Lecture 2: Measuring Youth Crime Flashcards
What are some typical questions criminologists are asked about youth crime and justice?
- How serious and how common?
- Is it getting worse?
- Is legislation too lenient?
- Who is committing these crimes? Why?
The worry of many people is that youth crime is…
On the rise.
Many people consider juvenile delinquents to be treated too ___.
Leniently.
The YCJA is mockingly dubbed as…
You Can’t Jail Anyone.
What are the two types of sources from which we get a measure of crime?
Official and unofficial accounts.
Give examples of official accounts of crime.
Police, courts, corrections.
Give examples of unofficial accounts of crime.
Self-report studies, victimization surveys.
Why are unofficial accounts of crime important?
They cover smaller-scale crimes as well, not just egregious crime.
Why do unofficial accounts of crime cover smaller-scale crimes, while official accounts do not?
People do not feel compelled to report every crime they witness/fall victim to.
What is the dark figure of crime?
Incidences of crime/delinquency that go undetected or unreported by the police.
Who are the youth at risk?
Young people at risk of offending or being victimized.
Youth at risk are young people that are at risk of offending or being victimized?
Both.
The dark figure of crime describes crime that is as good as it…
Never happened.
What we think we know about crime is an ___ sample.
Unrepresentative.
What types of crimes are the most accurately reported?
Murder, kidnapping, and car thefts.
The definition of youth crime has shifted as far as concepts and legal ___.
Terminology.
The JDA referred to underage criminals as…
Juvenile delinquents.
The YOA and YCJA referred to underage criminals as ___ or ___.
Young persons or young offenders.
What is the age range covered by the YCJA?
12-17.
The determining factor of whether or not a person is charged as a young person is the…
Time that the crime was committed.
The ___ determined that crimes committed by young people are delinquent acts, not criminal acts.
JDA.
Have we ever referred to underage criminals as criminals?
No, first it was juvenile delinquents, and now it is young offender.
What does MACR stand for?
Minimum Age of Criminal Responsibility.
What is the MACR in Canada?
12.
Which countries have the lowest MACR in the world?
India and Nigeria.
Which country has a different MACR for boys and girls?
Iran.
What is the minimum age of MACR considered acceptable by the UN Committee on the rights of the child?
12.
A child is considered ___ ___ below the established threshold.
“Doli incapax.”
What does “doli incapax” mean?
Incapable of wrongdoing.
Does the YCJA apply to those under 12?
No.
What is the defence if the child is not 12 and has committed a crime?
Defence of infancy.
In cases where children under the MACR is accused of a crime, the best that can be done is…
Therapy or counselling.
There are two components of crime. What are they?
Actus reus and mens rea.
Children who commit crime fulfill which component of crime, and do not fulfill which component of crime?
They fulfill the acts refs, but not the mens rea.
What is the mens rea?
Guilty mind, or the intention to commit the crime.
Most laws are ___, not retroactive.
Proactive.
Give an example of laws being retroactive.
The three strikes law being overturned in the United States.
Youth crime has traditionally been defined ___, rather than ___ or ___.
Legally, rather than psychologically or sociologically.
The legal definition of youth crime focuses primarily on the ___ and ___ behaviour that is deemed punishable by law.
Predatory, aggressive.
Why was no one tried in the Gulf of Mexico oil spill incident?
No one meant for anyone to die. However, this criminal negligence should be studied by criminologists.
How does a legal definition of youth crime impede theoretical insight?
There is the exclusion of victimless crime.
How does a legal definition of youth crime neglect demographics?
Overlooks the fact that age distribution or race (Aboriginal) can affect rates.
How does a legal definition of youth crime neglect case filtration and dismissal?
Does not account for cases that are eliminated for insufficient evidence. Overlooks the discretionary practice in the system.
Give an example of how discretion could be exercised in the criminal justice system.
Assault may be tried as an indictable or summary offence.
How does a legal definition of youth crime neglect policy and administrative variation?
Interpretations of the YCJA varies across provinces and police establishments.
How does a legal definition of youth crime fail to consider the method of gathering statistics?
Statistics Canada does not enumerate all crimes. The statistics gathered are done so with an agenda by the reporting agencies.
How does a legal definition of youth crime fail to address varying reporting rates?
If the police force wants to convince people that they need more members, they are more likely to inflate crime rate numbers.
How does a legal definition of youth crime fail to address public perception?
If there is an attitude that there is an increase in crime, then the police forces are more likely to report more arrests to give the impression of “tough on crime.”
How does a legal definition of youth crime fail to address new technologies?
Complex crimes such as cyber-crime can go undetected.
What are the 3 types of offences?
Indictable, summary conviction, and mixed/hybrid.
Give examples of indictable offences.
Murder, kidnapping, terrorism, drug trafficking, robbery, etc.
What is the more serious type of offences?
Indictable.
What are summary conviction offences?
Considered minor offences.
Give examples of summary conviction offences.
Possession of marijuana under 30 grams, soliciting a prostitute, patronizing a brothel, etc.
What is commonly the punishment for summary conviction offences?
Fines of less than $5000 and/or 6 months in prison.
What are mixed/hybrid offences?
May be tried as any of the above.
What are some examples of mixed/hybrid offences?
Assault, sexual assault, assault causing bodily harm, assault with a weapon, theft under $5000, fraud under $5000, etc.
What needs to be proven for summary conviction offences?
Only actus rea.
Why is only the actus rea needed for summary conviction offences?
It is not enough to show that you did not mean to go over the speed limit, the fact that you went over is enough.
What are the three periods in Canadian history relating to youth crime and its measurement?
- Pre-confederation.
- State intervention.
- The twentieth century.
What are some statistics kept from pre-Confederation times?
There are no reliable official statistics.
What was established in 1876 that kept track of statistics?
The Dominion Bureau of Statistics.
Can the delinquency problem in pre-Confederation times be quantified?
No.
Pre-Conferation times refers to…
Before July 1, 1867.
When did the state intervention period of measuring youth crime begin?
Late nineteenth century.
What happened in the state intervention period?
The engagement of the state.
The state intervention period led to what important change?
The state was seen as caretakers of the child in cases where parents failed. Enables 4 year olds to call social services and take a child away.
How did urbanization and industrialization affect youth crime rates?
People left rural areas to work at factories, with large concentrations of people.
What is a factor in large cities that leads to things like homelessness or drug addictions?
Anonymity.
What is the ‘Child Saving’ movement?
Children from Eastern Europe were seen as problems.
How was the state intervention period of youth crime gendered?
The focus was on boy children, while crimes committed by girls were linked to their sexuality.
Prior to the state intervention period, education was reserved for the…
Male children of the ultra-rich.
The state intervention period introduced universal…
Basic education.