Week 1-4 Flashcards

1
Q

What are the 4 perspectives on defining crime?

A
  1. Legalistic (crime is behaviour that violates the law of the land)
  2. Political (Crime is behaviour that threatens the powerful)
  3. Sociological (Crime is behaviour that violates human relationships)
  4. Psychological (Crime is maladaptive behaviour)
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2
Q

Define the legalistic perspective and include drawbacks to this point of view.

A

Crime is human conduct in violation of laws made by various levels of government. Suggests that if there were no laws, there would be no crime. For example if there was no law against stealing, theft would not be criminal or even wrong.

Key problems with this perspective:
1. It suggests that those with the most power have the higher moral ground. i.e. those with the most power (and therefore able to make or influence laws) get to decide what is right and wrong.
2. Laws take time to become formalized so they do not always “keep up” with social definitions of right and wrong.

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3
Q

Define the political perspective

A

Crime is defined by criteria set out by the politically powerful who use laws to label and prevent undesirable behaviour. Laws serve the interests of the powerful and crime is anything that is seen as a threat to the interests of the powerful

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4
Q

Define the sociological perspective

A

The sociological perspective sees crime as any anti-social act. Crime must be repressed in order to preserve social order. Crime is firstly defined by how it violates human relationships; the violation of law is secondary.

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5
Q

Define the psychological perspective

A

Crime is a form of social maladjustment (often against the law) which comes from a difficulty that individual has in remaining in harmony with their social environment. In this perspective, crime is both a problem for the individual and for society.

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6
Q

How is criminal behaviour determined by the consensus perspective?

A

Under the consensus perspective, people must agree on what is right and wrong. Social institutions work together to define laws and there is social agreement on what constitutes criminal behaviour. For example, there is social agreement that murder is wrong. As such, our social institutions (e.g. law enforcement, court system, government) design, implement, and uphold laws against murder.)

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7
Q

What are the four principles of the consensus perspective?

A

1: Most members of the society believe in the existence of core values
2: Laws reflect the collective will of the people
3: All people are equal under the law
4: Law violators represent a unique subgroup with distinguishing features (e.g. improper socialization)

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8
Q

How is criminal behaviour determined by the pluralist perspective?

A

The pluralist perspective believes that society is made up of diverse groups each with their own beliefs. Laws are based on what is best for the larger society and can be used as a means of dispute resolution between groups.

For example, some groups in Canadian society belief that people should cover their heads (e.g. Kippah for Jewish Men, headscarf for Muslim Women) and some groups do not think that is necessary. As such, the law is designed so that individuals have the right to choose whether to cover their head and prevent anyone from forcing others to remove such a garment.

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9
Q

What are the five basic principles of the pluralist perspective?

A

1: Society is made up of many distinct social groups
2: Every group has their own values, beliefs, and interests
3: there is a general agreement to use laws for dispute resolution
4: the legal system is above petty disputes and any relations between groups (they are objective)
5: the best interest of society is represented in legal institutions and members of these institutions are beyond the reach of self-serving groups

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10
Q

How is criminal behaviour determined by the conflict perspective?

A

The conflict perspective believes that conflict is a fundamental and permanent part of social life. They suggest that laws are made by and for the powerful. Social order is held by the powerful exercising the law and laws only change when special interest groups fight for power. This perspective is closely related to the political perspective.

For example, before 2005, same-sex marriage was illegal in Canada but LGBTQ+ groups (special interest groups) fought for their right for same-sex marriage to be recognized under law. In 2005, this group gained enough power to formalize this law.

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11
Q

What are the six basic principles of conflict perspective

A

1: society has many social groups with different values and traditions
2: each group has a different understanding of right and wrong
3: conflict comes from group differences deemed socially significant
4: the basic nature of group conflict comes from the exercise of political power
5: law is a tool of the powerful and furthers the interests of the powerful
6: Those in power always try to maintain it.

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12
Q

What are two different perspectives on causes of crime?

A

Social Responsibility Perspective: Crime is evidence of a breakdown in social responsibilities for social problems. People commit crimes because they have been let down by society so society as a whole bears the responsibility
Individual Responsibility Perspective: Crime is a result of people choosing to break the law. People have free will so when they commit a crime, they are individually responsible for their actions.

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13
Q

Name at least 5 types of violent crime.

A

Homicide, violations causing death, attempted murder, assault, sexual assault,
robbery, use of firearms, forcible confinement/kidnapping, trafficking in persons, extortion,
criminal harassment, uttering threats, indecent or harassing communications, non-consensual distribution of intimate objects, commodification of sexual activity.

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14
Q

Define Homicide and explain the difference between culpable and non-culpable.

A

Homicide: when a person directly or indirectly causes the death of a human being.
Culpable homicide is when the person should not have died and an someone is responsible for their death. For example, first degree murder is culpable homicide.

Non-Culpable homicide is also called justifiable homicide. It is when the person responsible for their death is not criminally accountable. For example, police killing in the line of duty, or someone killing in self-defense.

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15
Q

Define murder, identify the three categories and distinguish between mass murder and serial murder

A

Murder: when a person intentionally causes the death of another person or intends to cause bodily harm likely to result in death.

  • First Degree Murder: culpable homicide that is planned and deliberate OR the killing of a police or corrections officer OR murder that occurs during another serious offense (e.g. sexual assault).
  • Second Degree Murder: Culpable homicide that is intentional and unlawful but not planned
  • Manslaughter: culpable homicide that is unintentional and unplanned. For example murders committed in response to sudden provocation, due to impaired judgement, or recklessness/carelessness.
  • Serial Murder is Culpable homicide that involves the killing of several victims in three or more separate events.
  • Mass Murder is the illegal killing of four or more people at one location within one event. When mass murder is politically motivated it is called a terrorist attack.
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16
Q

Define Sexual Assault and explain the difference between the 3 levels.

A

Sexual assault is an assault committed in the circumstances of a sexual nature such that it violates the sexual integrity of the victim (survivor). Victims and perpetrators can be any gender. Penetration is not a required criteria.

Level 1: assault that violates the sexual integrity of the person
Level 2: sexual assault that involves a weapon, bodily harm, or threats to cause bodily harm.
Level 3: aggravated sexual assault; assault that wounds, maims, disfigures, or endangers the life of another person.

17
Q

What is criminal harassment and why is it considered a violent crime?

A

Commonly called stalking. Is the repeated following, watching, or communicating with a person or someone known to the person that causes the person to fear for their safety or the safety of someone they know.
Criminal harassment includes cyber bullying, cyber stalking, and online harassment.
Criminal harassment often escalates to violence, especially sexual assault. Like sexual violence, women are most often the victims of criminal harassment.

18
Q

What is robbery and why is classified as a violent crime?

A

What is robbery and why is classified as a violent crime?
Robbery: the unlawful taking or attempted taking of property that is in the immediate possession of anther by threatened or actual use of force or violence.
Is considered a violent crime because it is committed in the presence of the victim and involves force or threats of violence.

19
Q

Define assault and distinguish between the three levels

A

Assault is the intentional or threatened application of force on a person without consent. It has three levels.

Level 1: Assault or common assault; this includes hitting, punching, use of hands or limbs etc. Can also involve threats by act or gesture (e.g. hitting the wall, breaking things aggressively.)
Level 2: Assault that involves the use of a weapon or that causes bodily harm.
Level 3: Assault that maims, wounds, disfigures, or endangers the life of the victim (survivor).

20
Q

Define hate crime

A

Hate Crimes are criminal act towards a person or a group because of race, natural or ethnic origin, religion, language, colour, sex, age, sexual orientation, or mental/physical disability. Hate crimes often advocate for genocide, involve some sort of public incitement of hatred, and willfully promote hatred towards a specific group.

21
Q

What is property crime? Name examples of property crime

A

Property crime is unlawful acts perpetrated with the intent of gaining property but without the use of threats or violence.

Types: Breaking and entering (residential, business, and other), theft, vandalism

22
Q

What is breaking and entering? What are the different types?

A

Breaking and Entering is the unlawful entry of a a place with the intent to commit an indictable offense.

Types:
- Residential B&E: breaking and entering a private residence
- Business B&E: breaking and entering a commercial building
- Other B&E: breaking and entering private property structures such as sheds or shops

23
Q

Define Theft. How is theft severity categorized?

A

Theft is dishonestly taking someone else’s property with the intention of depriving the original owner permanently or temporarily. This includes motor vehicle theft.
Theft severity is categorized based on the value of the stolen property. Specifically it goes into the category of theft over and theft under where theft over involves theft of property over 5000$ and theft under involves the theft of property under 5000$

24
Q

Define Identity theft and identity fraud. What is the difference between the two?

A

Identity Theft is knowingly obtaining or possessing another person’s identity information with the intent to use the information to commit an indictable offense.
Identity Fraud is fraudulently impersonating another person, living or dead with the intent to gain personal advantage or with the intent to disadvantage the person being impersonated.
Identity fraud is very specifically involves impersonating the person who’s identity has been stolen. You can commit identity theft without committing fraud (e.g. selling identity information to people intending to commit fraud.)

25
Q

What was the Enlightenment in the context of criminology and what key thinkers of the time contributed to the field?

A

The Enlightenment was a social movement that arose during the 17th-18th c. that built upon ideas such as empiricism, rationality, free will, humanism, natural law etc. It indirectly contributed to classical criminological thought.

Significant Figures of the time included:
- Hobbes and Rousseau who developed the idea of the Social Contract (the agreement among individuals to live cooperatively and give up some freedoms in exchange for the protection and support of their government)
- Locke: suggested that behaviour is shaped by human experience (Blank Slate).

26
Q

Who is Cesare Beccaria and what are his major contributions to classical criminology?

A

Beccaria (1764) lived during a time where people were tortured, there was institutionalized terror, and capital punishment applied to many minor offenses.

Beccaria believed that people made the choice to break the law because they believed doing so would advance their own interests. He believed that people have free will and would commit crime if it suited them and they thought they could get away with it.

He believed that punishment, in order to be effective, had to be SWIFT, CERTAIN, and PROPORTIONATE. He emphasized that it also had to be public to enhance deterrence. Punishment was not for retribution, it was only for deterrence.

27
Q

Who is Jeremy Bentham and what are his contributions to classical criminology.

A

Bentham is the founder of the classical school. He believed that pain of the crime must outweigh the pleasure.

Said that people are hedonistic (like pleasure and avoid pain) so punishment must be just painful enough to outweigh any pleasure.

He also pushed for punishment to be used as deterrence not as retribution

Punishment had to be the right intensity and duration, it also had to be certain and immediate.

He encouraged the development of a centralized police force and also developed the Panopticon Prison.

28
Q

What is the most lasting and significant contribution by Beccaria and Bentham?

A

Thanks to the work of Beccaria and Bentham, today our lawmakers, law enforcers, and judges are separate. So the people who uphold the law are different then the people who make the laws.

They also led to court processes becoming open and transparent and contributed to the development of the right to a jury of one’s peers.

29
Q

What are the five principles of classical theory still around today?

A
  1. Rationality: Humans have free will and the actions they undertake come from rational choice.
  2. Hedonism: pleasure or pain are the major determinants of choice
  3. Punishment: criminal punishment is a deterrent to unlawful behaviour and deterrence is the best justification for punishment.
  4. Human Rights: society is made possible by individuals cooperating together so society owes to it’s citizens respect for their rights in the face of government action and for their autonomy in so far as such autonomy can be secured without endangering others or menacing the greater good.
  5. Due Process: an accused person should be presumed innocent until proven guilty and the accused should not be subjected to punishment until guilt is lawfully established.
30
Q

What are some limitations and benefits of classical theory?

A

Limitations:
- Encouraged the idea of fixed sentencing which limits judges’ discretion
- failed to consider other explanations besides free will and rational choice for why people commit crimes
- Put to much reliance on rationalism (are people always rational?)

Benefits:
- Contributed to deterrence theory (general and specific)
- Established rights like equality under the law (did it really though….) and innocence until proven guilty.
- It reduced support for capital punishment

31
Q

Explain rational choice theory and name it’s two variations.

A

Rational Choice Theory is a perspective holding that criminality is the result of conscious choice. It predicts that individuals choose to commit crimes when the benefits outweigh the costs of disobeying the law.

Its two variations are:
1. Routine Activities theory
2. Situational Choice theory

32
Q

What is Routine Activities Theory?

A

Routine Activities theory suggests that crime is created by a scenario involving a motivated offender, a suitable victim, and a lack of a capable guardian.

It comes from the idea that lifestyles and law abiding people have predictable ruitines that motivated offenders will take advantage of if a suitable guardian is not present.

This theory looks considers a combination of choices made by perpetrators and choices made by victims and believes that people who take crime prevention strategies are less likely to be victimized

33
Q

What is Situational Choice Theory?

A

Situational Choice Theory believes that a combination of situational opportunities plus rational choices combine to create crime. Crime occurs more in certain settings that create good opportunities for criminal behaviour.

34
Q

What do both Routine Activities theory and Situational choice theory recommend as a way of reducing Crime?

A

Target Hardening, making targets less enticing for perpetrators, making it more difficult to commit and get away with the crime. (e.g. security cameras.)

This really only works on property based crime because as soon as you apply target hardening to people, it starts to look a lot like victim blaming…

35
Q

How do contemporary biological theories differ from early theories?

A

Today’s biological theories look more at genetics, chromosomes, hormones, and neurotransmitters as well as physical environmental factors (e.g. exposure to toxins, diet etc.).

As well, contemporary biological theories are more interested in an integrative perspective that combines biological explanations with other factors including social. They have moved away from anatomy is destiny and look more through the lens of “predispositions”

36
Q

What are some major themes of contemporary biological theories?

A

Neuroscience: links between genetics, and the production and control of neurotransmitters which influence behaviour (e.g. aggression)

Child Maltreatment and it’s affects on neural chemistry leading to increased risk of anti-social behavior

Genetic influence on self control

the relationship between genetics and environment on anti-social behaviour

37
Q

What are the primary features of Biosocial Criminology?

A
  • this theory recognizes that biological and social factors do not operate in a vacuum
  • It is a holistic perspective that considers multiple factors and how they interact.
  • Believes that biological factors can predispose a person but do not cause criminality alone