Law, crime and social control

crime

• a violation of law that is punishable by sanctions

• must involve a criminal act

• must have criminal intent

• socially constructed

sanction

the penalty for disobeying or breaking a law

street crime

violations of the law that take place in public

white collar crime

• crimes of the elite and powerful

• committed by respoected people in the course of their employment

• any crime involving deceit, concealment or violation of trust

most dangerous type of crime

violent street crimes

ponzi scheme

an investment fraud where the fraudster pays returns to older investors by acquiring new investors

public law

a set of rules between an individual and soceity

private law

sets out rules between an individual and other individuals or groups

law on the books

formal, official written legal statutes, legislation, acts, court decisions and regulations

law in action

• decisions, actions individuals and organizations have that involve the law

• can influence whether the law or legal consequences might be important for how decisions are made

• decisions are the ‘action’ of law of action

delinquent

minor crimes committed by young people

criminogenic

a system, place or situation producing or leading to crime

deviance

• socially constructed

• determined by power

selective law enforcement

• lower class behaviours are more heavily policed

• upper class crimes are policed less and often treated as civil not criminal matters

vagrancy laws

• used for 700 years

• targeted homeless people, drunks, tramps

• protected commercial interests

• enforced labour 

• prevented workers from seeking higher wages

modern vagrancy laws

• target visibly homeless people

• policed groups include loiterers, people sleeping in public

• criminilize status, not harmful behaviour

dark figure of crime

refers to crimes that occur but are never reported to the police

secondary victimization

• happens after reporting

• institutions cause further harm

unfounded case problem

occurs when police dismiss a report as baseless

crime funnel

an image representing more crimes committed than those detected or reported to the criminal justice system

vicitimization survey

a survey in which respondents are asked to recall whether they have been victims of crime

self report surveys

a survey in which respondents are asked to recall whether they have committed a crime

uniform crime reporting (UCR)

provides data on

• crimes reported to and solved by police

• people charged with crimes

UCR data

• long term decline in canadian crime rates

• slight recent increase from non violent crimes

• crime severtiy have decreased for over 20 years

alternative sources for crime data

• victimization survey

• self report survey

why has crime rate dropped since the 90s

• there are fewer young adults

• inflation

what does victimization depend on

• age

• lifestyle factors

• childhood victimization

• mental health issues or disability

• homelessness

why do women experience more violent victimization

• declines in physical assault

• stable rates of SA

high risk groups of victimization

• people with mental health issues

• homeless individuals

• gay and bisexual individuals

• people living in disoordered, unsafe neighbourhoods

why do indigenous indiivuduals experience more victimization

• residential schools

• generational trauma

• poverty and marginalization

• family violence cycle

structural strain

• society puts pressure on people to achieve socially acceptable goals

• those without the means to achieve thsoe goals experience strain which may lead to crime

anomie

• lack of fit betweeen cultural goals and the means to achieve those goals

• cause crime by creating strain

structural pov of crime

• seen as a result of social, economic, political and environmental structures not just individual choices

• crime rates change when social structures

how do people adapt to anomie

• conformity

• innovation

• ritualism

• retreatism

• rebellion

conformity

• accept goals

• accept means

• most people in society

innovation

• accept goals

• dont accept means

• organized crime members

ritualism

• dont accept goals

• accept means

• a bureaucrat with no ambition

retreatism

• dont accept goals or means

• addicts, dropouts

rebellion

• replace goals and means

• anarchists

routine activities theory

• crime occurs when 3 elements meet

• motivated offender

• suitable target

• absence of a capable guardian

social disorganized theory

• crime is linked to the structure and organization of neighbourhoods

• highest crime rates are found in the zone of transition - the area just outside a city’s commercial core

• marked by poverty, physcial decay, disrupted families

• crime is caused by the environment, not the individuals

secondary deviance

deviant acts that form a basis for developing a negative self concept because of the public application of a negative label

stigma

a negative evaluation of a person that sets them apart as differnt in the eyes of others

moral entreupreneurs

individuals or groups that work extensively to raise public awareness about a set of moral values deemed important to them

interactionist pov on crime

• micro level

• crime is shaped by social interaction, learned definitions and societal reactions

social learning theory

• people learn techniques, motives, attitudes to crime through interaction with others

• crime grows from both association with criminal peers and exposure to definitions that support law violation

important elements of social learning theory

• frequency of exposure to criminal defs

• intensity

• priorirty

• duration of exposure

labelling theory

• crime is also how society reacts to the act

• forceful labelling leads to stigma, secondary deviance, master status

social control pov

• focuses on why people do not commit crime

• explain conformity, not deviance

• low self control = higher liklihood of crime

• stems from ineffective childrearing

social bonding theory

• crime is less likely when individuals have strong social bonds

• attachment

• commitment

• involvement

• belief

traits linked to low self control

• impulsivity

• risk taking

• insensitivity

• preference for immediate gratification

feminist pov on crime

emphasizes gendered power structures, socialization and intersectionality in crime and victimization

radical feminism

• Source of oppression: patriarchy

• Men control women’s sexuality through violence and domination.

• Crime reduction requires eliminating gender power inequalities

liberal feminism

• Source of oppression: gender socialization

• Traditional gender roles produce inequality.

• Change requires transforming how boys and girls are socialized

socialist feminism

• Oppression arises from economic structures + gender norms.

• Class differences shape victimization

• Change requires economic and gender role reforms

social control

• broad, organized response to criminal, deviant or problematic behaviour

• can be reactive or proactive

• can involve state or non state actors

3 main poilicing levels

• federal/national (RCMP)

• provincial

• municipal

due process

the requirement that the state respect the legal rights of all people and treat everyone fairly before the law

court structure

• lower courts

• superior courts

• appeal courts

• supreme court of canada

lower courts

• provincial/territorial courts

• handle most criminal cases

superior courts

handle more serious cases

appeal courts

hears appeals from lower courts

criminal courts

• determine guilt

• uphold due process

• determine punishment

• manage plea bargaining

range of sentences

• discharge

• probation

• fines

• community service

• imprisonment

sentencing principles

• denunciation of behaviour

• deterrence

• incapcitation

• rehabilitation

• reparation

• promoting responsibility in the offender

gladue courts

specialized courts for indigenous offenders

recidivism

the rate at which people commit new crimes upon release from prison or supervision

harm reduction

the policies, programs and practices that aim to reduce the harms associated with drug use in people unable or unwilling to stop

negative effects of prison

• Disrupts social bonds and community support networks.

• Cuts off offenders from families and positive community roles.

• May accelerate crime in communities due to recruitment of replacements.

• Causes emotional and psychological harm to families and children

alternatives to prison

• Probation

• Electronic monitoring (GPS tracking)

• Community service

• Restorative justice programs

• Treatment programs

drug courts

integrate treatment with justice measures, provide alternatives to prison, social support, drug testing

restorative justice

repairing the harm caused by the crime rather than only punishing the offender

personal reasons for commiting crime

• biological 

• psychological

deterrence

crimes occurs because benefits outweigh costs

situational crime preventation

• Crime occurs because criminals perceive opportunities to commit crime

• Reduce crime by reducing opportunities