midterm Flashcards

Question

doli incapax;

Answer 1

A legal doctrine that, literally translated, means “incapable of doing harm” and refers to the English common-law presumption that children between 7 and 14 years of age could not be prosecuted for committing criminal offences, unless this presumption was contested by the Crown. Literally meaning “incapable of crime,” this was a common principle in the English common law tradition that assumed young people (generally younger than 13 years) had the capacity to comprehend the wrongfulness of their actions.

Answer 2

The general view that individuals who are not adults should not be held fully responsible for their criminal behaviour.

Answer 3

Canada’s first juvenile delinquency legislation enacted in 1908 and in force until 1984. individual provinces could set their own maximum age of jurisdiction of the JDA at anywhere between 15 and 17 years old, while different age cate- gories could also be selected for males and females. This was the case in Alberta, where the maximum age of jurisdiction was 15 for boys and 17 for girls (Hackler 1978). In addition, although all Western countries eventually established separate criminal court processes and institutions for dealing with juvenile offenders, the specific nature and timing of these developments varied considerably and, in some jurisdictions, occurred only quite gradually over the course of the first half of the twentieth century

Answer 4

Behaviours that are considered delinquent or criminal only because the person who engages in the behaviour is not yet an adult. Examples include truancy (e.g., skipping school), underage drinking, and promiscuous sexual behaviour.

Answer 5

Sentences of incarceration that have no fixed expiration date, which means that a person can be held in custody until he or she is deemed by correctional officials either to be rehabilitated or to no longer pose a threat to society.

Answer 6

The federal legislation that replaced the Juvenile Delinquents Act from 1984 to 2003.

Answer 7

The federal legislation enacted in 2002 to replace the Young Offenders Act and which came into effect on 1 April 2003. When the YCJA was enacted in 2002, for instance, it contained sections that provided for the harsher, adult-like punishment of violent young offenders while re- stricting the use of custody sentences for youth convicted of non-violent crimes. The Act also introduced a wide range of formal and informal extrajudicial measures for diverting first-time and less serious young offenders out of the youth justice system. Such measures included police warnings, cautions, and community-based conferences. In effect, these measures made Canada’s new youth criminal justice system, at least formally on paper, a bifurcated youth justice system—“wherein petty and non-serious offenders would be handled through community-based and diversionary programs while serious and violent offenders would be subject to more carceral and punitive interventions”

Answer 8

Literally, a two-pronged justice system, meaning that it provides avenues for diverting first-time and less serious young offenders out of the system while at the same time making possible more punitive forms of punishment for more serious offenders.

Answer 9

The dismantling of a distinct system of criminal justice for youth and the re-merging with systems of justice for adults.

Answer 10

Young people who are “at risk” of offending or being victimized due to various social, family, and/or personal factors.

Answer 11

The Canadian Centre for Justice Statistics, a branch of Statistics Canada, collects offender and offence data from the police, courts, and corrections for administrative purposes. The Centre produces regular reports that are readily available to the public.

Answer 12

Refers to data that are collected and usually published by private or independent researchers or research facilities. The primary data-collection techniques are self-report surveys and victimization surveys. Unofficial data are often used to enhance official data.

Answer 13

Under section 4 of the YCJA, there are provisions under the extrajudicial measures that allow for charges to be laid if the young person fails to comply with his or her disposition or fails to appear before the court. The charge can be initiated by either the police or the Crown.

Answer 14

For young offenders, this is the equivalent of sentencing for adults. Under the YCJA, a disposition should in theory be more rehabilitative and/or restorative than retributive.

Answer 15

The namesake of the law is 19-year-old Sebastien Lacasse, who was beaten and stabbed to death at a 2004 house party in Quebec by a 17-year-old. The incident prompted the courts to consider adult sentences for youth age 14 or older found guilty of serious crimes like murder and aggravated assault. In 2012, the Omnibus Crime Bill was passed, which include an amendment of Section 3(1)(a) of the YCJA to read “protect the public,” which encompasses the spirit of Sebastien’s Law.

Answer 16

Repetition of criminal and/ or delinquent behaviour. Recidivism can be measured through official sources or through self- report surveys.

Answer 17

A social-science questionnaire survey designed to ask respondents to report on their involvement in criminal or delinquent activities. Although self-report studies have become more popular and are proving to be useful in helping to uncover the “dark figure” (i.e., unreported or unrecorded crimes) for certain offences, they are not without their limitations. Some of the more common limitations to conducting SR studies with youth include young people’s literacy level and ability to comprehend questions, their short-term versus long-term memory, the extent to which they are willing to give information voluntarily, and the fact that respondents may exaggerate their answers in order to conform—or may even telescope their answers by admitting to something that took place before the actual reference period.

Answer 18

A social-science questionnaire survey designed to measure the experiences of respondents as victims of crime(s). VICTIMIZATION SURVEYS Began in Canada in early 1980s Today: Canadian Social Survey Done every 5 years 20,000 people interviewed A stratified random sample; pop divided by sub groups Questions about past victimization •Can be used to better understand unreported crime •Also research orientated •Need to ask very specific questions Also found that there is a strong correlation between youth who are involved in crime and youth who are victims of crime

Answer 19

A research methods technique that involves using more than one source of criminological data to assess the validity of what is being observed. For example, this technique can include combining official crime data with self-report data to obtain a clearer picture of crime or delinquency facts.

Answer 20

Appealing to or aiming at what are popular concerns among the public. In the context of criminal justice, this may include tough-on- crime-style legislation, or policy.

Answer 21

The court in which young people charged with an offence created by Parliament—usually under the Criminal Code or the Controlled Drugs and Substances Act—appear in order to enter a plea and then to have their trial or be sentenced.

Answer 22

Responses to transgressions that aim to keep involved parties out of the justice system. Under the YCJA, this includes extrajudicial measures and extrajudicial sanctions.

Answer 23

An underlying concept in corrections that seeks to repair the harmful attitudes and behaviours of an offender through specialized treatment(s).

Answer 24

The YCJA includes provisions intended to ensure meaningful consequences for young people for their actions, with the intent of making clear that they are being held accountable for wrongdoing.

Answer 25

Rapidly appearing moments of diminished mental health associated with stress of transitioning through stages of life. Youth are particularly prone to these stressors as they attempt to navigate the challenges of young adulthood. While these events are often very distressing, they are generally short-term and they respond well to treatment.

Answer 26

Canada’s approach to youth justice assumes that young people have not reached the same level of moral and social development as an adult.

Answer 27

Literally translates to “practical wisdom about the law” and describes the process by which past legal interpretations of policy or law inform present applications.

Answer 28

An expectation that the severity of sanctions given for an unlawful act align with the level of harm tha the act inflicts. Justice-involved youth in Canada are subject to a qualified version of proportionality that considers their diminished blameworthiness

Answer 29

A legal philosophy that gives primacy to retributive punishments over deterrence or rehabilitation.

Answer 30

Literally translates as “parent of the nation;” a historic legal doctrine that the state has a duty to assume the role of a substitute parent in the case of delinquent or dependent children who do not have parents who are able to adequately control or care for them.

Answer 31

The YCJA defines a parent as any person who has a legal duty to provide for a young person, or any person who has custody or control of a young person otherwise.

Answer 32

A process whereby all the parties with a stake in an offence resolve collectively how to deal with the aftermath of the offence and its implications for the future.

Answer 33

The diverting of young offenders from the formal youth justice system before they are charged with an offence by the police under the Criminal Code.

Answer 34

A process whereby, in the attempt to divert individuals away from the criminal justice system, specific policies result instead in a higher number of individuals being formally processed.

Answer 35

The detention of a young person who has been charged with a Criminal Code offence in a youth custody facility as the youth awaits his or her trial/next court date.

Answer 36

A promise made by someone connected to the youth to pay the court money if the young person, who was released on bail, fails to return to court on the subsequent court date.

Answer 37

Occurs before the case proceeds to trial and is a hearing in which the judge can determine if there is enough evidence to proceed to trial.

Answer 38

Report prepared by a probation officer or youth centre counsellor in Quebec; these written documents present the youth court with detailed information on the young person before his or her sentencing.

Answer 39

Under the YCJA, relatively formal diversion programs that have been authorized by the provincial authorities.

Answer 40

Young people, also referred to as “dually involved” or “multi-system” youth, who become part of the protective child welfare system because of maltreatment, subsequent removal from the home, and placement in foster care, and who later become involved in the youth justice system.

Answer 41

Situations or environments that cause or exacerbate criminal behaviours. These can even include institutions or programs that have been designed to reduce such behaviours.

Answer 42

Based on the Criminal Code’s definition, a mental disorder is viewed as a “disease of the mind.” For an individual to be found NCRMD, there must be a mental abnormality (not caused by voluntary intoxication, temporary mental conditions, or uncontrollable urges) causing significant impairment to preclude the individual’s understanding of their behaviour.

Answer 43

When an individual is not fully capable of instructing counsel or understanding the nature and consequences of their trial.

Answer 44

Instruments used to identify youth who have exhibited characteristics associated with delinquency or criminal conduct (including mental health issues) and assist in their referrals to appropriate programs and services.

Answer 45

Instruments used to assess the multitude of risk and protective factors that have been and/or are present in young people’s lives that can influence the likelihood of recidivism. Youth are rated as low, medium, or high risk, and individualized interventions are developed based on these risk assessment outcomes.

Answer 46

Unchangeable risk factors; they include those traits that may contribute to an individual’s offending and recidivism and that cannot be altered through rehabilitation programming.

Answer 47

Changeable risk factors; they are factors that may also contribute to criminal behaviour but that can be modified through targeted interventions and/or treatment.

Answer 48

The designated time frame during which a young person’s youth record is active or disclosable and can be shared among relevant individuals attached to the young person as outlined in the YCJA (e.g., the youth, his or her parents, defence counsel, Crown counsel, or correctional facility director).

Answer 49

The approach in which the interests of a young person are paramount in decision- making regarding his or her experience in the criminal justice system.

Answer 50

Under the Youth Criminal Justice Act, the sentencing of a young person to custody.

Answer 51

A form of custody under the YCJA whereby youth are removed from a community and confined to an institution.

Answer 52

The stigmatization of a young person as deviant.

Answer 53

The introduction of the young person back into the community after a custodial sentence as a productive member of society.

Answer 54

The ability of children and youth to develop positive self-esteem and self-efficacy despite facing a crisis, challenges, or adversity.

Answer 55

Circumstances and experiences that buffer young people’s involvement in behaviours that would be damaging to themselves and others.

Answer 56

The meaningful participation and sustained involvement of a young person in an activity that has a focus outside of him- or herself. Full engagement consists of a behavioural component, an affective component, and a cognitive component.

Answer 57

Exaggerated fears about social problems, including youth deviance, partly generated by the media.

Answer 58

Any group that is perceived to pose a threat to the traditional values and institutions of society.

Answer 59

The analysis of media content for themes such as sensationalism or distortion.

Answer 60

The hypothesis that the media inundate the public with ideas about crime.

Answer 61

When a current issue is framed in terms of its relation to a previous one.

Answer 62

Where the portrayal of persons is ambiguous—for example, a young offender is portrayed as both villain and victim.

Answer 63

Analyzing media content to see how crime and criminals are depicted.

Answer 64

An approach in sociolinguistics that links discourse with political structure.

Answer 65

focuses on how negative situations, or strains, can lead to crime. He explores emotional reactions to strain and details how other factors influence people to respond to strain with crime. In the theory, three broad areas of strain are outlined Strain (e.g., Failure to achieve goals; removal of positive stimuli; presentation of negative stimuli) X Conditioning factors; Self-esteem, self-efficacy, deviant values, deviant peers, low social control, negative emotionality/low constraint > Negative emotions; Anger, frustration, depression > Criminal coping

Answer 66

Failure to Achieve Goals Removal of Positive Stimuli Presentation of Negative Stimuli

Answer 67

The impact of strain may vary depending upon its severity, duration, recency, and centrality. Strains that are severe, long term, frequent, and recent can all generate a greater like- lihood of offending. Certain older forms of strain, including severe child abuse, however, can have longer-term effects. Extreme events that jeopardize an individual’s central values, goals, needs, and identity are also more criminogenic. Strains associated with, or caused by, low social control (a lack of conventional commitments, attachments, and supervision) also increase illegal coping probabilities. All of these variations in strain in- crease the likelihood of criminal coping because they reduce the perceived costs of crime. Finally, certain strains (e.g., criminal victimization and physical abuse) provide access to the values, beliefs, and models that support and reinforce criminal coping strategies

Answer 68

The first broad area of strain detailed in GST is the failure to achieve positively valued goals. This form of strain, however, can be further divided into three sub-areas. The first sub-form, similar to the classic strain theory argument, encompasses the disjunction between achievement aspirations and achievement expectations. Here, a gap between what people desire and what they expect to achieve leads to unpleasant feelings that pressure them into crime to meet those aspirations. The second sub-area focuses on the disjunction between expected achievements and actual achievements. This moves away from aspirations that are often unrealistic. A gap between more realistic achievement expectations and what is actually achieved motivates individuals to utilize crime to address the gap. The third sub-area centres on the disjunc- tion between just or fair outcomes and actual outcomes. When people experience out- comes that are different from what they believe to be fair or just, they may use crime to alter the outcomes.

Answer 69

The second broad source of strain is the anticipated or actual removal of positively valued stimuli. These stimuli might include property or relationships (e.g., losing a romantic partner; having something stolen). Potential deviant responses to losses may include trying to prevent the loss (e.g., fight for the property), seeking revenge against those who removed the stimuli, or attempting to recover or replace the lost stimuli (e.g., theft). Drug and alcohol use may also address the negative emotions that losing positively valued stimuli generate.

Answer 70

The third broad source of strain is the anticipated or actual presentation of negative stim- uli. Examples of negative stimuli include criminal victimization, child abuse, and adverse school environments. Deviant responses to negative stimuli may include attempting to avoid or escape the stimuli (e.g., truancy), or seeking revenge against the source. Individ- uals may also attempt to bring an end to the stimuli through direct confrontation. Finally, the negative emotions generated by the negative stimuli can be addressed with drug and/ or alcohol use.

Answer 71

Charles Tittle’s (1995, 2004) control balance theory focuses on how control—either having it or not having it—can be criminogenic. The idea of being controlled keys on how an individual’s behavioural choices are restricted by others who have the power or re- sources to impede or assist in goal achievement. Being controlled also includes physical or social-structural arrangements that block goal attainment. Exercising control, in contrast, focuses on how people escape the behavioural restrictions imposed by others. It also refers to a person’s capacity to overcome structural or physical obstacles to realize goals. It might also include the ability to help or impede others in their goal quests. control balance; The degree of control that an individual perceives they have over their environment relative to the degree of control they perceive their environment has over them. Tittle’s control balance theory suggests that deviance is likely to occur either when people are controlled too much or too little. Everyone is controlled, we can also be controlling, depends on level of power we have. We can be subjects of control or people in positions of power and control Can explain youth crime as well as corporate crime. Control ratios (being controlled vs controlling) influence motivation, provocation, opportunity and constraint. Control balance theory states that deviant acts are the result of both insufficient and excessive controls. People arent born criminal, based on your environment Conformity is when there is a Control Balance Control Deficits: people are more controlled than controlling= repressive deviance like street crime Control Surplus: people are more controlling than controlled = white collar/corporate crime Tested with self report

Answer 72

Mark Colvin (2000) outlines a theory that integrates social control, social learning, general strain, control balance, and the general theory perspectives with a Marxist approach to explain offending. Central to this perspective are two dimensions of control. The first is coer- cion, which ranges from extremely coercive to completely non-coercive. Coercion is punitive, causing emotional and/or physical pain as well as taking away vital sources of instrumental and social support. The second dimension is the consistency with which coercion is delivered. Consistency can range from highly erratic to extremely consistent

Answer 73

A personal or an impersonal force that compels or frightens individuals to behave in a certain way. Wikström’s (2006, 2012) situational action theory (SAT) strives to understand how per- sonal and environmental factors influence people’s decision to engage in crime. SAT out- lines that crimes are best understood as moral actions, or behaviours shepherded by moral rules. Moral rules outline behavioural acceptability in specific situations and crimes are violations of moral rules outlined by laws. moral actions; Actions steered by moral rules that outline what behaviours are allowed or disallowed in particular circumstances.

Answer 74

Events or life circumstances that weaken or destroy the relationships, attachments, and activities that provide barriers to engaging in criminal activities.

Answer 75

A developmental model that outlines how crime in adolescence has negative consequences for future life chances in areas such as education, relationships, and employment, and increases the likelihood that criminal behaviour will continue into adulthood. These in turn undermine further life chances, escalating the probability of continued, persistent criminal behaviour.

Answer 76

The control over people’s behaviour that develops as a result of relationships and attachments to significant others and investments in conventional activities that could be damaged by engagement in illegal activities. life-course turning points; Events such as marriage/ divorce or employment/ unemployment that serve to direct an individual’s developmental criminal career path toward either desistance or onset.

Answer 77

Paths or avenues of development throughout the lifespan. These are long-term patterns of behaviour that often consist of marriage, parenthood, employment, and involvement in criminal activities.

Answer 78

The choices individuals make to become involved in certain relationships, be they work or personal, that are situated under certain structural and historical conditions and that can influence future behaviour.

Answer 79

Individuals who begin their offending in, and restrict their offending to, adolescence.

Answer 80

Individuals who begin their offending in early childhood and continue to engage in offending throughout adolescence and adulthood.

Answer 81

Youth who do not offend because of negative personality characteristics, social and biological maturation consistent with each other, and a lack of exposure to criminal peers.

Answer 82

An individual’s probability of undertaking criminal and other anti-social behaviours.

Answer 83

The probability of a person engaging in a criminal or anti-social act that develops as a result of life events, socialization, strain, anti-social models, and impulsiveness.

Answer 84

The probability of engaging in offending that is influenced by factors limited in time, including intoxication, peers, and negative emotions.

Answer 85

Youth who exhibit anti-social behaviour in preschool years, have early arrest and chronic offending in adolescence, and become adult career offenders.

Answer 86

Youth who begin offending in adolescence with patterns of criminal behaviour that are transient rather than chronic and that dissipate upon entry into adulthood.

Answer 87

A theoretical approach that emphasizes non-violent punishment and stresses alternative criminal justice approaches, including restoring the offender to the community, rather than deterrence and retribution.

Answer 88

Guidelines for behavioural decisions regarding crime that people derive from their regular activities, offending experiences, and knowledge.

Answer 89

Like was mentioned last week, Focus more on law making/law makers than rule breaking/rule breakers Why are some behaviours controlled in society when others are not? Are behaviours that cause the most damage to society the ones the most likely to be criminalized? Ex The Ontario Safe Streets Act (2000) Challenged twice Banned soliciting on a roadway and various forms of “aggressive panhandling.” Squeegee kids Why was this Act needed? Did the public need protection? Harm caused by the Act: problems of unpaid fines and other ways of making money? The Criminalization of Homelessness?

Answer 90

Grew out of Hirschi’s earlier control theory Crime and other analogous behaviours caused by low self-control, weka attachments, weak motivations etc Young people often involved in numerous types of deviant behaviour, not just one type of crime, defined as general Low self-control leads to short-term gratification and risk taking Low self control is number one predictor of deviance Self-control is internalized early in life, if you have low self control your parents didn’t teach you, growing up in an environment with weak parental discipline Low self control leads to risk taking Good, responsible parenting is key to learning self control Can lead to career criminality Tested by surveys Can-self control be learned later in life? Yes: Na and Paternoster tested

Answer 91

Stems from mertons strain theory Mertons notion of innovation, tied to anomie, don’t have means to achieve goals so they innovate in negative ways, ex stealing instead of working for money 3 strains; a) Inability to achieve goals (like Merton) b)The removal or threat to remove positively valued stimuli (cut from a school team), found that young people who had something good taken from them, leads to strain and forms of criminal behaviour c) Threaten or present with negative stimuli (bullying), something negative is introduced to a young persons life causing strain Easy to test, mostly tested using self report surveys

Answer 92

Unlike merton, deals with issue of gender Agnew asked; Why gender differences in most types of youth crime? How do males and females respond to strain? Girls: depression, anger, guilt ,shame = self-destructive behaviours, strain dealt with inwardly, ex cutting, drugs Boys: anger, blame others, lower levels of social control = violent behaviour, starin dealt with outwordly Group rather than individual analysis Specified towards adolescent crime

Answer 93

d)General Theory of Crime

Answer 94

b) Judges, crown counsel and defense lawyers

Answer 95

Official vs non official, two kinds