Lecture Notes - Teacher was Adina Ilea PDF

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Teacher was Adina Ilea ...

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Introduction to Criminology September 6th Chapter 1 “The body of knowledge regarding crime as a social phenomenon.” Criminology includes aspects such as making laws, breaking laws and reactions to breaking laws. Harmful behaviour against others was treated as a private offense but gradually became defined as criminal. ● Crime is against the state, not an individual ● The victim becomes a witness A crime is an act that violates the criminal law and is punishable in Canada (defined by the criminal code) Consensus View ● Society is based on shared beliefs

● Criminal law reps a consensus within society

● It is the state’s job to mediate conflicts

(what should be prohibited)

● Values determine interests

● Laws are codes of values

Conflict View ● Conflict is natural in society

● Law is a tool used by ruling class to maintain

● The organized state does NOT rep

privilege (keep ppl under control)

common interests

● Laws are a result of political processes that

● Interests determine values

involves conflict between groups

Consensus vs. Conflict View ● Agree what is right or wrong

● Law maintains inequality

● Those who commit are punished by the

● Laws -- toward the interest of ppl in

state

power

● Acts are labeled criminal because they

● Law is a means of formal social control

are against the society Crime is socially defined: it is up to a society to decide if an act is unlawful

September 13 Chapter 3 & 4

Controversies over crime ● Coverage

1

Introduction to Criminology ○ How can we obtain reliable information ● Reliability ○ How consistent are the results ● Validity ○ Does the tool actually measure crime ● Methodology ○ We need to critically examine the methods used to count crime

The crime rate ● Measures level of crime in society based on police data ● Calculated by dividing the amount of crime by the population then multiplying by 100k ● Police reported crime levels underestimate the actual levels

Stats on the criminal justice system ● CJS produces raw data ● Canadian centre for justice stats has developed a sophisticated system of stats ● Records are not statistics, they are concerned with individual cases ○ Statistics are concerned with what is common among many cases

How is crime measured? 1.

Official (police-reported) statistics ○ Goal: to provide comparable national statistics ○ Oldest system of data collection (1962) ○ Reported to the police ○ Focus on the offender

2.

Victimization surveys ○ A sample of ppl are asked whether they have been a victim of crime ○ Captures many crimes not included it data already ○ Useful in identifying categories of ppl most at risk •

Fear is the main reason crime is not reported

2

Introduction to Criminology •

Reporting is more likely if there is a financial loss

•

Some categories more likely to report that others

○ Not all crimes are captured ○ Surveys can lack reliability/be skewed 3.

Self-report studies ○ Individuals are asked to voluntarily disclose whether they have committed an offence ○ Administered among a specific population (ie. high school students) ○ Overcome weaknesses of police data and victimization surveys ○ Contribute to research and theories of the causes of crime •

Port field study (1943)

○ Some groups do not respond ○ More minor infractions ○ Difficult to survey serious offenders

Factors that influence crime data 1.

Number of police officers

2.

Police or court administration

3.

Changes in the legal definition of crime

4.

Changes in the population base

5.

Changes in public reporting patterns

Actus reus ● Culpable or guilty act Mens Rea ● Guilty mind To be found guilty of a crime, beyond a reasonable doubt, both must be proven. The actus reus elements of a crime: Conduct ● Voluntary act or

Circumstances

Consequences

● The surrounding or

● The consequences of

omission constituting

“material”

the central feature of

circumstances

the crime

3

the voluntary conduct

Introduction to Criminology Perjury is an exception to the division of actus reus A failure to act can only constitute as a crime if the accused was under pre-existing legal duty to act ● Ex. a parent that fails to take care of their child The conduct of the accused must be voluntary ● Car accident caused by a heart attack can not be prosecuted

The mens rea element of crime: ● The mental element of the crime ● A person must understand and intend the consequences of the act ○ Subjective mens rea •

Deliberate intention

○ Objective mens rea •

A reasonable person would have known/predicted the harm or risk

September 20/19 Chapter 5

Correlates of crime ● Variables connected to crime ○ Does not cause crime ● Age, gender, entho-racial background, drug misuse, socioeconomic status, place

Age ● Most crimes are nonviolent ● Intensifies in adolescence and declines after ● Disproportionate # of homicides committed by younger offenders ○ 40% of homicides committed by 12-24 but that is only 13% of the population ○ People 50+ are 34% of the population but commit 30% of homicides ● Peak ages: 17-19

Maturational reform: people are less likely to commit a crime as they grow older ● Adults have a greater incentive to conform

4

Introduction to Criminology Gender ● Males are overrepresented where females are underrepresented ● Heimer and De Coster (1999) ○ Gender gap in violent crime is results of structural positions and cultural processes ○ Difference in social learning of violent definitions ○ Boys have a greater experience with violence

Race ● Certain minority groups are overrepresented in crime statistics ○ Prairies: aboriginals are over repped ○ Toronto/NS: african canadians over repped ● African Canadians ○ More likely to be stopped & searched by the police ○ More likely to receive tougher sentences in courts ○ Higher amount of cardings ● Differential treatment hypothesis ○ ● Differential offending hypothesis ○ Characteristics of a neighbourhood are more likely to be conducive to criminal activity

Drug & alcohol ● Alcohol use correlates multiple social harms ○ Major source of service calls to the police ● Strongly relates to street crimes ○ 75% inmates have substance issues ● 3 factors link substance abuse & crime 1. Support efforts can lead to involvement in crime 2. Crimes committed under the influence 3. Possession of drugs is a crime

Socio-economic status ● Lower classes have higher crime rates ○ People at the margins of society (poverty, unemployed, little educated, etc)

5

Introduction to Criminology ● People with low SES are overrepresented in police statistics

Place ● Different countries and cities have different crime levels ○ US has highest violent crime rate ○ Canada has low violent crime rate as well as Europe ● Crime is higher in Western provinces and the north ● Different neighbourhoods have different patterns of crime ○ Juvenile behaviour declines in richer areas ○ Higher in poorer, socially disadvantaged areas

Sentencing ● Chosen by judges ● 90% plea bargaining ● Sentencing options ○ Probation used the most 42.8% •

Can not exceed 3 years

•

Mandatory conditions

•

Fines and restitution part of probation

○ Custody 36.2% •

Provincial 2 years -1 day

•

Federal 2 years +

•

Concurrent vs consecutive ● All sentences happening at the same time vs one after another

•

Intermittent sentencing (ex. weekend)

○ Fines 29.6% ○ Conditional sentence 4.3% •

1995

•

Way to reduce incarceration

•

Only if there is no public safety threat

•

Strict conditions

○ Restitution 2.4% ○ Other 55% •

Absolute discharge

6

Introduction to Criminology •

Conditional discharge

● The total is higher than 100% bc because judges will impose more than one condition

Principles of sentencing ● Proportionality: sentences must reflect seriousness of crime & offenders responsibility ○ Variations based on multiple factors in the case ○ 1st degree murder: 25 years before parole trial ○ 2nd degree murder: 10 years before parole trial •

Parole eligibility to be served consecutively for multiple murders

● Aggravating factors: circumstances of the offence ● Mitigating factors: positive personal characteristics of the offender ○ Both can play a role in sentencing ● Totality: combined sentence should not be super long or harsh ○ Rationality and fairness ○ Based on precedent (past cases, similar offenders)

Tough on crime approach ● Penal populism: introduced by politicians to win votes rather than serve justice ○ Mandatory minimum sentences

Pre-sentence reports ● Compiled by probation officers on convicted offenders ● Detail the role in crime, personal characteristics, family, etc ● Provides a ‘picture’ of the offender for the judge

Gladue reports ● Judges consider how histoires and circumstances of indigenous offenders that can influence their involvement in crime ○ Considers issues pertaining to specific circumstances

September 27/19 Community corrections

Probation & parole

7

Introduction to Criminology ● Offenders serve their sentences in the community ○ Remains connected to community ○ Costs less ○ Gradual release increased success ● Crime control: surveillance & control ○ Focused on monitoring conditions, rule enforcement and threats of incarceration for breaches/ further offences ● Due process: rehabilitative model ○ Supportive casework/ social work type supervision to address offenders’ needs

Risks, needs, responsivity ● Don Andrews & James Bonta ● Criminogenic factors: risk factors that have shown to increase chances of re-offending ● RNR model ○ Risk principle: matching prisoner’s risk of re-offence to the appropriate treatment and intensity ○ Needs principle: targets offenders’s dynamic criminogenic needs to exclusion of other needs not linked to offending ○ Responsivity: how treatment should be offered that is most likely to be effective ● Big 4 risk factors: ○ History of anti-social behaviour ○ Anti-social personality patterns ○ Anti-social attitudes / cognition ○ Anti-social associates

Probation ● Caseloads - general & specialized ○ Rural areas: larger more generalized ○ Urban areas: smaller more specialized ● Advantages: specialized training to increase efficacy of supervision ● Intensive supervision probation ○ Higher risk offenders require more frequent contact with probation officers

Federal parole

8

Introduction to Criminology ● Cascading ○ the movement of prisoners from higher security to lower security facilities; has to be earned by prisoners. ● Day parole ○ the planned movement of a federal offender from prison to a supervised setting such as a halfway house ○ 99% successfully complete day parole ● Full parole ○ less restrictive than day parole; can only be granted once a person is successful during day parole period ○ 97% successful during full parole ● Statutory release ○ After serving 2/3 of sentence; automatic, unlike parole which has to be earned; less successful in community re-entry ● Warrant expiry ○ Individuals deemed too dangerous to be released even on statutory release are kept until the last day of their sentence ○ Disadvantage they are released without any supervision unless subject to an 810 order (peace bond) and receive no support from CSC Long term supervision orders (LTSO) ● Imposed by judges ● Increases period of offender’s community supervision past their sentence ● By maximum 10 years (70% for 10 years) ● Judge believes person poses substantial risk but risk can be managed in community (after the custodial sentence) ● By 2015, 980 LTSOs had been imposed ● 63% for individuals convicted of sex offences

Victim surcharge ● 1983 but judges could wave it ● Mandatory in 2013 ● 30% of the fine goes to victim surcharge ○ Funds fund victim services

9

Introduction to Criminology ● Inability to pay leads to incarceration ○ Mixed rulings

Stigma of criminal record Before 2012: pardon

After 2012: record suspension

Cost: $50 Wait times: 3 or 5 years based on type of crime Everyone eligible 97% success rate Agreement among experts that it’s a success

Cost: $631 Wait times: 5-10 years based on type of crime Some not eligible Backlogs Wide-spread criticism from service providers, academics, and people with lived experience

Circles of support and accountability ● Began in Hamilton, Ontario in 1994 ○ Has been replicated in many countries and all over Canada ● Community volunteers for a “circle” around a released individual who served time for sexual offences ○ They support and hold him accountable ● Has been proven by research to reduce re-offence rates ● An example of a community initiative

October 4/19 Chapter 8 + 15

Pre-18th century theories of crime ● Judeo-cristian teachings offer 2 explanations for the role of evil spirits in sinful behaviour: temptation and possession ● Temptation ○ Humans that chose the sinful behaviour are morally weak ○ The poor are assumed to be morally responsible for their situations ● Possession ○ By devil or evil spirits ○ Trials by water, fire, battle & ordeal ■ Very few survived ● The inquisition

10

Introduction to Criminology ○ Thought that witches were among us ■ Scapegoat for anger ○ 85% of executed were women

The enlightenment ● Scientific revolution caused changes in thinking ● Naturalistic explanation based on reason

Cesare Beccaria ● Wrote during the enlightenment ○ About science ● Criticized cruelty, inhumanity & arbitrariness in justice system ● Argued system was too harsh to be effective ● Focused the movement for humanitarian reform in europe

The classical theory of crime ● People in a state voluntarily enter a social contract with the state ○ Give u some freedom for safe society ○ Required to obey the rules or face punishment ● Radical new theory of crime: not demonic possession but rational choice ○ Deterred by threat that must be certain, swift and severe for people to listen to the state ● Specific reforms from Beccaria ○ Stop executing for minor offences ○ Law should be public and accessible ○ Separating making laws from the role of judges ● Society can change the laws of crime and tweak the system that will have an effect on commiting a crime ● Punishment should fit the crime NOT the criminal ○ Same punishment for the same crime ● Laws are more effective when they are clear and simple to understand

Limitations of classical school ● Having the same punishment is sometimes not fair

11

Introduction to Criminology ○ Impacts people differently ○ Ex. fines (experienced differently with people in different lives) ● Judges are supposed to access the case but this took away judicial discretion Neoclassical school ● Criminal justice system should have more flexibility ● Help judge understand the circumstances of the crime (motives) ○ Pre-sentencing reports Statistical school ● Rejected classical ideas that people are rational beings ● Belief that crime is the result of natural causes that can be discovered through science ● Plotted where crime was happening ○ Crime is a result of poverty, social locations, etc ○ Pointed the finger at the higher class and the people in charge ● Something about certain areas create crime ● Limited influence at the time because the people in charge didn’t want to be at fault ○ Rejected the theory

Positive school ● Used scientific method to compare criminals to non-criminals ● Crime was caused by biological factors beyond the individual’s control ○ Took focus away from people in charge and back on the criminals ● Lombroso ○ Physical differences between criminals from non-criminals ○ Called atavists •

Less evolved

•

Physical features (stigmatas) can show who is a criminal

○ If someone is not an atavist but commits a crime due to a different factor they should not even be incarcerated because they will not do it again ○ Attracted a large following ○ Scientific methods were heavily flawed •

Conditions of imprisonment were making people look a certain way that fit the ‘atavist’ profile

○ Punishment should fit the criminal not the crime committed ○ ‘Born’ criminals should be incarcerated immediately to protect society

12

Introduction to Criminology •

Should be treated leniently because that have no control over their actions

● Contributions to modern CJS ○ Parole (no fixed penalty; based on improvement0 ○ Indeterminate sentences (1st & 2nd degree murder) •

Dangerous offender

○ Mitigating circumstances

Deterrence theory ● Based on classical theory ● Punishment system can prevent crime if done right ○ Criminal system can be modified to do so ● Punishment should be reasonably severe, swift, proportionate ● Law does not deter all crime ○ Increased prison time is not as effective as we think ○ Severity of punishment does not deter crime ○ The certainty of being caught is what truly deters crime ●

Longer prison sentences may increase the rates of recidivism ○ People might get used to functioning in prison that they will have difficulty functioning in society

● California’s 3 strike law 1994 ○ Someone convicted of a third felony will result in immediate life-sentence incarceration ○ Mandatory minimum sentences do not work Mandatory minimum sentencing ● Why don’t they work? ○ some ignore the risk of getting caught ○ Likelihood of getting arrested/convicted is low ○ drug/alcohol influence - not thinking clearly ○ Unaware of what sentence they will face if convicted

Rational choice theory ● Based on the offenders’ decision making, perceptions of risk/reward of the crime, how they have selected targets ● Crime is the result of deliberate choices made by offenders

13

Introduction to Criminology ○ Based on the calculated risks and rewards

Routine activities theory ● 3 factors must be present for crime to take place ○ Motivated offender ○ Suitable target ○ Lack of guardianship over the target ● Potential/motivated offender ○ Motivation is not equal ○ Ready supply of people likely to be offenders ● Suitable targets ○ Person or object ○ Value, visibility, access ○ Target hardening ● Capable/effective guardianship ○ Prevents convergence in time & space of likely offender and suitable target

Situational crime prevention ● Reduce opportunities for crime by: ○ Increasing the effort ○ Increasing the risks ○ Reducing the rewards ○ Reducing provocations ○ Removing excuses ● Crime prevention through social development ○ Reduce the pool of motivated offenders ○ Often target young people ● Need for comprehensive crime prevention initiatives

October 18/19 Chapters 9 +14

Psychological theories of crime ● One of two assumptions:

14

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