Chapter 1: Crime, Criminals, and Criminology

Norms

Established rules of behaviour or standards of conduct.

• Most follow rules without consciously thinking about them

Legal Definition of Crime

A crime is an act of omission that violates the criminal law and is punishable with a jail term, a fine, and/or some other action.

Some criminologists have argued for a sociological definition of crime that encompasses a broader range of harmful behaviour

Is White-Collar Crime Really Crime? Edwin Sutherland:

Argued that focusing only on violations of the criminal law resented a misleading picture of crime.

Although White-Collar Crimes are not dealt with in criminal courts, the great harm caused by white-collar criminals made it imperative that criminologists study them.

White-Collar Crimes:

Crime that is committed by people in the course of their legitimate business activities.

What are crimes defined by in Canada?

The Criminal Code

What is an example of the shifting nature of crime?

consider the legalization of cannabis

Crimes are ______ defined, so it is ______ contested

a) socially

b) highly

Criminology

The body of knowledge regarding crime as a social phenomenon. Includes the process of making laws, breaking laws, and reacting to the breaking of laws. Its objective is the development of a body of general and verified principles and of other types of knowledge regarding this process of law, crime and treatment.

• Implies that criminologists take a scientific approach to the study of crime

Human Rights

The minimum conditions required for a person to live a dignified life. This includes…

• The right to life, liberty and security of the person

• The right to be free of torture and other forms of cruel and degrading punishment

• The right to equality before the law

• The right to the basic necessities of life

Criminology Definition of Crime:

A range of behaviors that for all practical purposes are treated as crimes (e.g., Sutherland’s white-collar crimes), as well as those behaviors that across time and place vary in their location in and outside the boundaries of criminal law. In other words, we need a definition that considers behaviors that are both actually and potentially liable to criminal law.

• Deviance + Crime to considered on a continuum ranging from least serious to most serious acts

Three Dimensions of Seriousness

1. The degree of consensus that an act is wrong.

2. The severity of the society’s response to the act.

3. The assessment of the degree of harm of the act.

Consensus Theory:

Laws represent the agreement of most of the people in society that certain acts should be prohibited by the criminal law.

Values

A collective idea about what is right or wrong, good or bad, and desirable or undesirable in a particular culture

Example of Consensus Theory

Ex. Puritans left England to U.S. to freely practice religious beliefs, made laws reflecting those

support for consensus theory

Supported by the fact that there is a general agreement regarding many laws (murder, burglary, robbery, etc.), backed by studies.

Class Conflict Theory

aws are passed by members of the ruling class in order to maintain their privileged position by keeping the common people under control.

• Theorists do not believe that laws reflect a consensus of members in a society.

• Activities that threaten the powerful are defined as illegal, and the legal mechanism of the state is used to enforce the laws

Group Conflict Theory:

A theory that attempts to explain certain types of criminal behaviour as resulting from a conflict between the interests of divergent groups.

Recognises that not all laws reflect consensus in society, nor do they necessarily involve the dominance of one class over another (Ex. Debate over Abortion)

Example of Class Conflict Theory

Activities that threaten the powerful are defined as illegal, and the legal mechanism of the state is used to enforce the laws

Ex. After Riel Rebellion, Government used Indian act to control Indigenous population)

Example of Group Conflict Theory

Recognises that not all laws reflect consensus in society, nor do they necessarily involve the dominance of one class over another (Ex. Debate over Abortion)

Green Criminology

Used to contribute to the debate about the causes + consequences of environmental destruction, as well as how to use their expertise to help address the problem.

Rooted in environmental + animal rights movements

Belief in studying socially harmful actions + acts that violate the criminal law (Ex. Water pollution in Walkerton Ontario)

Damage to the planet caused by destructive environmental practices can be far more serious than the illegal acts that have traditionally been the focus of

Grounded in philosophy of Ecological Citizenship

Ecological Citizenship

notions of morality and rights should be extended to “nonhuman nature”, and that societies should adopt the notion that obliges them to recognize that the environment must be protected for future generations.

Range of Work

Includes investigating how governments are protecting industries harmful to the environment, documented existence of lawbreaking with respect to pollution and other toxic wastes, raised questions to destruction of specific environments and resources.

Terrorism

The illegitimate use of force to achieve a political objective by targeting innocent people.

Social Definition of Terrorism:

The deliberate use or the threat to use violence against civilians in order to attain political, ideological and religious goals.

Examples as to why the social definition of terrorism exists

Some think “one man’s terrorist is another man’s freedom fighter” therefore…

Actions such as the intensive firebombing of German and Japanese cities and the use of nuclear weapons on Hiroshima and Nagasaki by the Allies during the Second World War were not defined as terrorism because those who won the war were able to impose their definitions of these actions.

Canada’s Definition of Terrorism:

An act committed for a political, religious or ideological purpose . . . with the intention of intimidating the public.

Surveillance

Any systematic focus on personal information in order to influence, manage, entitle, or control those whose information is collected.

Pros of Surveillance

Government tracking of prescription drug use can help ensure people are not taking drugs that interact with one another

Police have reduced crime by targeting efforts on crime hot spots + monitoring high-risk offenders.

Cons of Surveillance

2014, Ontario’s Privacy Commissioner filed a court action against the Toronto Police Service because it refused to stop releasing information about attempted suicides to other agencies.

Youthful indiscretion caught in a photo online could cost someone a job

Info may be used for social sorting

Ex. Among people who have been involved with the justice system, the desire to avoid surveillance can limit involvement with institutions such as banks, schools, and hospitals that track and share information. This can impede their reintegration into society; it can also have impacts on their health, employment, and access to other services.

Summary Conviction Offences (Definition, Penalty, Examples)

are less serious

• public nudity

• harassing phone calls

• driving tickets

The penalty for a summary conviction offence is not more than two years in jail/imprisonment and/or a $5000 fine (see

Indictable Offences (Definition, Examples)

the most serious of offences –e.g., murder, treason, terrorism, etc.

Herman and Julia Schwendinger (1970) definition of Crime

That crime should be defined based on human rights, rather than legal status.

If an act violated someone’s rights to the necessities of life, it should be considered a crime.

Government policies that create harm (for example, poverty and homelessness) should be considered crimes.

Imperialism, sexism, racism, and homophobia are also very harmful, and thus should be considered crimes.

Debate on White-collar crime being a crime

According to Sutherland, focusing only on violations of the criminal law presented a misleading picture of crime.

—Focus on street crimes created the perception that crime was a lower-class phenomenon only.

Many white-collar crimes were being committed by middle- and upper-class people in the course of their business activities.

—Criminologists neglected these crimes because they were not dealt with by the criminal courts.

Six major areas of Criminology as a Discipline

1. The definition of Crime and Criminals

2. The origins and role of the law

3. The social distribution of crime

4. The causation of crime

5. Patterns of criminal behaviour

6. Societal reactions to crime

The causation of crime

What are the causes of crime and criminality?

— Why do some people commit crimes while others live more

Patterns of criminal behaviour

—Who are the offenders? Who are the victims? Under what circumstances does crime occur?

Societal reactions to crime

—Historically, societies have responded to crime in many different ways.

—In Canada (and most other countries), crime is mainly addressed through a state-run criminal justice system (the police, the courts, & corrections/prisons)

The social distribution of crime

—What acts are defined as crime?

—Who should be considered a “criminal”?

The origins and role of the law

—The social origins of laws help us understand why certain acts are considered criminal.

The social distribution of crime

—Traits of people who commit crime

—Temporal and regional trends

Issue with focus on street crime

perpetuates the idea that crime is only committed by lower class

Why are some acts defined as criminal

• power, those who have money can influence

• social origins of laws help us understand why certain acts are considered criminal

History of criminalization concerning marijuana and legalization (consensus + conflict)

think

Why certain acts defined as crime while others are not?

a

What do we mean when we say “crime is a social phenomenon”? Identify the different ways in which crime is a social phenomenon. Provide examples of specific crimes and how they may exemplify the argument that crime is a social phenomenon.

b

How does the Canadian news media sensationalize crime in this country? Provide specific examples.

c

• How does the news media in Canada misrepresent crime in this country? Provide specific examples.

d

To what extent does the news media place specific criminal events in a broader context (e.g., that crime and violence have decreased in recent years)?

e

Restorative Justice and example with the Sands case

“Seek to return the focus of the justice system to repair the harm that has been done to the victim and the community”

Son of the murdered constable was angry but wanted to move past, sent a letter to Robert, then became friends

A White-Collar Crime: Downfall of Conrad Black

2007, Conrad Black + several co-accused faced charges related to the fraudulent acquisition of funds (Hollinger International)

Black Very different background from the Sands, was Wealthy and grew up in an elite Private School

In comparison to the Sand Brothers, the law system did little to deter Black from doing it again, ordered to make a restitution of $6.1 Million + 6 years in prison (only fulfilled 3 ½ years)

Terrorism: Life and Death of Aaron Driver

Driver came from strong Christian family (changed after mother died at 7 years old), troubled childhood

Felt disconnected with life, found fulfillment in ISIS websites

FBI found out he was planning a suicide bombing terrorist attack, shot dead by police

Consequences of Media’s misrepresentation of Crime:

• Canadians greatly overestimate the amount of violent crime. Their rate of fear is higher than the rate of victimisation. 

• The media provides a distorted stereotype of offenders. Most violent crimes are committed by relatives rather than strangers. 

  • Also distorts racial dimensions of crime (crime lower among immigrants than Canadian-Born)

• News Media may provide patterns for criminal acts such as rampage shootings. Offenders may base their attacks off of what is presented in the media. 

  • Explains similarities between killings and why they appear in clusters

Animal Cruelty Laws in Canada

Very few changes have been made to legislation regarding Animal Cruelty since 1892, so it is very difficult to be charged. Some propositions have been made, but it has been opposed by those who worried that it would affect their livelihood.

One bill was extremely popular, but the group that opposed it was the Canadian Sportfishing Industry Association, which claimed that the proposed legislation would jeopardize the $10 billion-a-year sport fishing industry by making it “possible for a Grandfather to face a federal criminal prosecution for taking his grandchildren fishing”.

Terrorism in Canada

Canada had a problem with terrorism in the past. Most were committed between two groups, FLQ and the Sons of Freedom Doukhobors.

The FLQ (Front de libération du Québec) was committed to the separation of Quebec from Canada. Responsible for 100 bombings, and kidnapped and murdered Quebec cabinet minister Pierre Laporte.

The Sons of Freedom Doukhobors were a pacifist religious group who rejected government involvement in their lives, until the BC Government started forcibly taking their children to residential schools and pushed them further.

Most terrorism acts today are “lone wolf” terrorists.