Week 1-5: Midterm 1 Flashcards
Since the Ideas of crime and justice are always shifting and changing (time, culture, etc), we can therefore usually say that crime is ______ ________ .
socially constructed
- In Toronto on Sundays from 1912 to 1961, it was
_____ to toboggan in Toronto’s High Park. - Why?
1) Illegal
2) It was the day of mass (church)
What helps define what is a crime?
a) historical context
b) prevailing cultural norms
c) how society perceives crime (shifting, debate)
“An act or omission that is prohibited
by criminal law” is a _____ ______ definition of Crime.
OBJECTIVIST LEGALISTIC
FORMAL DEFINITION OF CRIME / “OBJECTIVIST LEGALISTIC is known as
“An act or omission that is prohibited
by criminal law”
Two main elements of a crime
- The commission of an act (actus reus)
- The mental intent to commit the act (mens
rea).
3 main types of offenses
- Summary
- Indictable
- Hybrid
Types of Crimes that are Less serious (causing disturbance, or prostitution related offences . Very few laws are purely these offences and only 6 months to charge them with a maximum of 6 months in prison)
Summary
Type of crimes that are more serious (ie, murder sexual assault, weapons, etc) and have to appear before a judge or jury which the crown decides (Offenses usually are more serious and charges can be brought to you at any point beyond six months)
Indictable
Type of crimes where the Crown chooses whether to treat as indictable or summary (ie, assault with a weapon, or posession of cocaine)
Hybrid
____ occurs when one;
1. Violates a provision in criminal law
2. Has the actus reus and mens rea
3. Does not have legal justification for the act
Crime
True / False: definition of criminal code
offences are a site of intense legal debate.
True
(Assuming in Canada) ______ % of cases are plea deals
90%
True / False: very few crimes / cases don’t make it to the system or are thrown out because of these time limits on summary offences
False
IF YOU ONLY TAKE THE Objectivist Legalistic STANDPOINT OF CRIME
1. Crime is only defined by _____ ______ .
2 Focus is: ___________________________________
- Legal statutes
- why crime is committed so policy makers can create
regulations to reduce it.
a person’s facial features or expression, especially when regarded as indicative of character or ethnic origin and determining crime
Physiognomy
What are two negative outcomes of not considering why something is considered a crime in the first place?
- You won’t focus on who decides what is a crime
- You wont focus on the broader social context
determining the skull structure as a indicative of character and likeliness to commit crime
Phrenology
This italian “father” of scientific criminology used phrenology / physiognomy to argue that criminality was inherited, and that the “born criminal” could be identified by physical defects, which confirmed a criminal as “savage,” or “atavistic.”
Cesare Lombroso
stigmata (Lombroso)
abnormal or uncommon physical characteristics that predicts an individual as a criminal or not
atavism (lombroso)
persons who were not fully evolved (or earlier forms of man or primates)
- A twisted nose
- Excessive cheekbones
- Long arms
- Wrinkles
- Large Jaw
- Large Chin
are all a part characteristics of a _______ according to ___________
- Criminal
- Cesare Lombroso
3 Types of Theories of why an individual commits a
crime (Objectivist Legalistic Approach)
- Biological Cause
- Psychological Cause
- Sociological Cause
Based on the Objectivist Legalistic Approach: being physically / psychologically an inferior human or being a “Criminal Atavist” is a ______________ of Criminality
Biological Cause
Based on the Objectivist Legalistic Approach: Having Pathology and personality defects such as the inability to feel emotions or remorse is a __________ of Criminality
Psychological Cause
Based on the Objectivist Legalistic Approach: Not being able to conform to socially accepted norms and values (due to environmental conditions or lack of self control) is a _________ of Criminality
Sociological Cause
The notion that the legal status of behaviour is not determined by the behaviour itself, but is the result of the social response to the behaviour.
Social Construction of Crime
A condition, episode, person or group of
persons emerges to become defined as a
threat to moral norms.
Moral Panic
In the early 1900’s Canada’s “Opium Act” is a good example of _______ / or / ______ _____
Social Construction of Crime or Moral Panic
________ Theorists critique the assumption that our laws represent the agreed upon interests and values of society as a whole
Conflict
Societies are more organised by conflict than they are integrated by consensus
Conflict Theory
_____ Theorists would believe The social norms and values codified into law have been promoted by the more powerful and dominant groups in society
Conflict
“Crime is a political and social construction designed to protect the power and position of the upper classes at the expense of the poor and marginalised.”
and
“Concept of crime is controlled by wealth, power, and position, not by moral consensus of values or fear of social disorder.”
are two Basic Expanded definitions of ______ ________ .
Conflict Theory
______ Theorists would believe that an agreement exists on outlawed
behavior, and that Laws apply to all citizens
equally
Consensus
True / False: Lombroso also had physical or atavist traits for women
True
“NATIONAL MEDIA COULD NOT FATHOM HOW A ‘GOOD
WOMAN’ COULD BE INVOLVED IN VIOLENT CRIME” was a gender misconception in Canada’s case of _____
Karla Homolka
he criminal body is like a disease that will
potentially infect the “social body” (society).
Medical model of criminality
Spanish Horse, Witch
Burnings and Lombrosos female offender criteria are all historical examples of ________ ________
Policing Femininity
A criminal sentence which is used for mostly criminally insane (actus reus), sometimes life in institutions; very luckily parole
Indeterminate Sentence
Why did Paul Bernardo and Karla Homolka’s murders cause National Media Discourse and were known to “shatter Canada’s innocence”
Ideal perfect couple (heteronormative & monogamous) capable of extreme evil
________ Theory is a sexist belief that refers to the attribution of male characteristics to women in an attempt to understand their behavior rather than locating women’s behavior in female experience or structural location
Masculinization
_________ Theory is the sexist belief that women who commit crimes are awarded more lenient sentences than males who commit crime
Chivalry
_________ Theory is the sexist belief the treatment of social conditions or mental
states, or collections of symptoms which are considered undesirable as if they were a medical problem. This shifts the blame on the individual instead of the society.
Medicalization
3 Sexist Explanations / Theories for Female Crime
Masculinization Theory
Chivalry Theory
Medicalization Theory
The idea that representations of women continue to
be shaped by dominant cultural
representations, and that not all classes and races of women
enjoy the same privilege of seeing
themselves reflected back in the frame
of normative femininity is known as _________
Hierarchy Of
Worthiness
_________ __________ suggests that societal expectations of how women should behave (what men believe) conflict with perceptions of crime
Normative Femininity
The “Dark Figure of Crime”
Sexual Assault
______ ______ is a reflection of larger problems of hegemonic
masculinity
Sexual Violence
_____ % of postsecondary students (western)
have either experienced or witnessed sexual violence on
campus.
71%
____ _____ Stereotypes shape police decisions around who is worthy of
the protection of the law and function to
blame and disqualify women who fail to
conform to these narrow ideals
‘‘ideal victims”
Level of assault of a sexual nature that violates the sexual integrity
of the victim.
Level 1
sexual assault with a weapon or causing bodily harm
involves sexual assault with a weapon, threats to use a weapon or
causing bodily harm
Level 2
aggravated sexual assault involves sexual assault that
wounds, maims, disfigures or endangers the life of the victim
Level 3
True / False: No statue of limitations / time limit when it comes to sexual assault
True
True / False: Convicted sexual assaults usually have harsh punishments
True
highest rate age of sexual assault is young women from ______ - ______
15-19
How do we even know that sexual assault is
underreported?
- Hospital Studies
- Self Reporting
- GSS (General Social Survey)
True / False: Sexual Assault is less likely to happen in rural areas
False
The two main gaps in groups for sexual assault are
- males
- elderly
The ______ in Canada is when Respondents are asked to report any violations of
the criminal law that they have committed, or
victimizations that they have experienced
without fear of disclosure or arrest
GSS
Rape Myths
- Clothes
- Should have fought back (keep knees together)
- Shouldn’t have been taking substances
- Shouldn’t go out at night alone
etc
“Us vs Them”, “Loyalty to each other”, Authoritarianism, feeling like the public is against them, camaraderie, or shielding peers from punitive action, are all examples of
Police Subculture
The strategy that Police should address crime – often in
collaboration with community or with Problem solving models
Problem-Oriented Policing
Carding
- Youth, especially Indigenous, Black and other racialized youth, and youth in low-income housing, are disproportionately impacted
- They can establish either a friendly or an antagonistic relationship
with police that will last a lifetime - negative effect on the physical and mental health of those living in areas where
there are high levels of pedestrian stops - negatively impacts employment and educational opportunities
- were not necessarily reflective of the resident populations of the
communities where they lived
The policing model named “SARA” stands for
Scanning: identifying/prioritizing problems
Analysis: Researching the problem (study effects/prevention)
Response: Developing Solutions to bring permanent reductions
Assessment: Evaluating Success of response
- Biodata
Facial recognition software
Traffic & car cams
Body cams
Licence plate readers
GPS locators
are all a part of
Algorithmic Trend Policing / Predictive Policing
Racialized folks being in white wealthy neighborhoods which leads to
More stops and arrests
Inaccurate data sets
is known as __________ Theory
“Out of Place” theory
Higher concentration of racialized communities
More police patrols & active law enforcement
Disproportiate ‘hotspots’ in disinvested areas
are all related to
Socially disinvested neighborhoods
Black people accounted for 35% of those arrested for
possession offenses when they make up less than 10% of
Toronto population, however studies show that
Black people do not use drugs more than
any other group.
visible signs of crime, antisocial behavior, and civil disorder create an urban environment that encourages further crime and disorder, including serious crimes
Broken Windows Approach
Strict order-maintenance approach by police in a
targeted area
Zero-Tolerance Policing
socially constructed identity that has changed over time, ex.
Italian, Irish, Eastern Europe
Whiteness
The _______ _______ ______require police to immediately notify the SIU of incidents
where there is a serious injury or death involving
police. However, still is not reported or misled
Police Services Act
____% of SIU investigators are former cops
70%
TPS officers were cleared of criminal wrongdoing in
over ___% of all SIU investigations
Between 2002-2016: clearance rate of ___%
- 90%
- 97%
Issues with SIU investigations include:
- Witness officers refusing to answer
questions
Officers not completing notes or destroying
them
Attempts to access security camera footage
while a SIU investigation was in progress
True / False: Body Cams have been shown to work great
False
