Week 1-5: Midterm 1 Flashcards by Luc King

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

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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)

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What helps define what is a crime?

a) historical context
b) prevailing cultural norms
c) how society perceives crime (shifting, debate)

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“An act or omission that is prohibited
by criminal law” is a _____ ______ definition of Crime.

OBJECTIVIST LEGALISTIC

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FORMAL DEFINITION OF CRIME / “OBJECTIVIST LEGALISTIC is known as

“An act or omission that is prohibited
by criminal law”

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Two main elements of a crime

The commission of an act (actus reus)
The mental intent to commit the act (mens
rea).

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3 main types of offenses

Summary
Indictable
Hybrid

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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

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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

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Type of crimes where the Crown chooses whether to treat as indictable or summary (ie, assault with a weapon, or posession of cocaine)

Hybrid

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____ 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

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True / False: definition of criminal code
offences are a site of intense legal debate.

True

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(Assuming in Canada) ______ % of cases are plea deals

90%

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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

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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.

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a person’s facial features or expression, especially when regarded as indicative of character or ethnic origin and determining crime

Physiognomy

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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

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determining the skull structure as a indicative of character and likeliness to commit crime

Phrenology

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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

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stigmata (Lombroso)

abnormal or uncommon physical characteristics that predicts an individual as a criminal or not

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atavism (lombroso)

persons who were not fully evolved (or earlier forms of man or primates)

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A twisted nose
Excessive cheekbones
Long arms
Wrinkles
Large Jaw
Large Chin
are all a part characteristics of a _______ according to ___________

Criminal
Cesare Lombroso

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3 Types of Theories of why an individual commits a
crime (Objectivist Legalistic Approach)

Biological Cause
Psychological Cause
Sociological Cause

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Based on the Objectivist Legalistic Approach: being physically / psychologically an inferior human or being a “Criminal Atavist” is a ______________ of Criminality

Biological Cause

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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?

1. Hospital Studies 2. Self Reporting 3. 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

1. males 2. 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 ___%

1. 90% 2. 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