midterm 1 Flashcards

1
Q

criminology

A

the scientific study of crime and criminals.

studying crime as a social phenomena

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2
Q

6 main areas of the criminology discipline

A
  1. the definition of crime and criminals
  2. the origins and role of law
  3. the social distribution of crime
  4. the causation of crime
  5. patterns of criminal behavior
  6. societal reactions to crime.
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3
Q

defining crime and deviance

A

Not all social harms are criminal, and not all criminal acts are harmful. Thus
we must consider how societies decide which acts to define as crimes.

who do we define as criminals, if a person hasn’t been caught are they still a criminal?

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4
Q

origins and role of the law

A

legislative and judicial branches

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5
Q

Questioning the social distribution of crime

A

To understand crime we must know such things as the characteristics of people
who commit crimes; trends in the occurrence of crime over time; and differences
among cities, provinces, and countries regarding the rates and types of crime.

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6
Q

Questioning the Causation of Crime

A

why some people
commit crimes while others live more law-abiding lives.

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7
Q

Questioning the Patterns of Criminal Behaviour

A

Who are the offenders? Who are the victims? Under what social circumstances are offences most likely to occur? What are the consequences for crime victims? How can particular types of crime be prevented?

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8
Q

What are the Societal Reactions to Crime

A

Historically, societies have responded to crime in many different ways. In Canada, we normally process law violators through a criminal justice system that includes the police, the courts, and the corrections system.

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9
Q

norms

A

Established rules of behaviour or standards of conduct in a given society. can be culturally relative.

taught via observation and conditioning, like gender roles

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10
Q

legal definition of crime

A

A crime is an act or omission that violates the criminal law and is punishable with a jail term, a fine, and/or some other sanction.

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11
Q

white-collar crime

A

Crime that is committed by people in the course of their legitimate business activities.

slowly pocketing money

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12
Q

human rights

A

The minimum conditions required for a person to live a dignified life. Among the rights set out by the Universal Declaration of Human Rights are the right to life, liberty, and security of the person; the right to be free of torture and other forms of cruel and degrading punishment; the right to equality before the law; and the right to the basic necessities of life.

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13
Q

Human Rights Violations as Crime

A

a definition of crime based
on human rights rather than on legal statutes. If an action violated the basic rights of humans to obtain the necessities of life and to be treated with respect and dignity, criminologists should consider it a crime.

explicitly places criminology on the side of the poor
and powerless.

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14
Q

A Continuum of Crime and Deviance

A

deviance and crime be considered on a continuum
ranging from the least serious to the most serious acts. Seriousness can be
assessed on three dimensions:
1. The degree of consensus that an act is wrong.
2. The severity of the society’s response to the act.
3. The assessment of the degree of harm of the act, how many people hurt?

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15
Q

Crime Is Socially Defined

A

there is no type of behavior that everybody universally condemns, unlike elements, crime does not exist without society

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16
Q

Questioning the The Social Relativity of Crime

A

Since crime is socially defined, the rules can change. homosexuality is no longer a crime. what is defined as a crime changes with our values

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17
Q

The Consensus Approach

A

Laws represent the agreement of most of the people in society that certain acts should be prohibited
by the criminal law.

Consensus theorists believe that law represents the consensus of the people. That is, the law reflects the values shared by most members of a society.

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18
Q

values

A

A collective idea about what is right or wrong, good or bad, and desirable or undesirable in a particular culture.

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19
Q

The Conflict Approach/theory

A

Conflict theorists do not believe that laws reflect a consensus of members of
society. Class conflict theorists believe that laws are passed by members of the ruling class to maintain their privileged position by keeping the common people
under control.

think the Indian act

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20
Q

Group Conflict Theory

A

A theory that attempts to explain certain types of criminal behaviour as resulting from a conflict between the interests of divergent groups.

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21
Q

Green Criminology

A

the debate about the causes and consequences of environmental destruction, and to use their expertise to help address this problem.

Green criminology is rooted in the environmental and animal rights movements. Environmental issues include air and water pollution and harm to natural ecosystems such as oceans and forests.

Green criminologists believe that criminology should study socially harmful
actions as well as acts that violate the criminal law.

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22
Q

terrorism

A

The illegitimate use of force to achieve a political objective by targeting innocent people.

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23
Q

Terrorism and Rule of Law

A

many countries use the reasoning of “threat disruption” to spy on citizens and violate their rights

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24
Q

Surveillance Studies

A

the government and other corporations are always watching bc they want our data

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25
Q

Facebook, Google, Amazon, DNA, and Your Privacy*

A

Facebook makes money by selling access to personal information. Because of the information people provide to the site, Facebook can charge a premium for ads that are tailored to the interests of a particular audience.

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26
Q

deviance

A

any behaviour that violates social norms, standing out, can be negative or positive, socially constructed

looking disheveled vs high iq

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27
Q

social norms

A

acts a silent roadmap that guides behavior, operate silently until the norms are broken (like sports equipment) we just kinda know when norms are broken.

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28
Q

deviance is contextual

A

what’s normal for friend group A could be shunned in friend group B,

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29
Q

deviance is socially constructed

A

nothing is naturally deviant, theft is deviant because we live in a capitalist society, there isn’t something that is deviant everywhere

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30
Q

deviance is culturally relative

A

muslims can’t eat pork but the west has lots of pork products, honorifics, tipping, folklore

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31
Q

ABC of deviance

A

attitudes may brand people as deviant, such as political or religious beliefs

behaviors-the things that one does and how they fit or stand out in society like speech and dress

conditions-things acquired from birth that is either biological, psychological, or family related, you can’t get rid of it.

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32
Q

social harmfulness argument

A

people assume deviance is harmful behavior and should be controlled for that reason

a physical and social reality argument

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33
Q

physical argument

A

deviance causes physical damage to people or objects (doesn’t account for positive deviance)

smoking weed was “said” to provoke insanity, murder, mental defect, interracial sex

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34
Q

social reality argument

A

the idea that certain ideologies are harmful so they need to be controlled, they are “world destroying” and creates opposition bc they shake up the assumption that life is orderly, understandable and meaningful.

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35
Q

4 issues with the social harmfulness agreement

A
  1. not all deviance is harmful in the same way
  2. some conduct is seen as less deviant compared to others (making kids watch a violent movie vs porn)
  3. some deviance that is harmful is celebrated (andrew tate, military)
  4. can’t deal with the positive outcomes of deviance (climate activists like greta)
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36
Q

what is a crime?

A

no crime without accusation
there is no universal definition for crime, legally: anything that goes against the code of law

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37
Q

2 parts of a crime

A

actus reas-the act, the context, and the consequences (non mental stuff)

mens rea-the mental aspect, the intent and implications along with any mental disabilities

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38
Q

subjective mens rea

A

is based on the notion that accused persons may not be convicted of a criminal offence unless:
(a) they intended to suffer the consequences of the law
(b) realized what they were doing was illegal but continued anyways
(c) were willfully blind in that they deliberately closed their minds to the obvious criminality of their actions.

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39
Q

objective mens rea

A

The mens rea elements of a criminal offence are considered to be objective if they are based on a determination of whether a reasonable person (defined by jury), in the same
circumstances and with the same knowledge as the accused, would have appreciated the risk involved in the accused’s conduct and would have taken steps to avoid the commission of the actus reus elements of the crime in question.

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40
Q

crime

A

Conduct that is prohibited by law and that is subject to a penal sanction (such as imprisonment or a fine).

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41
Q

criminal law

A

A body of jurisprudence that
includes the definition of various crimes, the specification of
various penalties, a set of general principles concerning criminal responsibility, and a series of defences to a criminal charge.

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42
Q

where does criminal law come from?

A

There are two primary sources of Canadian criminal law: (1) legislation, and (2) judicial decisions that either interpret such legislation or state the “common law.”

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43
Q

3 elements of crime

A

(1) a prohibition against certain conduct
(2) a penalty for violating that prohibition.
(3) the Supreme Court of Canada has
ruled that the prohibition and penalty must be directed against a “public evil”
or some form of behaviour that is having an injurious effect on the Canadian public.

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44
Q

criminal procedure

A

A body of legislation that specifies the procedures to be followed in the prosecution of a criminal case and that defines the nature and scope of the powers of criminal justice officials.

45
Q

the criminal code classifies 3 types of crime

A

(1) indictable offences, (2) offences punishable on summary conviction,
and
(3) “mixed” or “hybrid” offences, which may be tried either as indictable or as summary conviction offences.

46
Q

“true crime”

A

A “true crime” occurs when an individual engages in conduct
that is not only prohibited but
also constitutes a serious breach of community values;

as such, it is perceived by Canadians as inherently wrong and deserving of punishment. Only the Parliament of Canada, using its criminal law
power under the Constitution Act,
1867, may enact a “true crime.”

47
Q

regulatory offences

A

Regulatory offences arise under legislation (either federal, provincial, or territorial) that
regulates inherently legitimate activities connected with trade,
commerce, and industry or with
everyday living (driving, fishing, etc.). These offences are not considered to be serious and usually carry only a relatively
minor penalty upon conviction. Indeed, many regulatory offences are sanctioned by means of a ticketing system, and the fines may often be paid online.

48
Q

common law

A

The body of judge-made law that has evolved in areas not covered by legislation.

49
Q

Charter

A

judges to declare any piece of legislation to be invalid—and of no force or effect—if the latter infringes on an individual’s Charter rights.

The Canadian Charter of Rights and Freedoms is part of the Canadian constitution. The Charter sets out
those rights and freedoms that Canadians believe are necessary in a free and democratic society.

50
Q

party to a crime

A

anyone who
(1) actually commits it, (2) aids another person to commit it
(3) abets (encourages) any person to commit it.

common intention between people to commit a crime

51
Q

inchoate crime

A

crimes that have not been “completed” but can still lead to an offense

like attempted murder, no one was actually killed but you can still be charged, or a kidnapping that has a separate end goal of ransom

52
Q

counselling

A

Procuring, soliciting, or inciting
another person to commit a crime.

53
Q

criminal attempt

A

begins only once the preparation is complete. The accused will then perform a series of acts with the intention of committing the offence.

if you buy a plane ticket to a city with a bank you intend to rob, not enough evidence. but if you show up to the bank doors then you could be charged

54
Q

conspiracy

A

An agreement by two or more persons to commit a criminal offence.

55
Q

NCRMD

A

The special verdict of “not criminally responsible on account of mental disorder.” In order to be found NCRMD, it must be proved
on the balance of probabilities that, because of mental disorder, the accused lacked the capacity to
appreciate the nature and quality of the act or omission in question or to know it would be considered
morally wrong by the average Canadian.

56
Q

mistake of fact

A

Mistake of fact may be a defence
where the accused person acts under the influence of an honest
mistake in relation to any of the elements of the actus reus of the
offence charged.

marrying a new person bc you don’t know that your old spouse is dead-not a crime

57
Q

necessity

A

There was some type of imminent peril or danger; There was no reasonable legal alternative other than commit the offence

Necessity may be a defence to a criminal charge when the accused person commits the lesser evil of a crime in order to avoid the occurrence of a greater evil.

58
Q

duress

A

Duress may be a defence to a
criminal charge when the accused was forced to commit a crime as a consequence of threats of death or serious bodily harm made by
another person.

“do this or i will def kills u”

59
Q

self-defense

A

Despite its close links to necessity and duress, self-defense, on the other hand, is a justification. . . . It “challenges the wrongfulness of an action which technically constitutes a crime”.

60
Q

provocation

A

defence to a charge of murder (if successful, it reduces the offence from murder to manslaughter). The
required elements of provocation are

(1) that the accused responded to the commission of a serious crime by the victim against the accused in circumstances that were of such a nature that an
ordinary person would have been likely to lose the power of self-control

(2) that the accused acted “on the sudden and before there was time for his (or her)
passion to cool.”

61
Q

self-defence

A

Section 34 of the Criminal Code states that a person may use a reasonable amount of force in self-defense if she or he reasonably believes that they or another individual are the target of actual force or that a threat of force is
being made against them.

For example, the Supreme Court of Canada has emphasized the need to ensure that women who are the victims of domestic violence are judged by the
standards of “reasonable women” who face the same circumstances of ongoing
abuse and not by the standards of “reasonable men” brawling in a bar.

62
Q

how do we get info on crime?

A

news, anecdotal evidence, amount of cops, police websites

but no one talks to a criminologist

63
Q

methodology

A

Refers to the study or critique of methods. (for data collection specifically)

64
Q

reliability

A

Reliability refers to consistency of results over time.

65
Q

validity

A

The extent to which a tool or
instrument (questionnaire,
experiment) actually measures the concept the researcher claims to be interested in and not something else.

66
Q

crime rate

A

Criminologists calculate crime
rates (or rates of incarceration, conviction, or recidivism) by dividing the amount of crime by the population size and
multiplying by 100,000. This
produces the standard rate per 100,000; occasionally it is useful to calculate a rate per million or some other figure when looking at less frequently occurring offences.

67
Q

population

A

Refers to all members of a given class or set. For example, adult Canadians, teenagers, Canadian inmates, and criminal offenders can each be thought of as a population.

68
Q

theory

A

A set of concepts and their
nominal definitions or assertions about the relationships between these concepts, assumptions, and knowledge claims.

69
Q

ideology

A

A linked set of ideas and beliefs that act to uphold and justify an existing or desired situation in society.

70
Q

administrative record

A

A collection of information about individual cases.

71
Q

levels of aggregation

A

Refers to how data are to be
combined. Do we want city-level, provincial, or national data?

72
Q

data element

A

Specification about what exactly is
to be collected.

73
Q

counting procedure

A

A consensus on how to count units
and data elements.

74
Q

Canadian Centre for Justice
Statistics

A

A division of Statistics Canada,
formed in 1981, with a mandate to collect national data on crime and justice.

75
Q

dark figure of crime

A

The amount of crime that is
unreported or unknown.

76
Q

Uniform Crime Reports (UCR)

A

Since 1962, Statistics Canada
has published the Uniform Crime Reports based on a standardized set of procedures for collecting and reporting crime information.

from the police, not accurate bc of the dark figure of crime

77
Q

three factors that lead to crime

A

economic need, administrative changes (how changes to things like policing affects the crime rate), demographic changes (like age)

78
Q

3 other ways to get a better picture of crime

A

victimization studies, self report studies, participant and non participant observers

79
Q

why don’t people report crime?

A

too minor, shame, social ramifications, unsure if something is a crime, further charges and progress, blackmail, distrust of police, hassle, might also be guilty, reported to another official

80
Q

what crimes are most likely to be reported

A

crimes that constitute a financial loss (insurance), prison counts (which are the best statistic that we have

81
Q

most common crimes

A

theft under 5k, drug offenses, administrative justice issues (failing to appear in court, breach of probation/conditions), common assault

82
Q

what is the fasted growing crime and why?

A

fraud, due to the digital nature of transactions and personal information

83
Q

seriousness rule

A

If there are several crimes
committed in one incident, only the most serious crime is counted. UCR1.0 uses the seriousness rule.

84
Q

gross counts of crime

A

A count of the total amount of
crime in a given community,
making no distinction between crime categories.

85
Q

victimization survey

A

A survey of a random sample of the population in which people are asked to recall and describe their own experience of being a victim of crime.

86
Q

sample

A

A group of elements (people,
offenders, inmates) selected in a systematic manner from the population of interest.

87
Q

what age range is the most susceptible to crime?

A

18-24

88
Q

self-report study

A

A method for measuring crime involving the distribution of a detailed questionnaire to a sample of people, asking them whether
they have committed a crime in a particular period of time. This has been a good method for criminologists to determine the social characteristics of offenders.

89
Q

participant vs non-participant observation

A

participant-getting in on the illegal shit, can be dangerous and usually requires that you find a gatekeeper aka someone to let u in, small sample size, time consuming

non-par.-like watching a hockey game and taking notes

90
Q

when does ethics find expression

A

how we “ought” to behave, ethics aren’t entirely formalized and need to be established in governments

91
Q

why does research require ethics?

A

if it involves living objects then it becomes very important that the good outweighs any possible risks

92
Q

nuremburg code

A

est. 1948 and started that the voluntary consent of humans is essential, the volunteers are educated, any risks are reduced. participants are protected by harm, participants can withdraw at anytime, all researchers are qualified, the study will be stopped if any adverse things come up, society should benefit from the study, research on humans are based of animals or other studies first, a study should never begin if there is reason to believe that death or injury may be a result.

93
Q

declaration of helsinki

A

1964, world medical association established recommendations guiding research involving human subjects, research protocols should be reviewed by a committee, informed consent is needed, researchers should be qualified, risks should not exceed benefits

94
Q

researchers must (usually) ensure

A

anonymity, confidentiality, research causes no harm to participants, informed consent of participants, no

95
Q

correlate

A

A phenomenon that accompanies another phenomenon and is
related in some way to it.

96
Q

what are the strongest correlates of crime

A

age and gender

97
Q

troubling vs troubled

A

troubling-sees person as the source of the problem, affects the response they get

troubled-having issues that relate to offending behavior, recognition and validity, not just looking at the outcome

98
Q

how does the public perceive youth?

A

as inherently delinquent

99
Q

maturational reform

A

The fact that people are less likely to commit crime as they grow older.

more pressure to conform and more secure employment, relationships, commitments, etc

100
Q

what sex commits and is accused of more crime? why?

A

males, traditional gender roles educate them less about violence and lower levels of emotional attachment to their family-due to social structure

101
Q

role convergence hypothesis

A

The hypothesis that as the work roles of women become similar to those of men, so will their
involvement in crime.

102
Q

differential offending
hypothesis

A

There are actual differences
between racial groups in terms of the incidence, level of seriousness, and persistence of offending
patterns.

103
Q

differential treatment
hypothesis

A

Structural inequality in the
administration of justice
(from police patrols to
courtrooms to correctional
services) is responsible for the overrepresentation of minority groups in the criminal justice
process.

104
Q

problems confronting Indigenous peoples in the Canadian criminal justice process:

A

more likely to be denied bail, more time spent in pretentrial detention, accused for more crimes-often admin ones, less able to spend time with lawyers 2x more likely to be incarcerated, intimudated by the court, lack or rep for elders

105
Q

social constructionist
approach to crime

A

This approach questions the idea that there is an observable or measurable social reality, and instead proposes that a crime
is whatever a particular society defines it to be.

106
Q

critical race theory

A

an interdisciplinary academic field devoted to analyzing how laws, social and political movements, and media shape, and are shaped by, social conceptions of race and ethnicity. CRT also considers racism to be systemic in various laws and rules, and not only based on individuals’ prejudices.

107
Q

racialization

A

A process in which categories of
the population are constructed, differentiated, inferiorized, and excluded.

deciding that some traits or characteristics are typical to certain races and race is very socially significant

108
Q

3 factors that link drugs and alcohol to crime

A

First, efforts to support
an addiction can lead to involvement in crimes

second, individuals may commit crimes because they are under the influence of drugs or alcohol

third, the mere possession of illegal drugs in and
of itself is a crime.

109
Q

SES and crime

A

the crimes that people in lower SES are more policed and their situation may compel them to take drastic measures while high SES people also commit crimes but those that are harder to keep track of or are less policed`