Exam revision for crime trough ages PDF

Preview

Summary

its a summary of the lectures. some multiple Qs and some definitions...

Description

Which criminological theory supports the notion of an atavistic criminal? Determinism

Young People and the Law contact with the juvenile justice system increases contact with who? Delinquent peers

Criminology is NOT an academic discipline The Cronulla riots involved which minority groups? Lebanese Australians and Anglo Australians

Young People and the Law Kroska and colleagues investigated perceptions of the juvenile delinquent label using three dimensions of meaning: evaluation, potency, and activity

According to the cruise industry officials, how many cruise ship crimes occur each year? 50

Young People and the Law official sanctioning for juvenile delinquency fosters what? Recidivism

The cruise ship industry is largely governed by selfregulation and what? international law

Young People and the Law The concept of as ‘adolescence’, did not emerge until when? Early 1900’s

International law is a branch of law that governs the rights and responsibilities of who? States

According to the lecture notes, what is the theory which asserts that young people are impulsive and reckless due to structure of their brain is called what? Adolescent brain theory

The first dedicated cruise ship was built in 1970s. The news media overrepresent what types of crimes? Violent crimes It is important to study media coverage of crime, because it influences both public perceptions and social policy decisions

People who become famous on social media through their ability to attract attention, are referred to as what? Microcelebrities.

Young People and the Law According to Schweitzer and Saks, what percentage of ‘science’ on the show, CSI, doesn’t exist? 40% Young People and the Law According to Schweitzer and Saks study, who was marginally more likely to deliver a guilty verdict? Non-viewers Young People and the Law what is the most worrying illegal use of 3D printers? Weapons Young People and the Law according to Intravia and colleagues, social media consumption is associated with the cultivation of fear of crime.

What percentage of young people between 15-17 engaged child protection services? 0.02% Name the three academic disciplines that have an interest deviance Political science, sociology, psychology Name three forms of positivist criminology Biological, psychological, and sociological Can you name 3 of the 10 crimes against humanity? Murder, extermination, enslavement What is the 4 cultivation theory Substitution hypothesis: stronger the influence in absesnce of personal experience Resonance hypothesis: stronger influence in presence of personal experience Affinity hypothesis: stronger influence when resembling victims Vulnerability hyphothesis: stronger influence for those who feel vulnerable

What areas does the frontal lobes aid our thinking Decision making, ability to plan, and problem solving What are the names of the 3 particular neurotransmitters important for mood regulation? Noradrenaline, dopamine, and serotonin

What is the CSI effect on jury? The CSI effect creates greater expectations about forensic science that can be delivered, burdening both the prosecution and defence.

What is UNCLOS? United Nations Convention of the law of the Sea

Social importance, relationship between actual crime and fear; gender differences in fear of crime discipline specific objective: Basically, that scientific evidence is fallible and can heavily influence jurors/investigators as they put a lot of weight onto it (CSI effect and tunnel vision effect on investigators there is an inherent bias of the investigator gathering the scientific evidence.

What would happen if the prefrontal cortex was damaged?

What is the difference between classical, positivist, and criminal criminology? Crassical criminology

The prefrontal cortex processes feelings such as empathy, shame, compassion, and guilt. Damage to this causes a diminished capacity for social emotions but leaving logical reasoning intact.

What are zero-day exploits? When someone finds a weakness in software and then a cyber-attack happens on that same day. Ethical issue, do you tell the world of the weakness in the software or don’t you

What is the difference between the breadth objective and discipline-specific objective? Breath objective: to avoid tunnel vision and consider alternative explanations involve other disciplines in problem-solving

what is fear of crime?

What is the news value theory? Is the theory that when an event pertains to certain criteria (impact, proximity, timeliness, etc.). it is more likely to be reported on What effect does media have on media? Media is used in relation to crime to distribute information abour events however, also cultivates greater fear in certain groups. In the modern world, media coverage and news of crime is both immediate and less reliable than in previous decades. Social media is now available and accessible to be used a medium whereby crime can occur through

cyber crimes or for offenders to us to gain their ’15 minutes of fame’ What is the prosecutor’s fallacy? Is a statistical measure that relies on the assumption that a prior random match is equal to the probability that the defendant is innocent. For example if a DNA blood evidence is found at a crime scene and is the same type as the defendant and only 10% of people in the world have that blood type then there is 90% chance that the defendant is guilty.

Definitions: Crime – behaviours (acts or omissions or intention to act) which have been classified by the state as criminal Criminal law – deals with individual person, mainly deals with prohibitions addressed to individuals which if violated would be punished by the state Civil law – has a plaintiff and a defendant, damages or an order (fulfil actions promised) International law – branch of law that governs the rights and responsibilities of states

International Criminal Law: ICL is a set of international rules which prohibit: - Certain categories of conduct and makes those people who engage in such conducts liable - Allows or obligates states to punish such conducts - Regulates proceedings of such crimes before international criminal courts - Victims rights

Atavistic characteristics o o o o o

Smaller skulls with marked deformities Physically taller and heavier Darker skin, eyes and hair Large ears Protruding jaws

o Impaired muscular strength o Lower sensitivity to pain (physical and emotional)

International Crimes: 1. War Crimes 2. Crimes against humanity 3. Genocide 4. Torture and aggression

War Crimes: ‘Serious violation’ of customary or treaty rules which belong to the body of IHL (the laws and customs of war) of armed conflict: People not taking part in armed conflict o Places o Means o Specially protected people o Using protected signs o Children under 15 o

Crimes Against Humanity:   

Always been an international crime Victims are ‘all’ of the human race Origin of crimes against humanity: o 1915- Armenians and the Ottoman empire -> crimes against Christianity and civilization o WWII and crimes against German civilians by the Nazis o 1945 and persecution for political or racial misconduct, London agreed to bring to o trail those guilty of crimes against humanity -> nexus with crimes against peace (war crimes), includes acts against human dignity

Characteristics of Crimes Against Humanity: 1. ‘Odious offences’ – attack on human dignity/grave humiliation, degradation 2. Widespread or systematic- not necessarily same offence 3. Can take place in time of war or peace – 1945 at time of armed conflict 4. Against civilians – under ‘customary intl. law’ against enemy combatants

Authors and Victims – who commits CAH?  

Government authorities, civilians – authors Any civilian population – victims: o Also, of allied countries o Previously excluded military but gradually expanded o

CAH – Objective Elements: 1. Murder 2. Extermination – includes terrorist attacks 3. Enslavement 4. Deportation of forcible transfer of population by force or other coercive acts 5. Imprisonment or other sever deprivation of physical liberty 6. Torture – infliction of pain or suffering in the custody or under the control of the accused 7. Sexual violence: o Rape – physical invasion, sexual manner, force o Sexual slavery o Enforced prostitution o Forced pregnancy o Enforced sterilisation o Other 8. Persecution against any identifiable group or collectively – universally recognised/impermissible grounds of discrimination 9. Enforced disappearance of a persons 10. Other inhumane acts of a similar character and gravity

It Wasn’t me it was my Frontal Lobe:   

   

Consistently be shown to be a factor in some of the aggressive behaviours we see in individuals Particularly the prefrontal cortex (right side) Decision making part of the brain – executive processes: o Decision making o Ability to plan o Problem solving Responsible for attention, inhibition of inappropriate behaviours, social skills Idea of conscience – frontal lobe Damage to prefrontal cortex – inhibits prosocial behaviour Humans have large frontal lobes, so do dogs e.g. anger, restraint to bite

Diminished Regulatory Capacity:  

Frontal lobe capacity – individuals who have diminished capacity (right) are aggression prone Diminished capacity to regulate emotional response: o Exaggerated





o Prolonged Sympathetic Nervous System – fight or flight: - Violent offenders have an exaggerated and prolonged response to irritants, fight or flight response maintains for longer period of time, heightened level - Regulated by frontal lobes Frontal lobes regulate Glucose Metabolism: - Diminished capacity to regulate

The Brain:  

Thinking and feeling – ability to regulate emotion Complex system: - Structure/function relationship - Balance of neurotransmitters and impact brain has on body in producing chemicals i.e. stress chemicals

Neurotransmitters:      

 

Provide signals within the brain Synapse – nerves don’t touch one another, gap within the nerves Electrical impulse comes down one nerve -> causes release of neurotransmitters (chemicals) ->cross gap to next nerve ->chemical impulse Different nerves provide different messages Balance of 3 particular neurotransmitters important for mood regulation: 1. Noradrenalin 2. Serotonin 3. Dopamine When ‘big 3’ are balance will give cognitive function, stable mood and ability to control emotions Imbalance produce emotions/drive that conduce with antisocial behaviour i.e. aggression, anxiety

Hungry Brain:

    

If glucose metabolism isn’t working correctly due to diminished capacity to regulate in the frontal lobe, brain becomes irritated if it doesn’t have nutrition that it needs Brain is only 2% of body mass, consumes almost 50% of available glucose When brain becomes stressed (high/low glucose level), responds by putting body into stressed state i.e. release of stress hormones -> increases fight/flight response Increases hostility and aggression

From Metabolic to TBI:  

Dysfunction Trauma – traumatic brain injury (TBI), important in violent crime

Frontal Lobe TBI:      

8.5% general population, up to 87% prison population have TBI Often multiple injuries to the brain Common finding in cases of aggression and hostility, personality change (post injury) and assaultive behaviour Frontal lobe lesions commonly associated with violence People that have frontal lobe TBI cannot regulate anger, don’t have capacity to put it into perspective and problem solve The Amygdala may hold the key to explaining relationship – small structure in the Brain

Amygdala and Limbic System:       

Small almond shaped structure in the brain, next to hippocampus Used for processing emotions Provides bridge between prefrontal cortex and limbic system Links the ‘higher’ cognitive processes with the ‘lower’ metabolic responses (production of emotion) Limbic – emotion, frontal lobe – context for emotion, helps to understand and deal with emotion i.e. curve reaction E.g. difference between frustration and anger is very slight, without context hard to differentiate which emotion is experiencing Alexithymia – inability to label emotion, don’t have ability to understand in context

If Amygdala is Damaged:    

High levels of aggression and irritability Loss of emotional control i.e. rage filled violent responses to things that aren’t proportional to what caused emotion in the first place Deficit in recognising emotions in other people (particularly fear), if you cannot recognise fear or misinterpret it as anger it will escalate situations

How Brain Injury Can Occur: 

When you’re born, brain is not complete, in a state which sets it up to grow in develop in response to environment

   



Everything about the environment will help to develop infrastructure that is set up for emotional regulation Childhood physical abuse i.e. alcoholic parents, Limbic systems of those children don’t develop appropriately If you have severe, ongoing chronic abuse, hippocampus (memory, learning) doesn’t develop, structure is smaller and have difficulties with remembering things Neglect – don’t have stimulation in environment, brains are smaller, smaller frontal lobe with more diminished capacity, impacts on temporal lobe and limbic systems, can’t function properly in society Criminality more common in individuals with adverse childhood experiences – if we can intervene early, we have capacity to reduce future crimes in society

The Love Boat – Or Not? – Crimes at Sea History of Passenger Ships:    

Traditionally a utilitarian means of transport 1840sfounder of P&O credited with being the first to invite passengers to take a ‘Mediterranean cruise’ holiday 1970s  saw dedicated ‘cruise ships’ being build US the most lucrative market but China predicted to be second largest by 2017

The Cruise Industry in the 21st Century – does more people = more crime?    

22 million passengers in 2014 (up to 68% in a decade) Economic impact of US $117 billion annually worldwide (891,000 full time jobs) 33 new ships to be delivered by 2020 Australians cruising at record place – up to 20% to 1M in 2014: SIXFOLD INCREASE in a decade

Rate of Crime on Cruise Ships:  

No statistics in Australia Many factors play a role in crime on cruise ships: - Mix nationalities

- Small confided space - Misreading of cues - Alcohol - More relaxed and off guard - Complacent - Careless - Lowering of guard, “moral holiday”, free for all

How Does Society Set and Enforce Rules about Crime? 

  

On land... - X sexually assaults Y in Perth, both Australian residents. What law applies? Australian law - A, a citizen of Ireland, bashes B, a citizen of England, in a street in Perth. What law applies? Country where assault has happened has seventy and country where crime occurs is in charge OR Andie is held in court in Ireland - Z, an Australian citizen, commits sexual acts on a child in Thailand. Who can prosecute? Capable of being prosecuted under Australian law Extra-territorials or long arm restriction – grabbing own citizen and holds them accountable in Australia Active personality persecution – if a citizen is involved in a crime, they are always accountable in their country Overlapping jurisdictions in countries interested in prosecuting the same crime

Crime on Board a Cruise Ship:  



   

Crime on board a ship is rare, but it does happen Examples: - R v Dudley and Stephens (1884) 14 QBD 273cannibalism case - Merchant ships - Cruise ships: sexual assault, child abuse, murder, Man overboard? What ‘territory’ does the ship occupy? - In port e.g. Port of Freo, law of Australia applies - In territorial sea - On the high seas -> rule of law determined by Law of the Seas (UNCLOS) Flag of the ship or the ‘flag state’ -> responsible for crimes on ships, not always in a position to do so Assistance of a near-by country OR next port -> responsible for dealing with, naturally had jurisdiction Long arm jurisdiction or home country Flag state needs to liaise with other countries

Practical and legal difficulties: 

Practical problem: - Need to investigate and collect evident

    

- E.g. Diana Brimble Legal problem – which country can prosecute? Must have laws in place to justify a right to prosecute the accused for crimes committed outside Australia Involves a complex web of international laws concerning transnational crime and regulation of ships generally

Young People and the Law: What percentage of crime is committed by those under 18? Less that 20% of crime

Young People and Policing: 

 

Are young people more visible to police? - Where do they hang out? - How do police see them? - What behaviours attract police attention Big users of public spaces Media portrayal of young people

Child vs Adult:  

What is a child? (how do we perceive children?) - Vulnerability? - Developing capacity? What about adolescence/youth? - Disrespectful? - Impulsive?

Childhood: 

        

The notion that children might also be socially and psychologically, as well as physiologically, different from adults did not emerge until the 16th and 17th centuries The concept of ‘childhood’ developed in the early modern period and became a widely accepted idea by the 20th century In the 1970s, ‘liberationists’ advocated that children should have the right to vote, work for money and direct their own education E.g. Re Marion case (1992) 175 CLR 218 The alternative approach, however, makes far more of the limits of children’s mental and physical capacities, pointing to the fact that children and developing and have neither the ability nor judgement of adults This approach also calls on adults to protect children, this includes protecting them from information and barring their participation The Family Law Act and ‘Best Interest’

Adolescence: 

The concept of as ‘adolescence’ did not emerge until the early 1900s and first took shape with G Stanley Hall’s work





The contemporary legacy of the invention of ‘adolescence’ is a popular understanding of young people as living through an ‘intrinsically insecure, transitional and uncertain experience’ This has also engaged more recently with adolescent brain theory which asserts that young people are impulsive and reckless

Young People at a Glance:     

80% of young people aged 15-24 were fully engaged in education and/or employment 60% of young Australians aged 18 to 24 live with their parents 29% of 18-24 year olds had recently used illicit drugs 0.02% of young people between 15-17 engaged child protection services 0.002% of young people 15-24 were hospitalised for self-harm

Legal Responses to Young People:  Legal discourse draws on a range of assumptions about whether certain behaviour is ‘adult’ or ‘childish’ and, as a result, the legal responsibilities and rights of young people also shift and transform Legal responses to child Family court orders that case not be discussed with child Mandatory reporting of abuse Protection of child witnesses through trial processes

Legal responses to Adolescence Juveniles to be tried as adults Juveniles being detained in adult prisons Mandatory sentencing – resulting in more time in custody than adults