CC100 - Lecture 22 -24 PDF

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This covers chapter 8-9 as well as tips for a major assignment ...

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CC100 Lecture Notes Nov 19, 2019 Chapter 8; New Right Criminology Introduction - By the 1980s conservatives, political ideology dominated, “law and order” emerged as a predominant issue - The ideas of new right criminology are based on the themes (1) Placing responsibility for the crime on the individual; and (2) Reasserting punishment - This approach had two different dimensions (1) Populist (related to the political process) (2) Academic dimensions (related to work of criminologists) - Two differences in political perspectives within new right criminology (1) Right-wing liberalism - New right refers to a particular political orientation rather than a coherent theory - It is a conservative perspective - It directly opposes the liberalism of strain theory and labelling perspectives - Emerged during the 1970s and 1980s when the boom of economic prosperity in advanced capitalist countries had come to an end Social Context - There were concerns around high unemployment levels and a fear of increased personal crime which was exacerbated by the alienation and marginalization felt by many young people - Politically there was a swig to the right and the focus was on wealth creation and controlling the power of trade unions - This was the era of globalization and the creation of the global economy - Impact of these new economic policies included: - The argument that economic prosperity lay in free trade (NAFTA) - Global policies that emphasized economic efficiency tax cuts and curtailing welfare - An argument by economic rationalists that the wealth created by these measures would benefit both rich and poor. In reality, the strong (rich) would benefit the most while the rest would have to work harder Law and Order Agendas - In the context of economic hardship there was a rise in law and order agendas international law and order politics has emphasized combating terrorism and drugs by any means rather than former concerns on human rights - Domestically war on crime meant - An attack in the disorder in society

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More police personnel power resources and Longer sentences more prisons stronger discipline and the demand for greater responsibility

The populism of the law and order agenda - Here we think about how the concept of populism impacts our understanding around issues of crime and criminality - Populism is not defined political ideology but instead almost a political mood it sets the stage for us versus them mentality where us is always acceptable and them is undesirable dangerous and potentially destructive to social order - It is reductionist: reduces all crime problems to simple explanations (bad people) and provides simple solutions (longer sentences) - Crime rates are soaring - Crime is worse than ever - The criminal justice system is soft on criminals - There should be more police - Police should have more power - Courts should deliver tougher penalties - In order for victims to be satisfied, there is a demand for greater levels of retribution administered through the courts Right-wing libertarian - A strong belief in free-market capitalism - Support for minimal state intervention (restricted to instances where other people may actually come to harm by one's social actions) - A foundation based on the moral philosophy of egoism (selfishness) - A belief that humans are rational entities who exercise free will - A belief that theories in the past have made excuses for individuals and taken away personal responsibility for one's actions - Crime is defined in terms of the infringement of property rights- including infringement on one's personal self - The role of the state should only be to intervene when people actually come to harm by others actions - There should be minimal state intervention and the focus of ant intervention should be on enhancing and protecting individual liberty and protecting private property - The cause of crime lies within the individual - Crime is viewed simplistically as a matter of ration choice and people should be held fully responsible for their actions - Victimless crimes should be decriminalized - Where harm occurs the offender should be punished - Punishment is informed by the concept of just deserts - the idea that the punishment is proportional to the crime - and focuses on - Retribution

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Deterrence Incapacitation Punishment

Traditionalist Conservative Perspective - Characterized by a broader view of crime than RW liberal - Crime not only includes activities that endanger property or person but also activities that offend social morality - Crime is dangerous in that it represents an attack on traditional values and undermines respect for authority - The crime involves more than just free and rational choice it is premised on an understanding of human nature as inherently evil or flawed - Causes of crime include - Individuals who are unwilling to accept discipline - A lack of respect for authority - A weakening of traditional loyalties (e.g rejection the ideals of the patriarchal family) - The pursuit of individual gratification - Response to crime - Punishment is viewed as an essential deterrent to crime - Is a form of social retribution meant to have a symbolic impact on society - It may be greater than proportional to the crime - The focus for crime prevention must be on the importance of using morality to maintain society - A crime must be punished quickly to set the moral standard and keep people online - Moral solidarity must be established through stigmatization of those who engage in criminal or immoral activities - Coercion in order to teach discipline so people can lice as members of a civilized community

CC100 Lecture Notes Nov 21, 2019 Chapter 8; Continued Historical Development - Right-wing libertarian approach - Clearly linked to the classical perspective - Emphasizes individual choice, responsibility, punishment, proportionally, and protection of liberty and property - Traditionalist COnservative approach - This approach is reflected in sociological and criminological theorizing - Emphasizes punishment reinforce moral boundaries, echoing Durkheim’s work - Unlike Durkheim conservative traditionalist promote a single moral “rightness” in society Control Theory - People are inherently anti-social; everyone would commit a crime if they so dared - An individual bound to society is socialized and determines whether she or he abides by society's rules and values - An individual's bond to society is comprised of four elements that determine whether they embrace accepted social values or pursue a crime 1. Attachment 2. Commitment 3. Involvement 4. Belief Contemporary examples - Gottfredson and Hirschi (1990) - Low self-esteem leads to criminal behaviour - self- control is socialized through parenting prior to age eight - It is developed in children if “the person who cares for the child will watch for this behaviour, see him doing things he should not do, and correct him” - Those who offended need to be retrained so that they are reattached to some kind of family have long-range conventional goals school and acquire beliefs in the morality of law Rational Choice Theory - Assumes criminals are rational agents who seek to maximize their own benefits and can be deterred from certain behaviours - Strategy to increase the risks and costs associated with crime - The potential offender is thus deterred from crime in certain areas and against certain targets

Underclass explanations - The problem is the behaviour of certain groups (e.g the poor, homeless, single mothers, African-Americans) - Ignores structural conditions (e.g lack of jobs) and presents so-called underclass as a moral category - The underclass engage in crime, substance abuse illegitimate births and nonparticipation in paid employment choices - The solution involves disapproval (rather than an understanding of social conditions) withdraw of government supports for the disadvantaged and efforts to social responsibility and accountability for welfare and lifestyle choices - The new right criminology dovetails with new right politics - Its electoral appeal leads to law and order scapegoating: - Sensationalist hyperbole - Attempts to contain “dangerous classes” - Assessment of “risk and dangerous” - “Zero tolerance” policing: - “Three strikes your out” and tough on crime punishment Critiques - Similar to classical criminology, new right criminology ignores the issue if the power in their assertion of free will - It fails to analyze the notion of choice that is characterized by inequality rather than equality; - It ignores social division of ethnicity, race, gender, and class where some groups are overrepresented in the criminal justice system (e.g indigenous peoples) - It rests on adherence to a particular set of majority values that fails to include significant sectors of society - It creates opportunities for the government to capitalize on the emotional needs of the electorate - The social difference is equated to social deviance - It leads to an erosion of long-established human rights and civil rights (e.g asylum seekers) CC100 - Chapter 9; Restorative Justice Introduction - Restorative justice is a fairly new perspective and social movement - It draws upon a wide range of concepts and trends previously examined - It offers a holistic view of crime and society based upon; - Moving away from the punitive model - Ideals of individual and community healing - Restoration of peace and harmony

Social context Restorative justice responds to the conservatism of the last two decades - Many conservatives claimed treatment rehabilitation and preventive Republication theory - Braithwaite and Petit - Republican theory challenges the retributivist perspective and goal-oriented approaches like utilitarian - Theories that single out subsystems (police, prosecution or punishment) may miss interactions that connect them - The criminal justice system needs to be seen as a complete entity a holistic approach is necessary Concept of Dominion - Robust social freedom that is only achievable through a well-governed state - Connects individuals as citizens - Full dominion achieved through equal; opportunity for liberty and common knowledge about this condition Policy Presumption → 1. Parsimony; criminalization is costly and should be minimized 2. Non-invasiveness; penal [powers should not be overly invasive 3. Reprobation; justice should convey a shaming moralizing message 4. Reintegration; offenders must not become outcasts as thins infringes on their dominion and threatens the dominion of others Reintegrative Shaming - A process whereby the offender is publicly rebuked for the harm he or she has caused but is then forgiven and reintegrated into society - As a part, if the reintegrative shaming process the victim is directly involved in proceedings and can be compensated for the harm done - Focus on maximizing personal dominion for the victim - SHAME THE ACT NOT THE CRIME Historical Development - A number of factors led to the development of restorative justice in Canada - Failure of the adversarial system to lower crime rates (high crime rates) - High rates of incarceration - Overrepresentation of aboriginals in the criminal justice system - Exclusion of victims and communities from justice decisions - Development of victim rights organizations - The emergence of a movement advocating for community-based justice

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The historical development of restorative justice has a strong roots in indigenous communities in the 1970s - Aboriginal leaders implemented restorative justice intimates often reinforced and extended the influence of traditional healing and spiritual practices for the communities

CC100 Lecture Notes Nov 26, 2019 Chapter 9; continued Victims Rights - Legislative changes have been made to meet the needs of victims of crime and allow them greater participation in the criminal justice system. Community based justice - Advocates claim that community based justice intivates may encourage a peaceful expression of conflict while building respect for community and encouraging community to take responsibility for problem solving Alternative Approaches to Incarceration - Restorative justice approaches are based on three interrelated propositions - Crime is fundamentally a violation of people and interpersonal relationships - Violations create obligations and liabilities - Restorative justice seeks to heal and put right the wrong Examples of RJ Models - Models of restorative justice in canada - Victim-offender mediation or victim reconciliation - Community and family group conferencing - Sentencing circles Victim-offender mediation or reconciliation - Common theme bringin the victim and offender together - Can take place pre-charge, post charge Community and - Widens participation to include friends and family if victims and offender Sentencing circle - Even wider to include victims, offenders, community elders, court officials

Truth and reconciliation - The truth and reconciliation commission was formed as part of the indian residential schools settlement agreement between the indigenous peoples and the government of canada - it's goal was to seek out and illuminate the truth behind residential schools and the mistreatment of indigenous people - The government was seeking repair, rebuild, and strength to the relationship between indigenous communities, non indigenous, Canadians, and the government. Peacemaking Criminology - Criminal justice represents a means of inflicting pain under the guise of reducing crime - It argues that society cannot solve violence or human suffering - It emphasizes transformative strategies in economic and authority structures premised on participatory forms of conflict resolution - It is important that we live our lives based on love, forgiveness, kindness, and hope - The solution to crime requires communities of caring people, universal social justice, and the reduction of hierarchical structures - The economic structure need to be modified to discourage competition and individual rights Critiques of RJ - It links a range of variables associated with crime (unemployment age gender) but does not map out how each is ordered in terms of the flow of variables - Presumes societal consensus concerning the nature of criminal activity - As, such policies fail to address issues of racism class structure and institutional biases - How wre distingush betwen reintergrated and shaming discrimination. Shaming does not easily apply to the non-individual crimes (state crimes) FOCUS ON THE PERSON NOT THE ACT - if you shame the offender you shame the entire being - Potentially violates due-process rights of offender - Self incrimination required in order to gain access to the restorative process - Net widening process of social control - Process of the more people we get involved into their lives the more likely they are to get you to behave better. - More professional in your lives → teaching the individual how to behave - Essentially casting a wider net of people there to surveil/monitor you - Social service, probation officer, counselors - Relies on informal controls/measures - The widder the net → the more control they have over your life Critiques of peacemaking criminology - Agues the perspective is utopian; little is offered empirically, explorality or theoretical understanding

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While offering opportunities for reflection about different wa6ys to frame the issue it does not offer suggestions for practical application There may be legitimate, liberating applications of violence in relation to state authority Rather than achieving peach victims may be revictimized by the process

Conclusion → we punish the individual despite the fact that they may have been targeted or victimized. - Provides a more holistic account of crime in comparison to bad apple approaches - People should be responsible for their actions but our response to those actions should be constructive - RJ offers intrinsically human and socially positive conflict resolution - Moreover with the fiscal crisis in government RJ in understandably attractive - Prisons are expensive and it makes sense to look at alternative cost efficient and efficient measures of crime control - They offer hope and redemption in a world driven by hatred and social difference Theoretical Paper Tips https://students.wlu.ca/academics/support-and-advising/writing-support/resources/index. html - Documentary - Theory it relates to - Explain why → make connections - Do you know what the theory is - How and where you see it in the documentary - How is it demonstrated What to Avoid - Conversational writing...