midterm 1 Flashcards
criminology
the scientific study of crime and criminals.
studying crime as a social phenomena
6 main areas of the criminology discipline
- the definition of crime and criminals
- the origins and role of law
- the social distribution of crime
- the causation of crime
- patterns of criminal behavior
- societal reactions to crime.
defining crime and deviance
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?
origins and role of the law
legislative and judicial branches
Questioning the social distribution of crime
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.
Questioning the Causation of Crime
why some people
commit crimes while others live more law-abiding lives.
Questioning the Patterns of Criminal Behaviour
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?
What are the Societal Reactions to Crime
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.
norms
Established rules of behaviour or standards of conduct in a given society. can be culturally relative.
taught via observation and conditioning, like gender roles
legal definition of crime
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.
white-collar crime
Crime that is committed by people in the course of their legitimate business activities.
slowly pocketing money
human rights
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.
Human Rights Violations as Crime
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.
A Continuum of Crime and Deviance
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?
Crime Is Socially Defined
there is no type of behavior that everybody universally condemns, unlike elements, crime does not exist without society
Questioning the The Social Relativity of Crime
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
The Consensus Approach
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.
values
A collective idea about what is right or wrong, good or bad, and desirable or undesirable in a particular culture.
The Conflict Approach/theory
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
Group Conflict Theory
A theory that attempts to explain certain types of criminal behaviour as resulting from a conflict between the interests of divergent groups.
Green Criminology
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.
terrorism
The illegitimate use of force to achieve a political objective by targeting innocent people.
Terrorism and Rule of Law
many countries use the reasoning of “threat disruption” to spy on citizens and violate their rights
Surveillance Studies
the government and other corporations are always watching bc they want our data
Facebook, Google, Amazon, DNA, and Your Privacy*
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.
deviance
any behaviour that violates social norms, standing out, can be negative or positive, socially constructed
looking disheveled vs high iq
social norms
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.
deviance is contextual
what’s normal for friend group A could be shunned in friend group B,
deviance is socially constructed
nothing is naturally deviant, theft is deviant because we live in a capitalist society, there isn’t something that is deviant everywhere
deviance is culturally relative
muslims can’t eat pork but the west has lots of pork products, honorifics, tipping, folklore
ABC of deviance
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.
social harmfulness argument
people assume deviance is harmful behavior and should be controlled for that reason
a physical and social reality argument
physical argument
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
social reality argument
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.
4 issues with the social harmfulness agreement
- not all deviance is harmful in the same way
- some conduct is seen as less deviant compared to others (making kids watch a violent movie vs porn)
- some deviance that is harmful is celebrated (andrew tate, military)
- can’t deal with the positive outcomes of deviance (climate activists like greta)
what is a crime?
no crime without accusation
there is no universal definition for crime, legally: anything that goes against the code of law
2 parts of a crime
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
subjective mens rea
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.
objective mens rea
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.
crime
Conduct that is prohibited by law and that is subject to a penal sanction (such as imprisonment or a fine).
criminal law
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.
where does criminal law come from?
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.”
3 elements of crime
(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.