CCJ27- Week 2- Glossary of Other Key Concepts and Terms PDF

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From Week 2's Topic - What do we know about crime, and how?

These are terms that may also assist you with your studies to help underpin some of the other key concepts on which the Learning Objective depend upon. These are all taken from the Williams, K (2012) Textbook on Criminology, ...

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Week 2 Essential Key Concepts and Terms Official Data: Data that is produced by government departments/agencies. The main sources in Australian include the Criminal Justice System (Police, Courts & Corrections) and the AIC (Australian Institute of Criminology). Victimization Data: This data helps reveal some of the true extent of crime, as with official data only detected, reported, and processed and recorded crimes are added to the data. This data show that more crime occurs than official data tells us. Disadvantages include that over & under reporting can happen for multiple reasons. Self-Report Data: A type of data that is usually collected from an anonymous survey to measure attitudes, beliefs and other demographic data. It is assumed that with anonymity people will answer honestly. Is used my criminologists to study such phenomena as drug usage, criminal behaviour, domestic violence etc. to gain a picture of unreported crime and criminal behaviour. The “dark figure” of crime: This term refers to the vast amount of crime that does not show in the official data, as there is a huge amount of crime goes unnoticed to authorities and seeing authorities only produce official data that they are aware of here is a gap between actual and recorded official data on crime. Qualitative Research: This type of research is focused more on exploring the criminology field and expanding the areas of research. Can be used for developing theories, hypotheses, or focusing on a specific phenomenon or experiential aspect of criminology. Quantitative Research: Is research based on numerical data and is an essential element in being able to calculate inferential statistics in criminology. The purpose of this research is to be able to infer or generalise the findings to the larger population of interest. The Known Correlates of Crime: 1. Age: Most crimes are committed by younger people, and is one of the most noted and wellestablished correlation to crime. 2. Gender: men are known commit crime especially violent crimes than women. 3. Social Class: Differences in official data to self-report data of greater numbers of lower social class in the CJS has been attributed to differences in law enforcement practices. There are some crimes that may be equally spread through social class, other crimes may be more specific to a single social class e.g. white-collar crime. 4. Ecological factors: A relationship has been found between increased crime with a rise in temperature. Has been found that rural areas have the lowest rate of crime and large urban areas have the highest rate of crime.

Week 2 Additional Terms from Chapter 2 of Williams (2012) Precedent: This is a binding rule that must be applied to rulings of similar cases in lower courts of the court system hierarchy. Delegated Legislation: rules made other people or bodies (delegates) other than the parliament but they are authorised by the parliament to make these rules Actus reus: Refers to certain behaviour that is criminalised and forbidden by law this means the person who committed this/these behaviours can be convicted of the offence. But before a conviction can occur it needs to be proved that they acted a behaviour condemned by law (this proving is the definition of actus reus). mens rea: the mental state of the accused in respect of the elements of the offence mala in se crimes: They are harmful crimes in themselves and are universal crimes are always considered morally wrong actions. These crimes also violate the law, but they are first and foremost actions which go against the standards of society. These are crimes such as Rape, murder, robbery, and assault and battery. Consensus Approach to Defining Crime: The belief that crime definitions arise from that the act, or consequences of the act (the crime) are considered wrong and/or unacceptable by most of the society. Modern Sociological Approach to Defining Crime: focuses on the definition that any crime classed as criminal. This approach interprets that societies are too large therefore everyone cannot define the rules, which leads to some group/s defining the rules for within that society. Conflict Theory View of How Crime is Defined: Constructed on competing groups within society struggling for power. Conflict is resolved as the group with more power enforces their views by utilising the law to aid enforcement of their view. To dominate the opposing group the more powerful controls the other group by criminalising what their behaviour consists of. Criminal law in this view is developed to protect the powerful and their interests. Critical School of Thought approach to defining Criminal: do not accept the status quo component of Marx’s theory- they argue that the criminal system doesn’t emerge from the domination of capitalism. Agree that dominant groups behaviours are deemed legitimate, while the weaker groups behaviours are more likely to be deemed unacceptable- although this is not always related to capitalism. Incorporates analysing criminals and their behaviour, the need for a definition of criminal by the state, society’s constructs of social order, but also the victims’ actions, views and their input into the crime. de facto decriminalised (reform): the criminal penalties remain in the legislation/law but discretion can be used such as the choice of whether to charge and prosecute the individual de jure decriminalisation (reform): the criminal penalties for the offences are omitted from the law but with some offences there is still the opportunity to use other sanctions such as fines etc.

Due Process: The right of suspect/defendants to be entitled to a fair trial and that certain procedures for obtaining evidence how it is procedurally fair to the suspect/defendant (if not the evidence is admissible). The places the rights of the suspect/defendant and the need for fairness for these individuals. As there can be power imbalances of actions of the state and human error/biases can occur. Crime Control: this process is centred in that crime need to be dealt with swiftly and harshly. The needs of the victims and society are placed over the right of the suspected/accused defendant. This model works on focusing on delivering harsh penalties to the guilty so it creates deterrence for other individuals to not commit the same offence. It is believed that punishment should be unpleasant. It also focuses on that the system is willing to convict a few innocent people as guilty than let a guilty person be acquitted. Rehabilitative Aim: use the opportunity of the CJS to engage help for the individual, with asking at each step how can we best deal with this person. This aim focuses on future prevention rather than the past criminal behaviour that has been committed. Bureaucratic Model: this model focuses on the procedures of the CJS and how smoothly these are managed. It is believed to keep trust in the CJS, and allow for efficiency to be seen by the public etc, that despite if crime is rising the CJS is handling this demand effectively. It refers to such things as time toc complete cases, number of guilty pleas/convictions etc. It does not necessarily affect crime levels in the society but rather shows how well the CJS is at managing this ‘problem’. Denunciation & Degradation Approach: The need for shaming and humiliating the offender (and the defendant) to polarise them from the law-abiding citizens. This reminds the law-abiding citizens of their continual virtue of not committing crime. It has been stated by Braithwaite (1988) that this is necessary to cause enough internal shame within the offender to evoke their need for rehabilitation due to the shame they have felt of harming another being. The media assists with this approach/process in shaming offenders of their crimes. The Power Model: Based on Marxist Social Conflict Theory interpreting the CJS as a way for the powerful to control the weak. In this view, criminal law has 1 of 2 ways of being interpreted either having such specific laws that they enable a discriminatory ability to polarise the powerful from the weak, or the laws are too open that enables the ones controlling the CJS (the powerful) to be able to have discretion on similar offences that may have two totally different outcomes. So, the latter would explain in the powerful being able to be excluded from criminal offences/law on a discretion basis. This view it is believed the powerful’ benefits are maximised for only them not the entire society. Criminal Legal Definition is a person who has been convicted of a crime by a court of law. Criminal wider of criminology definition: is a person who is willing to engage in certain behaviours, despite whether they have been caught and/or convicted by law enforcement. Accused/Defendant: what the individual is called after being charged and prosecuted but the matter is yet to finalise such as convict or acquit the individual

Appellant/Accused: what the individual is referred to as in the event of an appeal to have either the sentence reduced or the conviction quashed. Felonies: More serious crimes that included penalties with a conviction and other punishments such as forfeiture of one’s possessions/good and land, and even capital punishment Misdemeanours: was all other offences that were not classed as a felony and were considered as less serious offences and the punishment/penalty was less serious as Indictable Offences: Are more serious offences and are usually heard or tried by a higher court in the court hierarchy. In Australian a magistrate’s court will hear the initial application of proceedings and then will decide whether the case will be committed to a Higher Court (District, County or Supreme Court depending on the Australian State), this is known at committal proceedings. To make this decision on where a committal should be made the magistrate decides that there is enough evidence put to the court in preliminary proceedings that accused/defendant must answer too. If the magistrate decides there is lack of evidence the proceedings will not be committed to a higher court for trial. Summary Offences: Are less serious offences and are usually heard in a magistrate’s court. Double Jeopardy: If a competent court acquits the accused those proceeding cannot be raised for that specific offence again or brought up in later proceedings of the accused Burden of Proof: A parties’ duty to prove the disputed allegation or facts...