U2 AOS4 - CRIME Flashcards
Crime
An offence which causes harm and is punishable by the State on behalf of the general public.
The 5 types of crime
- Crime against a person
- Crime against property
- Victimless crime
- White collar crime
- Corporate crime
Crime against a person + 2 examples
Acts including threatening, harassing or injuring another person or depriving them of their freedom
E.g. murder, battery
Crime against property + 2 examples
Damage or destruction of homes, businesses and land, as well as burglary and theft of vehicles
E.g. breaking and entering, grand theft auto
Victimless crime + 2 examples
Crimes that do not directly harm others except the offender themselves
E.g. illegal drugs, gambling
White collar crime + 2 examples
Financially motivated crimes committed by a person of respectability within a corporation
E.g. tax fraud, embezzlement
Corporate crime + 2 examples
Crimes committed by large corporations which can impact individuals, groups, other corporations and society as a whole.
E.g. environmental violation, labor exploitation
The two types of crime against a person
Fatal and non–fatal
Why are victimless crimes often not victimless? Give an example.
Victimless crimes are often not victimless because even though the offender may be engaging in consensual activities, it can negatively impact others.
For example, if a gambler loses their life savings and has a family that relies on them, it could put the entire family in poverty.
How do conflict theorists view crime?
Conflict theorists looks to various factors that underpin an individual’s likelihood toward criminal behaviour.
How do functionalists view crime?
Functionalists view crime as a necessary and inevitable part of a society.
What are Durkheim’s four roles of deviance?
- Clarify Moral Boundaries
- Affirming Cultural Norms and values
- Unifying Society
- Encouraging Social Change
How do conflict theorists view Durkheim’s four roles of deviance?
Conflict theorists see Durkheim’s four roles as evidence of inequality and social issues that need to be addressed in order to prevent crime from occurring in the first place.
The four factors of crime (PARA)
- Poverty
- Addiction
- Rebellion
- Abuse
How does poverty cause crime?
Poverty limits opportunities, making people resort to crimes like theft or drug dealing to survive or improve their lives.
How does addiction cause crime?
Addiction impairs judgment, leading to crimes to sustain addiction like theft and drug trafficking.
How does rebellion cause crime?
Rebellious behaviour, like vandalism or truancy, often leads to delinquency due to defiance of rules and societal norms.
How does abuse cause crime?
Abuse victims may commit crimes as a response or in self defence, often involving violence.
The four principles of sentencing (PPPT)
- Parsimony
- Proportionality
- Parity
- Totality
Parsimony
Sentence must be no more severe than necessary to meet the purposes of sentencing
Proportionality
Overall punishment must be proportionate to the gravity of the offending behaviour.
Parity
Similar sentences should be imposed for similar offences committed by offenders in similar circumstances.
Totality
Ensures that when an offender has multiple sentences, the overall sentence should be fair and appropriate based on all their offences
Restorative justice
Refers to repairing the harm caused by criminal behaviour.
(Was introduced as a way to combat the increasing imprisonment rates.)
The three restorative justice practices
1.Sentencing circles
2. Victim–offender mediation
3. Conferencing
Sentencing circles
Victim, offenders and supporters discuss on a resolution, promoting accountability and healing.
Victim offender mediation
A mediator helps victims and offenders talk and understand each other, encouraging healing and accountability.
Conferencing
Victims, offenders, supporters, and a facilitator work together to address harm and find solutions.
Punishment + example
Usually involves a consequence involving pain or loss
E.g. losing money through a fine
The four aims of punishment (DRRS)
- Deterrence
- Retribution
- Rehabilitation
- Societal protection
Deterrence
Aims to prevent future crimes by showcasing consequences to deter people.
Retribution
Aims for justice by matching penalties to the crime, ensuring offenders “pay” for their actions.
Rehabilitation
Aims to reform offenders and help them reintegrate into society.
Societal protection
Aims to protect society by keeping offenders away from the public, preventing them from causing further harm.
Reintegrative shaming
Condemns the crime but not the person, providing the offender with the opportunity to rejoin society as a law-abiding citizen
Stigmatisation
Focuses not only on the actual act committed, but on the person as a whole, hindering reintegration back into society and increasing the likelihood of recidivism.
Recidivism
Refers to the likelihood of a convicted criminal to reoffend after serving a sentence or undergoing rehabilitation.
Recidivism rate in Australia
Around 44%
Who coined reintegrative shaming?
John Braithwaite
Two types of shaming
- Reintegrative shaming
- Stigmatisation
