories of the Structure of Organized Criminal Conspiracies?

Answer 151

1. The Bureaucratic /Hierarchical Model
2. The Kinship Model
3. The Patron-client model
4. The Network Model

Question 152

What is the Bureaucratic/Hierarchical Model of the theory of the structure of organized crime?

Answer 152

• vertical power structure with at least 3 permanent ranks
• first applied to Italian American organized crime groups with a deliberate and rational arrangement of positions and roles based on a well-defined vertical power structure and division of labour.
• But many experts would not apply the bureaucratic/hierarchical model to the Italian mafia in North America.
• This model may be applied to other criminal organizations such as the Medillin and Cali cartels.
  
  • many analysts have concluded that these cartels emulated multinational corporations and were structured to control each step required in the processing, exporting, and wholesaling of cocaine.
• emphasizes hierarchy and centralized control

Question 153

What is the Kinship model theory of the structure of organized crime?

Answer 153

• structured around blood relationships
• Ianni and Reuss-lanni (1972) suggest that the Italian American mafia family has nothing to do with modern bureaucratic or corporate principles; instead, it is primarily a social grouping shaped by culture, patterned by tradition, and structured around kin relations.
• There is no real vertical hierarchy; instead this social unit is built around a symbiotic relationship between a “patron” and a “client”—a pattern of relationships first proposed by Jospeh Albini.
• Study by Ianni and Reuss-Ianni found that members of the Lupollo family were sustained by kinship, not criminal activities or a secret society.
• In some mafia families particular members are indispensable because they possess special skills or have established highly personal contacts.
• Ianni and Reuss-Ianni argue that family standing and tradition are equally important—perhaps more important than merit—in determining which family members will assume leadership roles.

Question 154

What is the The Patron-client model theory of the structure of organized crime?

Answer 154

• where influential professional criminals become “patrons” to others
• For Ianni and Reuss-Ianni, the ongoing criminal operations of the Italian American mafia family involve a loose system of power and “business” relationships and thus require a middleman, who becomes a patron to others by providing contacts, influence, and criminal opportunities.
• Over time, the patron comes to dominate a network of individuals in a geographic area.
• At the centre of this patron-client model is the Capo.
  
  • Capo is less a CEO than a patron to his family and associates; he is the centre of a network of family and business relationships.
  • he provides services from the peasantry in southern Italy, where gov’t presence is weak, to the Italian immigrant unfamiliar with or suspicious of the gov’t in the new land, all the way to the thief or murderer who cannot approach the gov’t for health.
  • The Capo helps ensure the welfare and security of his family, friends and associates.
• In addition each made member of the mafia family cultivates his own network of clients, who include associates external to the family.
• The patron-client structure has the potential to generate a wide variety of money-making connections, both by boss and by other made members of the mafia family.
• Can be used for Hell Angels and Chinese Triad as well.

Question 155

What is The Network Model theory of the structure of organized crime?

Answer 155

• characterized by a fluid association of like-minded criminal offenders connected through complementary specializations or resources.
• View the relationship among criminal offenders as a fluid and loosely knit network of like-minded criminal entrepreneurs, none of whom has any long-term authority over the others.
• Views the patterns of relationships not as hierarchical but as symmetrical; business partnerships are based on complementary areas of specialization that contribute to one particular deal or to a series of ongoing criminal conspiracies.
• In a network, relations among criminals are defined not by power but by the particular functions that individuals perform in the criminal conspiracy and/or by the financial investment that a “business partner” has made in the venture.
• Anderson: network model may be viewed as a combination of the bureaucratic/hierarchical model and the kinship/patron-client model.
  
  • Traditional organized crime groups do have layers of positions, such as boss, underboss, lieutenant and so on, but they also include various associates who are not themselves true members and who carry out many activities necessary for the success of the group and enter into patron-client type arrangements with the members of this criminal group.
• Morselli and Roy: “networked” aspects of contemporary organized criminal conspiracies:
  
  • such conspiracies arise through personal contacts and social networking among offenders
  • criminal conspiracies have a “flexible order” that makes them resistant to law enforcement targetting and enforcement.
  • “brokers” play an important centralizing role within loosely structured criminal group ventures.
• Most applicable to large-scale drug importation and trafficking conspiracies.
• eg. the “French Connection” → brought together Turkish farmers; Istanbul-based brokers (trafficked it); French Corsican gangsters (processed the morphine into heroin in France and moved it across the Atlantic); American and Canadian mafi groups, who coordianted its importation and wholesale distribution; and individuals and groups who sold the drugs at a retail level.
• greater decentralization, with separate enterprises that pool resources and expertise.
• renders a business less vulnerable to law enforcement.

Question 156

What is the Conservative Approach in theories of women’s crime?

Answer 156

An approach that understands “difference” between men and women as biologically based sex differences. Women are viewed as “naturally” inferior to men.
- by Lombroso and Ferroero and Glueck and Pollak
- Lombroso and Ferrero suggested that women possessed limited intelligence. They were also less sensitive to pain than men, full of revenge and jealousy, and naturally passive and conservative.
- Given that women were relatively “primitive” the criminals among them would not be highly visible.
- However, those women who were criminal were cast as excessively vile and cruel in their crimes.

Question 157

What was Thomas’ view on human behaviour and women’s criminality?

Answer 157

Human behaviour based on 4 “wishes”: for adventure (anger), security (fear), response (love), and recognition (the will to gain status and power).
- Since women had more varieties of love in their nervous systems, their desire for response was greater than men’s/
- It was the need to feel loved that accounted for women’s criminality and especially prostitution.

Question 158

What is the Liberal Approach to theories of women’s crime?

Answer 158

• 1970s
  It distinguishes sex (biological) from gender (cultural) and sees differences between men as resulting from gender roles and socialization patterns
• it is the culture that marks off the differences between mean women by proscribing certain roles and behaviours as “male appropriate” and “female appropriate”
• took the form of role theory as an explanation for female criminality:
• Hoffman-Bustamante: the lower rate of delinquency of girls can be accounted for by differential socialization and child-rearing proccesses. -> when women do engage in violent behaviour, their actions reflect their greater domesticity. eg. more likely to use kitchen knives than a gun in murdering.

Question 159

What is the Generalizability Problem?

Answer 159

Raises the issue of whether mainstream theories of crime–which have largely been developed with men in mind—can be made to “fit” women.
- eg. Morris and strain theory -> easier to achieve female goals of marriage and having children so less strain so less crime
-> fails to acknowledge the economic concerns that women confront.

Question 159

Theories of women criminality: Power-Control Theory of Sex and Delinquency

Answer 159

• explains the sex differences in delinquency by drawing linkages between variations in parental control and the delinquent behaviour of boys and girls.
• Hagan and colleagues suggest that parental control and adolescents’ subsequent attitudes towards risk-taking behaviour are affected by family class relations.
  -> the patriarchal family (husband is employed in an authority position in the workforce and wife in not employed outside the home) and egalitarian family (both husband and wife are employed in authority positions outside the home)
• Hagan and his colleagues suggest that in the former, a traditional gender division exists whereby fathers and especially mothers are expected to control their daughters more than their sons. -> in egalitarian families, as mothers gain power relative to their husbands, daughters gain freedom relative to sons.
• larger gender differnces in common delinquent behaviours in patriarchal families and smaller gender differences in delinquency in egalitarian.

Question 160

What is the Gender-Ratio problem?

Answer 160

Poses the question of why there are sex differences in rates of arrest and types of criminal activity between men and women.
- are women treated more leniently than men? -> maybe for white middle class women and only for women who behave in a stereotypical fashion -> crying, pleading for release for the sake of their children

Question 161

What does the women’s liberation thesis posit?

Answer 161

The women’s involvement in crime will come to more closely resemble men’s as differences between men and women are diminished by women’s greater participants and equality in society.
- Simona dn Adler, this thesis suggests that changes in women’s gender roles will be reflected in their rates of criminal involvement.