soc chap 14-16 Flashcards
What is Crime
Whereas deviance is a violation of norms that draws a negative reaction, crime is a kind of deviance where the norm being violated is one that is enacted and enforced by the state.
Definition - A violation of the law that is punishable by sanctions. It must involve a criminal act or omission, and criminal intent.
What is Law
a system of rules to regulate behavior that is enforced through state and social institutions
Sanctions
the penalty for disobeying or breaking a law
Street crime vs white collar crime
Street crime is what people often call to mind when they think about crime, for example, robbery, burglary, and drug trafficking. We often associate street crime with those in the lower socio-economic strata. - true with burglary and armed robbery but not of drug crimes
White-collar crime is less often called to mind and includes crimes like fraud, embezzlement, and insider trading. We often associate white-collar crime with social elites and those in the upper socioeconomic strata. This is certainly true for some crimes like securities fraud, but many crimes we define as white-collar crime, like identity theft and credit card fraud, are committed by the middle class, lower class, or even street gangs
The harms of property crimes
While many crimes can cause harm, we often consider street crimes, especially violent street crimes, to be the most dangerous
→ But many white-collar crimes are also harmful in significant ways. Offshore tax evasion has cost Canadians nearly $5 billion in lost tax revenue that could have been used to pay for social services or programs
Ponzi scheme
–> An investment fraud where the fraudster pays returns to older investors by acquiring new investors.
- As these cases make clear, the effects of white-collar crime can be just as ruinous and far-reaching as street crime.
- Just because sometimes they’re without a clear victim does not mean they’re victimless
Public law
A set of rules between individuals and society
- Criminal law is a type of public law. Crimes are considered wrongs against society rather than wrongs against individual people because crime represents the violation of some of society’s most sacred rules, such as killing
- The crime represents a threat to social order and not only a threat to a single person
Private law
Where the harm is not between a person and society but between private individuals or groups.
- If you file a lawsuit and seek damages or monetary compensation against a company that makes a product that causes you harm, or you sue someone for compensation to pay for medical expenses because they caused a car accident in which you were injured, you are engaging in private law.
Law on the books
- The formal, official written legal statutes, legislation, acts, court decisions, and regulations, as well as rules for their enforcement
- Law on the books is very different than in action as there are many interpretations of the law that affect the outcome of trials
Law in action
- The decisions, actions, or experiences individuals or organizations have that involve the law. These can influence whether the law or legal consequences might be important for how decisions are made. Decisions are the action part of “law in action”
- From a sociological point of view, how laws are applied and how people understand and engage with the law are important sociological considerations, perhaps even more important than what is written in our legal codes.
Delinquency
minor crimes committed by young people
Criminogenic
A system, place, or situation producing or leading to a crime
Crime as a social construction
- Like other norms, deviance is socially constructed: it is the product of a particular place, time, and culture.
- Sociologists, especially conflict and critical perspectives, have shown the importance of power when it comes to the social construction of crime. Scholars have argued that laws and the legal system represent the interests of the ruling class, and that law enforcement is selectively practised.
- Crimes of the upper class, by contrast, are less likely to be considered illegal or be policed.
→ A classic example of the interconnection between class, power, and crime is the development and application of vagrancy laws. Enforced on homeless populations. Vagrancy laws were also applied for moral reasons like alcoholism or social reasons like fear of crime or to preserve ways of life. Uniformly, these laws were used to target those in the lower classes.
Behavior and norms over times
A second important sociological point is that, just as norms are subject to change, so too are our definitions of criminal and problematic behavior.
What is UCR + current crime trends
This data comes from the Uniform Crime Reporting (UCR) survey, which includes criminal incidents solved by police and information about people charged with committing a crime. When you hear about homicide rates or rates of gun crime in the news, they are referring to UCR crime rates
→ You can see a several decades decline in crime rates, with a slight recent increase driven mostly by non-violent crimes.
–> crime severity has increased due to sexual assault cases. could be more crime or more reporting
- Sociologists are skeptical of official measures of crime because they might reflect biases rather than present an accurate picture of criminal behaviour.
Crime funnel
An image representing the amount of crime detected or undetected or reported to the justice system
- Victimization data show that only about 31% of crime is reported to the police
Dark figure of crime –> crime detected by people –> crime reported to police –> recorded crime –> cleared crime
Dark figure of crime
The amount of crime that is unreported or undiscovered
Victimization surveys
- A survey where respondents are asked whether or not they’ve been victims of crime
- Asking Canadians about victimization experiences documents the crimes that are not reported to the police and therefore not included in the UCR
- A method developed by sociologists to help understand the dark figure of crime
Self report surveys
Measures crime by asking people to report their criminal behavior on anonymous surveys or questionnaires
Social scientists have discovered that people are quite willing to self-report their criminal behavior on surveys and questionnaires, making this a useful approach for uncovering information about crime that may be missed by official statistics
The strongest predictor of crime
Genetics together with social and environmental factors are strong predictors of crime
Strain theory and anomie - functionalist
Structural strain: society puts pressure on individuals to achieve socially acceptable goals and those without the means to achieve those goals experience strain, leading to crime.
Social inequality prevents equal access to the socially acceptable means for achieving those goals. When there is a disjunction between societal goals and the acceptable means to achieve those goals, the social structure is said to be characterized by anomie.
Anomie: Merton’s anomie refers to the lack of fit between cultural goals and the means to achieve those goals. Anomie causes crime by creating strain.
Routine activities theory - Functionalist
RAT shows that crime occurs when three things come together: a motivated offender, a suitable target, and the absence of a capable guardian
Criminologists have long known that leisure is connected to crime—young people with “nothing to do” will often get into trouble, hence why criminologist Ken Pease theorized the decrease in crime had to do with more youth staying indoors and passing their free time by playing video games
Concentric zone theory + disorganization
Organized by commuter zone, residential zone, working class zone, transition zone, central business zone (in order largest to smallest)
Rates of delinquency are highest in the inner city, decreasing as one moves outward toward more affluent areas → Crime is tied to the transition zone, which is characterized by people coming and going. Even though populations fluctuate, crime does not decrease.
Socially disorganized neighborhoods
→ Street robbers choose these neighbourhoods based on the routine activities taking place there and because these neighbourhoods are known to robbers through their everyday routines.
Social learning theory - Interactionalist
One example is social learning theory. People learn the techniques, motivations, drives, rationalizations, and attitudes favorable to crime by interacting with other people who support and engage in criminal behavior
But crime is not just learned from association with “bad companions”; it is also caused by exposure to people’s definition of crime as desirable behavior
Labeling theory
Social groups define some actions as criminal and others as normal, and they create deviance by making rules and then applying those rules to other people in the form of labels
Labels can lead to the development of stigma and, ultimately, to the development of a master status around crime
- Stigma: A negative evaluation of a person that sets them apart as different in the eyes of others
- Secondary deviance: Deviance that form a basis for developing a negative self concept because of the public application of a negative label
→ but when labels are applied forcefully and publicly to an act of deviance, for example by arresting a young person for mischief and sending them to court, secondary deviance can occur
Moral entrepreneur
Individuals or groups that work extensively to raise public awareness about a set of moral values deemed important to them.
- Moral entrepreneurs are active in the creation of rules and laws during periods of moral panic.
Social bonding theory
Aspects of one’s life (attachment, commitment, involvement, belief) that prevent people from committing crimes.
Radical feminism in crime
Radical feminism argues that patriarchal domination is the primary source of oppression. Men seek to control women’s sexuality through violence and abuse. Social change and crime reduction require the elimination of gender differences in power and opportunities
Liberal feminism in crime
In contrast, liberal feminism argues that gender socialization is the main source of oppression. This theory states that belief in distinct gender roles and other traditional attitudes about men and women are responsible for social inequality.
Socialist feminism in crime
Argues that economic structures combine with gender-based norms and roles to create oppression. Oppression varies by social class; for example, women who are discouraged from seeking education and who have low job status experience more violence. Change requires shifts in the economic system as well in gender roles and norms.
Men vs women’s reaction to strain
Men and women exhibit different emotional and behavioral responses to strain. Men are more likely to externalize strain to others (assault), whereas women are more likely to internalize strain (self-harm)
Social control
Social control perspectives attempt to explain conformity rather than criminal behaviour. According to social bonding theory, conformity is maintained through social bonds: those with prosocial attachments, ties to conformity, participation in conventional activities, and a belief in social values and norms will not engage in crime
Having low self-control, however, puts people at risk for criminal behaviour. Low self-control is the product of weak or ineffective socialization, particularly ineffective child rearing
What’s more, people with low self-control tend to put themselves in risky situations and are therefore more likely to be victims of crimes like fraud or violent crime
Chain of courts
Most provinces and territories have lower courts (provincial and territorial courts), superior courts, and appeal courts. Above these courts sits the federal Supreme Court of Canada. Most criminal cases are heard in the lower courts, with more serious cases being heard in the superior courts
- Criminal courts play several roles: they determine if an accused is guilty or not guilty; they uphold due process rights of the accused; they determine punishment, and they are venues for plea-bargaining, where the accused person pleads guilty in exchange for a lighter sentence or for some charges to be dropped
Due process
The requirement that the state respect the legal rights of all people and treat everyone fairly above the law.
Sentencing
Sentencing is a complex process whereby a punishment is given to an offender who has been found guilty or who has pleaded guilty in court.
- The most common punishment is probation—release into the community under conditions like abiding by curfews and abstaining from substances—which is imposed in nearly 45% of guilty sentences for adults. Prison is imposed in almost 40% of cases, with most sentences lasting less than six months
- Judges consider the following principles when determining a sentence: denouncing the behavior; deterring the offender and others from crime; incapacitating the offender by removing them from society; rehabilitating offenders; repairing the harm causes; and promoting responsibility in the offender
Why do we have punishments for crime?
Punishment is not a natural consequence of crime, nor is it a logical solution to the problem of crime. Instead, punishment is tied to economic, political, cultural, and social forces
→ And prisons were instruments of those in power to keep control over the lower classes and to exploit their labor for profit
Instead, prisons emerged alongside other institutions in the industrial era, like factories, hospitals, and schools. All involve discipline: controlling space and movement, providing orderly environments, observing people, compelling them to conform to social norms, and keeping records about them
→ this concept of punishment is relevant today among marginalized communities
Tough on crime politics
This tough-on-crime thinking and the concerns about community risk have also reduced the use of community-based correction
An example of a community-based correction is parole, which is an early release from prison into the community under the supervision of a parole officer. Parole is meant to facilitate reintegration into the community by allowing the offender to find a job, a place to live or return to school.
→ parole is successful around 70% of the time to prevent recidivism
Downsides of prisons
- They’re expensive → It costs about $116,000 a year to incarcerate an offender federally and nearly $95,000 a year in a provincial jail, compared to only $18,000 a year to supervise them in the community through an alternative to prison
- Evidence shows that people released from prison tend to re-offend. → The recidivism rate in Canada, measured two years after someone is released from prison, is 23%, down from 40% over a decade ago
- And decades of research has shown that longer prisons sentences do more harm than good, and do not reduce crime rates or protect the public
Recidivism
the rate at which people commit new crimes upon release from prison or supervision
Prison’s effect on communities
While incarceration keeps potentially dangerous people off the street, it also damages the underlying social bonds of communities and eliminates any good a person could have done in their community.
Incarcerating these individuals, especially for non-violent crime, leads to the recruitment of replacements, accelerating criminal involvement in those communities
It also causes emotional and psychological harm to families, especially children who often begin to underperform at school or exhibit signs of emotional distress when a parent is incarcerated.
It reduces lifelong earnings and job prospects through the stigma of a criminal record and challenges to completing education. Overall, one of the best predictors of crime rates in a neighborhood is the number of people returning from prison
Alternatives to prison
Probation is one example. Electronic monitoring is another, where offenders are fixed with a GPS monitor that tracks their location and movement and ensures they follow conditions.
Some alternatives repair the harm done to the victim, such as through community service work and restorative justice initiatives, while others provide treatment to offenders in the community, such as mental health support or substance abuse treatment.
A downside to some of these alternatives is that they place offenders under sometimes onerous restrictions that make it difficult to function in the community without violating a condition.
Indigenous justice
Many Indigenous notions of justice focus on addressing underlying causes of behavior through reconciliation, restoration, and community-based resolutions
–> Sanctions were enforced through kinship ties, typically family members, extended family, or members of the same clan. This meant that healing, reconciliation, and reintegration were priorities for these communities; even with very serious crimes, the first reaction was not to inflict pain or seek vengeance since the offender was also family and a member of the community
The Hollow Water Community Holistic Circle Healing: –> Many of the community members believe that incarceration is a way for offenders to hide from, rather than face, responsibility for the harms they’ve caused. Rather, offenders are expected to face the pain they caused, but in a context of respect and support. This program has been a great success—of the four dozen or so offenders admitted to the program, only about two have offended again
Situational crime prevention
If criminals have opportunities, it is your job to increase the effort of crime, risk of commiting crime, reduce reward, reduce provocation of crime ex hiding rewards, reduce excuses of crime ex. Putting up signs
Deterrence
- Increase certainty, severity or celerity of punishment
- Crime occurs because benefits outweigh the cost
–> Severity is not the most effective, certainty is.
Biomedical model of healthcare
focuses on health strictly in terms of biology to the exclusion of social and psychological factors.
→ Dominant western healthcare model