Nov. 25th Lecture and Readings Flashcards
1
Q
How does Portugal deal with drug use and addiction?
A
From a health point and not criminal point- decriminalizing drugs
2
Q
What other part of the world is progressing drug policies?
A
Netherlands at forefront for progressive drug policies- weed always allowed there
3
Q
social control- informal
A
to want to be good ppl- outward appearance or your conscious is wanting you to do good things
- stronger in smaller, traditional, more homogeneous communities when compared to large complex places- the more complex and diverse a society is, the more formal control we need to mandate or prohibit behavior
4
Q
folkways
A
more est norms of common practise
Ex: how to eat, use of language, how you speak to friends vs family, how you dress- ppl expected to behave in xyz
5
Q
Mores
A
associated w intense feelings of right and wrong- morality of it all, things that are not supposed to be violated- you do not kill someone, you do not lie to others or take things that are not yours- does not have to be criminal but can be
6
Q
the potency to “click to judge”
A
social media- you go on instagram and read comments and ppl are quick to voice their opinions than what someone would say to others faces, reviews- we look at them before booking a hotel and ppl can be so hung up on bad reviews even if it is 10 out of 10,000- maintaining reputation in the era as social media is a highlight reel and ppl want to appear to outside world in certain way and not a reflection of what their life rlly looks like
7
Q
formal social control
A
- Arise when informal controls are insufficient to maintain conformity to norms
- We create this more formal justice system to deal w ppl not abiding by laws from the state
8
Q
2 types of formal social control
A
- Those instituted by the state and authorized to use force (police)- mandated by government
- Those imposed by agencies other than the state (university- rules on plagiarism, churches, labor groups, workplace)
9
Q
when is someone considered an agent of social control
A
anyone who attempts to manipulate the behaviour of others through the use of formal sanctions may be considered an agent of social control
10
Q
Who can be an agent of social control?
A
Agents of social control can be anyone who can manipulate behavior of others and have consequences and rewards for this- the state and also teachers, principal etc.
11
Q
Bullicide
A
things happening in our world can have impact on things that can become interest to legislators- mandating more things that will be formally controlled
12
Q
Most highly structured formal system
A
CJS
13
Q
Legalization
A
norms are moved from social level to actual legal level
Ex: before it was mandated not to text and drive, then accidents happened and this led to legalization of texting and driving policy
14
Q
political- conflict perspective- punishment
A
1) inflicted by the group in its corporate capacity upon one who is regarded as a member of the same group- CJS defines and punishes ppl who are citizens, immigrants etc. Of CAN- all part of same community- they have allowance to punish ppl for wrongdoings
2) Involves pain or suffering- someone assaulting you, or even emotional, financial, someone destroying property- this can be subjective to the person and their own experiences
15
Q
purpose of punishment (3)
A
- Retribution- retaliating against offender
- General deterrence
Ex: punishment should fit the crime- if you steal candy you would not be locked up - Incapacitation- when locked up in a building w concrete walls and locked in cell- someone telling them what to do on a daily basis
16
Q
individual or specific vs general deterrence
A
General deterrence: if something is illegal nobody is going to do it
Ex: all of us decide we will not kill someone bc we don’t want to go to prison
Specific deterrence: if you were driving and texting and got a fine and license suspended, you would be less inclined to do it in the future- own personal experience
17
Q
Cost/ benefits (hedonistic caucus)
A
punishment outweighs benefits of crime
18
Q
Effectiveness of threats is conditioned on 3 variables
A
- Severity of the punishment- does not always weigh in bc ppl still commit death penalty crimes
- Certainty- if you commit a crime you will be caught and penalized for it
- Speed with which it is applied- if you commit a crime today you will be punished in near future, but this is not how it works right now, it could take months or years to get trial
19
Q
instrumental offences vs expressive offences
A
Instrumental offences = directed to material end- using crime as instrument to get something
Ex: evade paying taxes, embezzle money from employer- usually some planning
- Deterring impact better at instrumental crimes bc ppl plan these out
Expressive offences are violent ones like murder- behavior is the end itself and you want to hurt this person, that is what you get out of it
- Expressive crimes esp ones of passion are not using deterrence bc ppl are being irrational
20
Q
high vs low commitment offences
A
High commitment crimes = no deterrence often does not work
- Highly committed to outcome- paying someone for what they have done
Low commitment crimes = yes to deterrence
21
Q
when was death penalty abolished?
A
2015: 140 countries had abolished the death penalty in law or practice:
22
Q
what countries are retaining capital punishment
A
Democracies retaining capital punishment: US, India, Japan
23
Q
what is the death penalty for?
A
imposed or implemented to punish
- in China, Thailand and Vietnam
24
Q
is capital punishment a more effective deterrent vs long prison sentneces?
A
There is no research suggesting this
25
What are cases like Steven Truscott for the CJS?
these cases are wake up calls to CJS that they were going to execute 14 yr old boy for not committing the crime he was accused with
- it should not be up to the state to take the lives of our own citizens
26
why does wrongful conviction occur?
- bc of eyewitness testimony,
- race (cross race effect- hard for ppl to tell difference in ppls features bc of things like color),
- weapon fixation- focusing on weapon involved,
- false testimony,
- incompetent lawyers- not spending the time on case to be able to do the case properly,
- false confession due to police interrogations
27
Mala prohibition-
their illegal bc their prohibited
Ex: drug possession
28
Mala in se
it is illegal bc it is morally wrong
Ex: murder, theft etc.
29
Victimless crimes differ from other crimes by 3 factors
1. Element of consensual transaction/exchange- selling drugs to person buying
2. Lack apparent direct harm to others- harm only to user potentially
3. Difficulty enforcing laws against them as a result of low visibility and absence of complainants- drug deals usually invisible in the types of spaces they would be conducted in
30
Medicalization of deviance
refers to “the process of defining behaviour as a medical problem or illness and mandating the medical profession to provide treatment for it”
31
medicalization in CJS
- rehab- therapy and work programs
- drug and mental health courts, prob solving courts
- NCRDM
32
Not criminally responsible on account of mental disorder- expert has to testify one of two things
1. Don’t know nature of action- so out of it they don’t know what they are doing
Ex: doctor murdering his children and said this bc he drank windshield washer fluid and had no idea what wasa going on
2. They don’t know what they are doing is wrong
Ex: Vincent Lee case- thought what he was doing was for greater good
- Also need fitness to stand trial
33
what are the international concerns of drug influence?
overdose, outlawed and decriminalized drugs creating black market and OC groups
34
how have drugs changed over time?
Drugs defined diff over time- at one time cocaine was seen as a good thing
35
distinction between medical and non medical use of opioids
No distinction between medical and non medical use of opioids in 19th century
36
what types of ppl end up in prison in association w drugs?
Ppl ending up in prison often addicts, not who sells the drugs
37
criminal justice moral model
ppl that use drugs or addicted to them have weak moral character and it is on them if they choose to use drugs
38
Drugs: Moral Model
-Addiction is the result of moral weakness
-Associated with character traits/defects- anger, pride etc.
-Recovery is achieved through the use of willpower and discipline, and the development of a virtuous lifestyle- CJS model
39
Drugs: Disease Model
- Common to all disease perspectives is the emphasis on the medical nature of substance use and the need to treat people who use- in medical terms not in morality terms***
- Medical model of drug use- not use of substances as pathological but does argue some ppl using drugs or alcohol will inevitably result in addiction
- Ppl seen as sick and in need of diagnosis and treatment to be cured and not punishment
- Advocated most prominently by Alcoholics Anonymous (“AA”)
- Alcoholic should be treated as someone w cancer or w mental illness
- Medicalization of deviance
40
what does prohibition mean?
criminalization
41
what is prohibition/ criminalization?
a policy of criminalization, whereby the production, manufacture, growing, selling, and/or possession of drugs are considered violations of the criminal law
42
what are those who use drugs considered to be?
criminals
43
role of CJS and drug use
Role of the CJS- Primary agent in prohibition in responding to drug use is the CJS not public health
44
advantages vs disadvantages of criminalization of substances
Advantages?- may result in fewer ppl using substances- theory of deterrence might work on some ppl if they think drug are bad and illegal, symbolic message of sobriety and self control
Disadvantages?- black market creation, prevents ppl from getting care bc they feel like they will be punished, costs to tax payers bc it is expensive to use CJS, cause of corruption, no regulation of it bc it is illegal- you assume the drug is what it is bc there is no regulating it when its by ppl in black market
45
what is legalization of substances?
Removes criminal and civil prohibitions and sanctions and legalized drugs become commodities that are available in the legitimate market place
46
Lassiez faire model
Relaxed model
47
Limited distribution model-
prevent unlimited access- alc used to only be at LCBO but now in grocery stores- now kind of lazi faire model
48
medical model
using weed
49
advantages of legalization vs disadvantages
Advantages?- being able to regulate it by weed places, creates jobs, good for economy- we tax these things a lot, moral benefits, corruption would decrease, decrease in black market but not entirely
Disadvantages?- increase use or increase public health cost, insufficient development of proposals- how can we choose some drugs over others and what the protocol looks like
50
decriminalization
removed from criminal sanctions
51
what is decriminalization?
- similar to legalization
- more like compromise between prohibition and legalization
- removes criminal sanctions from the activity but does not make drugs available for purchase in the market
52
advantages of decriminalization
- Public support- ppl willing to get on board w this
- Maintains criminal sanctions for trafficking
53
harm reduction
Shifts the goals of drug policies from eliminating or decreasing use, to reducing the harms that are associated with both drug use and drug policies
54
abstinence
Abstinence, reduced level of drug use = important goals
55
what should the penalties of drug use NOT look like?
The “penalties against drug use should not be more damaging to an individual than the use of the drug itself.”
56
primary prevention
trying to prevent drug use in the first place- education on why drugs are bad in schools early on
57
secondary prevention
limit consequences of drug addiction- needle exchange programs, safe injection sites (reducing harms and consequences for users)
58
tertiary prevention
focusing on consequences to actual user- counselling, rehabilitation centers- trying to prevent drug user from continuing to use and reduce harm
59
why are there issues w harm reduction approach?
legalization
60
Indian act- drug laws
prohibition of alcohol to Indigenous ppl creating dangerous ways of them getting it and using it- it was hidden and done in private which led to addiction
61
opium act- drug laws
minister of labor was concerned w growing number of opium users- illegal to manufacture, sell or produce opium except through pharmaceutical companies- came black market for opium so to avoid this they just started locking ppl up
62
opium and drug act- drug laws
Opium and drug act 1911- offenders getting harsher penalties under law for using opiates- moral model taking over
63
opium and narcotic act- drug laws
Opium and Narcotic Act 1929- main instrument of drug policy in 20th century
64
Le Dain report
prohibition of weed was an excessive and ineffective tool for controlling weed and still took 50 yrs for weed to be legal
65
Controlled Drugs and Substances Act 1996- drugs classified into 8 schedules
1. Punishment for trafficking
2. Possession of drugs
3. Trafficking, exporting, importing
4. Cannabis Act (2018)
66
laws on prostitution
Laws against prostitution discriminate against women when it comes to criminalize prostitution
- women charged more compared to men
- more likely to be found guilty
- more likely to end up in prison
67
what do feminists say ab prostitution?
Feminist said if anyone wants to engage w sex for pay they should be able to do so and it is not up to government
68
was selling sex for gain illegal?
Selling sex for material or financial gain was not illegal but they created things associated w prostitution that is illegal
Ex: could not live off the money you made from prostitution, could not be found in a body house where the exchange would happen (operating body house no matter where you are doing it), communication publicly what the exchange is
69
prohibition of acts surrounding prostitution
-Criminalize procuring or living on the avails of prostitution
-Owning, operating or occupying bawdy house
-Public communication for the purpose of prostitution
70
response to prostitution
Bill C36 “Protection of Communities and Exploited Persons Act” (2014)
71
“Protection of Communities and Exploited Persons Act” (2014)
- Paradigm shift away from the treatment of prostitution as a nuisance- negatively impacts women and girls
72
purchasing offence
criminalizes the purchase of sexual services and communication for that purpose- buyers criminalized over sellers
73
how to reduce sex work
Reduce sex work you have to criminalize the buying of it- max penalty for purchasing sex is 5 yrs in prison and doubled sentence if you purchase it from someone under age
74
advertising offence
trying to stop the pimps creating these spaces to sell women
75
material benefit offence
knowingly receive material benefit from furnishing of sexual services when not an adult- catching pimps- not benefiting from exploitation of someone else- 14 yrs in prison for purchasing
76
procuring offence
human trafficking, have not chosen for self to be sex worker- max penalty for this offence is 14 yrs if trafficking adult, if trafficking child it is max of life in prison- trying to protect ppl being exploited
77
whl is the average offender in white collar crime?
White collar vs street crime- ppl in position of trust and respect, middle and high class
78
what type of crime causes more social harm and risk to society than street crime?
white collar crime
ex: more likely to sue a company than be held responsible
ex: finance crime
79
corporate crime
crimes committed by corporations- environment crimes, recalls
80
occupational crime
crime w someone's occupation- lawyers, fraud, corruption
81
governmental crime
war crimes, use of torture, violating conventions
82
state corporate crime/ globalization
goal where the state and cooperation's working in conjunction w each other
Ex: allowing for imports to come in from other countries that knowingly use sweatshop labor
83
enterprise crime
black market crime- organizations operating like cooperation that provide illicit services and goods
Ex: run legal businesses to launder money through like restaurants
84
characteristics of street crime offenders vs white collar crime offenders
street crime:
age: 15-24
class: low or poverty
race: black men, Indigenous ppl
Gender: male
WCC:
age: 30-40
class: middle-upper class
race: white ppl
gender: male
85
WCC vs street offenders
White collar offenders more likely to be employed, better educated, married where street criminals mostly single, WCC ppl often participate in community
86
3 components that contribute to why WCC is committed (IMPORTANT)
1. Competitive spirit
- winning is the only thing
2. Arrogance
- they can do what they want
3. A sense of entitlement
- they feel like they deserve it
87
how effective are legal sanctions in combating WCC?
Often dealt with through the civil courts rather than as criminal matters
- The ppl who call the shots do not have to bear the risk or pay for any settlements- protect the ppl who claim negligence (I didn’t know this was going on)- so nobody is held accountable
- Thus, corporations take higher risks than suggested by the “rational economic corporation / free market”
88
Accident versus criminal negligence
term accident is used as negligence but when you look through the investigation there are facts that led to the 'accident'
89
Why are criminal charges uncommon in these sorts of cases of WCC?
Business managers more likely to take risks if they think they can get away with it and put more risk on employees
90
legal sanctions of WCC
- mandate of suspension, not often a loss of license, status or job would be a good punishment
- Historically lenient sentencing of WC criminals- trying to make sentences seem more severe than they are
- White-collar offenders experience sanctions differently
- Judges are aware of deterrence, disparity, and discrimination in the sentencing of white-collar offenders
- research shows WC offenders are advantaged by the types and combinations of legal sanctions imposed on them
91
when were tougher sanctions applied to WCC?
1970s
92
why does the CJS not deal w WCC more effectively?
- Public more concerned about street and violent crime
- WC crime is complex and costly to prosecute- lack of resources
- WCC might be multi jurisdictional- dealing w international law enforcement if dealing w international crime
- WC criminals are non-violent and are often paroled to the community quickly- even if sentenced to short period of time in prison- serve time on weekends or parole offered and this is bc they don’t pose a threat to society
93
effects of WCC
- diminished faith
- loss of confidence in political institutions, processes and leaders to be able to deal w medical malpractice
- Erosion of public morality - the more the public knows about these things the more probs created if ppl think nothing is done ab them
94
principle objectives of government
- provide welfare of citizens
- protection
maintain order within society and to do this government is mandated to apprehend and punish criminals
95
abusing social control of dissent
political trial, free speech, surveillance
ex: G20 summit- animosity between ppl (assault on rights and attempt to take away the rights of ppl and groups)
96
social change
- means modifications in the way people work, rear a family, educate their children, govern themselves, and seek ultimate meaning in life
- Can refer to restructuring in the ways ppl in society relate to each other- school, family, friends, values etc.
97
how is law determined?
“law is determined by the sense of justice and the moral sentiments of the population, and legislation can only achieve results by staying relatively close to prevailing social norms. According to the other view, law, and especially legislation, is a vehicle through which a programmed social evolution can be brought about.”
98
law as a DV
dependent on social norms, opinions of the public, during COVID the law had to mandate social distancing- dependent on what is happening in world
99
Law as an instrument for social engineering
the law changes first and then bc of this it will have impact on social world- pushback on legalizing same sex marriage
100
Law is influenced by technology in at least 3 ways
1. Technology’s contribution to refinement of law- Use of lie detector, DNA testing, finger printing- this evidence based stuff makes it easier bc of technology for the law
2. Technology’s effect on process of formulating/applying law- court in session on zoom- happening during COVID- GPS monitoring devices in tracking offenders
3. Technology affects the substance of law- new conditions law has to del with bc of tech- cyber crime, techno crime etc.
Ex: the automobile- rules on drunk driving, pollution control, registration, speeding, where you can park- all of these things have to do w the car being created and the same goes w other types of technology
101
what does shift in community cause?
shift in community values and attitudes = changes in law
Ex: how food is regulated, car regulation, regulation of same sex marriage or abortion- there is a relationship between laws and values of that given time frame- so this changes across time and cultures
102
law
principal mechanism for improving political and social positions of minorities
103
concept of human rights
Make sure charter is available to anyone and everyone
104
civil liberties
narrow class of fundamental freedoms- religion
105
how laws in the past posed segregation
- Asians in BC could not vote, practice law, pharmacy, serve on juries, work in public works, not work in civil services or education
- 1920s-1930s Jews were excluded from employment in major institutions
- African Canadians were inferior and routine excluded from public life
- residential schooling
- last segregation school closed in 1956
- public restrooms for black ppl
106
planning vs disruption
Planning- refers to architectural construction of new forms of social order and social interaction
- nation coming up w 5 yr plan trying to create long term social plan for better of the nation
Disruption- refers to the blocking or amelioration of existing social forms and relations
- stop things that have previously been done- like segregation
107
institutionalization vs internalization
institutionalization: pattern of behavior refers to the est of a norm w provisions for its enforcement
- decisions made without discriminations settings- not treating ppl differently
- you do not discriminate bc the law says not to
internalization: pattern of behavior means the incorporation of the value or values implicit law
- you do not discriminate bc it is wrong
108
law is likely to be successful if...
1. Law must emanate from authoritative and prestigious source- ppl trust where law is coming from
2. Law must introduce rationale in understandable manner- within scope of what the society values that it is implemented on
3. Advocates for change reference communities/countries where law is in effect- Portugal and decriminalization of possession- he wants to show Canadian ppl this works
4. Enforcement aimed at making change in short time period
5. Enforcers must be committed to change in law- have to believe in what the policy is
6. Instrumentation of law should include positive and negative sanctions
7. Enforcement of law should be reasonable- in sanctions and in making sure ppls rights are protected
8. Has to be seen as fair and just by most ppl, not everyone bc that will never happen
109
advantages of law and society change
- legitimate autority
- imperative coordination
- law as binding
- consensus
110
imperative coordination
probability that specific commands will be obeyed
111
Three types of legitimate authority
1. Traditional authority
2. Charismatic authority
3. Rational legal authority- we use this in CAN- has to be seen as coming from legit authority
112
Milgram experiment
good ppl will do bad things- shocking ppl when they know it hurts the person but they are under authority
112
consensus
awareness and consciousness of law
- even if laws go against accepted morality they are often obeyed
113
benefit of law as binding
comes from consequences we all agree what is illegal
114
Positive policy making
sanctioned ppl if going against law and rewarded if obedient
115
perspective policy making
we as a whole know what to expect
- sanctions for disobedience
- protecting vulnerable ppl like children or elderly
- protect corporations
116
types of sanctions
1. positive policy making
2. prospective policy making
117
limitations of law and social change
- Elites determine which laws go through and which are rejected
- Powerful: make and administer the law- could be reflection of position
- Barring on efficacy- is the purpose of the law to reflect morality? Some ppl say yes or no
- Use the law to protect their advantageous position in society
- Divergence of views on the law as a tool of social change
118
limitations of morality
- morality and values affect the efficacy of the law in social change
- some issues include shared morality
ex: ppl want to maintain how things have always been like same sex marriage- ppl think it will ruin traditional family
119
social factors of resistance- vested interests
Vested interests- ppl want to keep status quo bc its preferable or profitable to them and may push back against change
120
social factors resistance social class
Social class- lots of inequality of ppl rich and poor, ppl told by those of power to be told what to do
121
social factors resistance ideological resistance
Ideological resistance- go against ideological values- abortion, same sex marriage
122
social factors resistance- organized opposition
occasionally we may see big protests or lobby groups and this could impact how ppl see an issue
123
psychological factors resistance- habit
very satisfying to ppl- ppl like routine and like to know what is happening
- collective habits
124
psychological factors resistance- motivation
Motivation- some cultural and some universal
125
psychological factors resistance- ignorance
Ignorance- ppl fearful of something new or diff
126
psychological factors resistance- selective perception
Selective perception- ppl more receptive to ideas if congruent w ideas or beliefs or what they value- if they're in line w them they will like them
127
Ethnocentrism- cultural factor resistance
Ethnocentrism- groups superior to others in their thinking
128
Incompatibility- cultural factor resistance
Incompatibility- incompatible w customs or norms
129
cultural factor resistance- superstition
ppl will act on these things
130
what is the most important type of resistance?
economics
131
economics resistance
- plays biggest role
- most decisive
- if we cannot afford it, it is not happening
- limited resources acts as barriers to change efforts
132
War on Drugs Video (IMPORTANT)
- people can do drugs in public and not get in trouble
- decriminalizing drugs in Portugal
- if police catch ppl with drugs nothing happens as long as they have the amount they are allowed- up to 10 days worth of use is allowed on each person
- Decriminalizing drugs in Portugal means it is not a criminal offence but still an illegal activity- similar to driving without seatbelt
- instead of criminal charges the person will be directed to help like a social worker and treatment doctors
- focus is on treatment and not punishment
- repeat offenders in this can be fined
- Jose was a former drug addict and was high when his child was born and he was sent to rehab bc he wanted to change and it worked and set up his own rehab center
- social workers going to common drug usage areas to pick up used needles
- Since decriminalization the use of heroine is down 75% and has lowest drug related death rate and drug use among ppl is low but smuggling and drug dealing is still a problem
- officers go undercover to bust drug dealers
- Decriminalizing drug use means police can focus on catching dealers and not users
- selling drugs is a felony
- Curfews and boarder closures during COVID gave police temp leg up on smugglers getting drugs into country but as restrictions lifted this is hard now
- 1 in 10 ppl using heroine to then having the least amount of drug use in the region
- In Australia illicit drug use is growing and COVID has made it harder for access to drugs and in turn more deadly drugs arise- each state and territory decides own drug laws and eventually allowed small possession of weed and then led to decriminalization of other drugs too- police take drugs, direct person to treatment and do not get sent to prison like before it would be 2 yrs
- Key is to have treatment programs available when decriminalizing drugs
- Truck driving around giving meth to ppl experiencing withdrawal from fentanyl- meth gives normality for 20 hrs
- Legalization of everything would lead ppl to experience w substances and would stop underground industry of drug dealers
- Putting health at center of drug policy is a huge win for ppl who experience decriminalization of drugs
- ppl need to have the desire to stop taking drugs and they die along the way but if you have the desire it is possible for anyone to overcome illness and receive help
