Short Answers

Crime

socially constructed (society decides what counts)

Mala in se

inherently bad

Malum Prohibitum

wrong because the law says so

Deviance

breaking social normss

Hagan’s Typology of Deviance

how society reacts depends on:

• harm done

• social response severity

• agreements about the norm

Norms

informal everyday behaviors

Folkways

small everday norms (manners, traditions)

Mores

serious norms (right vs. wrong) (can be laws)

Cardozo law

predicatble rules enforced by courts (reliability)

Holmes Law

what courts actually do

Richer law

government action regulate society (manage relationships)

Law as an artifact

reflect society’s values

Law as an instrument

tools can control behavior, solve disputes, protect people

Law is only one form of regulation

norms, ethics, and social rules also control behavior

Types of punishment

Penal - punishment (prison/fines)

compensatory - pay damanges

therapeutic - rehab or treatment

comcilitaory - mediation, restore relationship

3 Categories of Criminal Offenses

Summary conviction - minor crimes

indictable offenses - serious

hybrid offense - can be either

Types of Crimes

• violent - homicides, assault

• property crimes - B&E, theft

• morality/public order - sex work, drug use

• organized crime - gang, criminal conspiracies

• hate crimes

• terrorism and violent extremism

• white collar - corporate

Legal Traditions

• common law - precedent

• civil law - written codes and statues

• Indigenous legal traditions

Legal Pluralism in practice

• federal law - national matters (immigration, criminal)

• provincial law - local matters (education, health)

Doctrine paramountacy

federal law will prevail

Legal consciousness (3)

• before the law - see the law as seperate and powerful

• with the law - see the law as a tool for solving problems

• against the law - see law as oppressive or unfair

Biosocial Theories

E.O. Wilson’s Sociobiology contributes to a renewed focus on biology can crime

• crime as a produce of biology + environment + social factors

Types of Punishment

• general - stop others

• specific - stops specific offender

• denunication - expresses society’s disapproval

• incapacitation - removes offender

• rehabilitation - reforms offender

• reparation/restituions - compensates the victim

• retribution - punishment as moral balance

Rational Choice Theory

Offenders and non-offenders think similarly

Rational Choice Theory - Invovlement Decisions

• long term expereince based

• offenders make planned, strategic decisions

• informed by past experience

Rational Choice Theory - Event Decisions

• sitations and immediate

• spontanous crime invovles some rational assessment

• opporunity, risk, benefit

Routine Activities Theory

• crime occurs when every day patterns of life create opportunites for it. it focues on how changes in society’s routine affect victimization, rather than why offenders are motivated

Routine Activities Theory - Requirements and prevention

• requires a motivated offender, a suitable target, and the absecne of a capable guardian

• gurdianship

  • formal - cameras, professional guards, police

  • informal - family, peers, neighbours, community

Mechanical Solidarity

• premodern socieites, shared values and strong consenssu

• individual freedom is limited for common good

Organic Solidarity

• modern societies - diverse and complex

• people depend on each other

• more freedom but weaker regulation

• law helps maintian order

Merton’s Mode of Adaptation

• comformity - follow rules and goals

• innovation - accept goals, break rules

• ritualism - give up goals, follow rules

• retreatism - reject both

• rebeillion - new system

Merton’s Critiques

• too much on lower class

• assumes everyones has same goal of money or success

• does not explain violent crimes

Agnew’s General Strain Theory

focsues on individual micro-level experiences

Sources of Strain

• failure to acheive goals

• gap between expectation and reality

• loss of something positive

• exposure to negative expereinces

Cloward and Ohlin’s Differential Opporunity

crime depends on access to illegal opportunites

Concentric Zone Theory

• zone 1 - central business

• zone 2 - transition zone

• zone 3 - working class

• zone 4 - residential zone

• zone 5 - commuter zone

Social Disorganization theory

• crime occurs when communities lack strong social control

• weak neighbourhodo structure - more crime

Definitions

• what we think is right and wrong

• approving - supports crime

• neutralizing - justifying crime

Differential Association

crime is learned

Differential Reinforcement

behavior depends on rewards and punishment

Social Learning Theory

• combines differential association + reinforcement

• behavior learned through intimate groups and environment

Neutralization Theory

• people justify crime to avoid guilt

• still believe in normals values but bend them

• drifting in and out of crime

Techniques of Neutralization

• deny responsibility

• deny injury

• deny the victim

• condemn the condemers

• appeal to higher loyalities

Critiques of Neutralization Theory

• hard to prove if excuse is before or after crime

• not needed if someone already supports crime

Strategies of Regulation

• prescriptive regulation - strict rules, easy to enforce

• performance based - set goals, flexible methods

• process based - organizations create their own rules

Regulatory Regimes

system of formal rules

used to manage risks protect society, solve problems