midterm 1 Flashcards
What is the main definition of deviance used in class? who is associated with it?
violation of a social norm WITH a controlling reaction, Pfohl (1996)
deviance is just a label, deviant acts are in the eye of the beholder. >50% of academics follow this approach
constructionist approach to deviance
who believes in a more scientific, causal approach to deviance?
positivists
True or False? Doing drugs is not considered deviant when undetected
?
our modern understanding of law is based in ?
classical theory
who defines crime as the use of force and fraud?
Gottfredson and Hirschi (1990)
Downes and Rock (2003) intentionally avoided a precise definition of?
didn’t define crime, they do refer to banned or controlled behavior that is likely to attract punishment/disapproval
they think confusion and diversity around what is deviant should be embraced and not seen as a failure
conformity
adherence to norms
non-conformity
normative violation, NO reaction
deviance
normative violation WITH a reaction (controlling mechanism)
crime
violation of law
hockey fight is?
conformity
female with a mustache is?
deviant
sex for money is?
deviant
closeted homosexual is?
non-conformity
few observing and controlling the many is?
panopticism
the many observing and following the few
synopticism
who said there is no such thing as deviance anymore?
Blackshaw and Crabbe (2004)
epistemology
ideas abt how best to study society
large scale method to study society ( ex: unbiased, scientific approach)
ontology
what is the nature of social reality
what you personally believe constitutes significant data
who did Cesare Lombroso (1911) study and what did he state?
studied inmate populations, said they were biologically inferior to non-criminals. searched for the causes of crime by examining pathology and personality defects (psychology)
who thinks crime is based on a social consensus? what does that mean
those who break the law do so because they lack self control, crime and crime control are objective phenomena
Gottfredson and Hirschi (1990)
canada’s legal system is modelled on ?
objectivist-legalist approach
administrative law
public law, governs relationships btw individuals and the state (EI, labour relations, landlord and tenant relations, etc)
violations usually result in penalties or fines
civil law
- public law, btw individuals, (property disputes, wills, contracts)
criminal law
purpose is to “punish certain acts that have been declared to be threats to the established social order”
what are the 3 categories of criminal law?
- crimes against the person
- property crime
- other offences (like victimless crimes like using drugs)
mens rea
evil mind
actus reus
evil act
what ppl are not considered able to form mens rea?
kids under 12 and the “insane”
offence types in Canada fall into two main categories:
summary and indictable offences
offence types in US fall into two main categories:
felonies or misdemeanours
difference btw summary and indictable
summary offences are tried before a provincial court judge
those accused in indictable offences are given 3 choices: a judge hears the case in provincial court; a judge and jury hear the case in a superior court; or a judge alone hears the case in a superior court.
how many criminal cases are decided based on plea bargaining?
abt 90%
what group questions whether things regarded as deviant by the law has been arrived at by universal agreement or social consensus?
critical criminologists such as Howard Becker
why are the terms crime and deviance problematic?
“crime” is too narrow
“deviance” is too broad
who perceives deviance as liberating acts of rebellion against capitalism?
Marxists
who perceives institutional restraint as vital to social harmony?
functionalists and control theorists
?? focus on the processes through which social problems, such as crime, are defined and responded to. To this end, crime is not to be understood as an objective condition but rather as a function of the claims made by individuals or groups who seek to turn a set of conditions into a social problem
social constructionists
what are the 4 elements of causality?
- variables should covary
- temporal sequence
- nonspurious
- research is theoretically based
what are the 4 requirements for quality theory and research?
- causality
- reliability
- valid
- representative
reliable looks like what on a dart board?
points close together (accuracy)
valid on a dart board looks like?
bulls eye
out of all the 2.5 mill crimes reported to police per year (CUCR), how many are violent?
abt 12%
if a survey was delivered to all canadians it would be considered?
cross sectional
lex talionis
an eye for an eye
the nature of all human action was the same - self-interest
classical reformers
mini max theorem
- calculating, rational actors
- hedonistic
- units of pleasure and pain calculated
- free will and social contract
according to classical theorists, punishments must contain 3 basic elements in order to be effective:
- swiftness
- certainty
- severity
who pushed for the decentralization of power
classical theorists
control acts rather than actors - this thought is supported by?
CLASSICAL APPROACH
rational punishment, legislative determination of law + judicial determination of guilt, deterrence. all of these align with what approach to crime and deviance?
classical
who believed society is set up to create or manufacture deviance?
Erikson
what is the most difficult requisite of causality to establish?
non-spurious
homicide rates in Canada peaked in?
1990
