SOC 225 - Midterm #2

Winter, 2023

Blameworthy

The amount of culpability or guilt a person maintains for participating in a particular criminal offence

Brutalization Effect

The outcome of capital punishment having created an atmosphere of brutality, which reinforces the view that violence is an appropriate response to provocation

Capable Guardians

In routine activities theory, the presence of police, homeowners, neighbours, and others, which can have a deterrent effect on crime

Choice Theory

* The view that deviance is a rational choice made by a motivated offender who perceives the chances of gain outweighing any perceived loss
* has been used to explain a wide range of law breaking
* reasons for committing crime could be *thrill-seeking*, *greed*, *revenge*, or just having *fun* 

Classical Criminology

The theory that people have free will, choose to commit crime for reasons of greed or need, and can be controlled only by the fear of sanctions

Conflict-Linked Crime or Violence

An expressive crime or an act of expressive violence involving people who know each other and who may be under the influence of drugs

Crackdown

The concentration of police resources on a particular problem area, such as street-level drug dealing, to eradicate or displace criminal activity

Crime Displacement

An effect of crime prevention efforts, in which efforts to control crime in one area shift illegal activities another area

Defensible Space

The principle that crime prevention can be achieved through modifying the physical environment to reduce the opportunity individuals have to commit crime

Degradation

Shaming occurs when the offender is branded as evil and cast out of society through a ritual exclusion, such as a school disciplinary hearing or a criminal court trial

Diffusion of Benefits

An effect that occurs when an effort to control one type of crime has the unexpected benefit of reducing the incidence of another type of crime

Discouragement

The effect when efforts made to eliminate one type of crime also control other types of crime by limiting access to desirable targets and thereby reducing the value of the criminal activity

Extinction

The phenomenon in which a crime prevention effort has an immediate impact that dissipates as criminals adjust to new conditions

General Deterrence

* A crime control policy that depends on the fear of criminal penalties aimed at convincing the potential law violator that the pains associated with crime outweigh its benefits
* Crime rates are influenced by the *threat of criminal punishment*
* *Inverse relationship between crime rate and the certainty, severity, and speed of sanction* 
* *Swift, certain, and severe influence one another*

Informal Sanctions

The disapproval of parents, peers, and neighbours directed toward an offender, which may have a greater crime-reducing impact than the fear of formal legal punishments

Instrumental Crimes

Illegal activities resorted to by those unable to obtain desired goods through conventional means, such as theft or the sale of narcotics, to obtain such goods

Just Desert

The philosophy of justice that asserts that those who violate the rights of others describe to be punished, with severity commensurate with the seriousness of the crime

Macro Perspective

A large

Micro Perspective

A small

Motivated Criminals

The potential offenders in a population. According to rational choice theory, crime rates will vary according to the number of motivated offenders

Offence-Specific Crime

An illegal act committed by offenders reacting selectively to characteristics of particular offences, assessing opportunity and guardianship

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(e.g. the crime of burglary may involve evaluating the target’s assets, whether or not a getaway car is available, and probable capture by police)

Offender-Specific Crime

* An illegal act committed by offenders who do not usually engage in random acts, but who evaluate their skill at accomplishing the crime (e.g. Walter White from Breaking Bad)
* crime is an event, criminality is a trait
* Criminals do not constantly commit crimes, and everyone - on occasion - is *capable of violating the law*

Perceptual Deterrence

The view that the perceived risk of being caught or the threat of severe punishments can deter criminally active offenders

Rational Choice Theory

The view that crime is a function of a decision

Routine Activities Theory

A crime of violence involving the use of force to obtain money or goods (p. 343) Seductions of Crime

Selective Incapacitation

The policy of creating enhanced prison sentences for the relatively small group of dangerous chronic offenders

Situational Crime Prevention

A method to eliminate or reduce particular crimes in narrow settings, such as increasing lighting and installing security alarms

Specific Deterrence

A punishment severe enough to convince convicted offenders never to repeat their crimes, which is based on the principle that an individual can be dissuaded if the cost outweighs the benefit: see utilitarianism

Stigmatization

An enduring label that taints a person’s identity and changes them in the eyes of others

Target Reduction Strategies

Methods for reducing crime through the use of locks, bars, alarms, and other devices; based on the analysis of potential risk factors

Utilitarianism

A view that believes punishment of crime should be balanced and fair, and that even criminal behaviour is purposeful and reasonable

desistance

crime rates go into decline as offenders age; also known as the “***aging-out process***” 

What are 4 theories/concepts from choice theory?

* Situational crime prevention
* General deterrence
* Specific deterrence
* Incapacitation

What are _ core concepts of choice theory?

* utilitariansim


* People choose their behaviours, including criminal behaviour
* We give up our freedom in exchange for protection by society
* To violate/harm another person is to violate the social contract
* The law should not try to legislate/govern morality
* Presumption of innocence (and no torture to determine guilt)
* Laws should be written, with punishment schemes decided in advance
* Punishment should be limited to what is necessary to deter crime
* Punishment should be graduated
* Punishment should be swift, certain, and severe
* If laws are not rational, transparent, or just, they too are violations (crimes)
* We can control the decisions of individuals through fear of punishment

utilitarianism

society must provide the greatest good for the greatest number of people 

Jeremy Bentham

* Bentham popularized **Beccaria**’s work on his writings, brought these ideas to Britain 
* All law should produce and support the total happiness of the community it serves 

According to Bentham what are the 4 main objectives of punishment?

* To prevent all criminal offenses 
* To convince the offender to commit the least serious crime possible
* To ensure that a criminal uses no more force than is necessary
* To prevent a crime as cheaply as possible

panopticon

* developed by Bentham
* Unaware of when surveillance occurs 
* Compliance occurs because of the risk of observation 
* Choices governed by risk of detection 

classical theory in law

* First adopted in 1789 in France (post-Revolution) in the *Declaration of the Rights of Man*
* *Also in our Charter of Rights and Freedoms (Everyone has the right not to be subjected to any cruel and unusual treatment or punishment*
* *Stopped using torture (mostly) after the 19th century*
* *Rise in incarceration, but graduated or proportional punishment was often not used in the legal system*

Declaration of the Rights of Man

The law has the right to prohibit only actions harmful to society … the law shall inflict only such punishments as are strictly and clearly necessary … No person shall be punished except by virtue of a law enacted and promulgated previous to the crime and applicable to its terms 

When did choice theory/classical criminology see a resurgance?

* in the 1970s
* time period marked by a conservative shift in public policy

What scholar is associated with the resurgence of choice theory/classical criminology?

James Q. Wilson

James Q. Wilson

* Political scientist who tried to *debunk* positivist perspectives
* Argued that *poverty/social conditions do not cause crime*; we should not attempt to influence or change crime through social supports
* Criminals *lack inhibition*, *value excitement*, don’t conform, and take risks 
* If all crime has severe punishments, *only irrational actors will offend*

What personal factors condition people to choose criminality?

* economic circumstances
* perception of risk

economic circumstances

desistance will occur if earnings from crime will be (relatively) low and there’s a legal opportunity 

perception of risk

desistance will occur if the risks are greater than the potential profit

Agnew

people who choose a criminal lifestyle over social conformity share traits

According to Agnew what traits to people who choose a criminal lifestyle over social conformity share?

* They feel they can do what they want
* They have less self control 
* Unaffected by fear of punishment 
* Under stress or facing personal problems 

Crimes are structured by choice of. . .

* location (undetectable, private, convenient, low risk of apprehension)
* target characteristics (for burglary, family not home, no dog, not a free-standing

building)
* techniques available for completion (hiding drugs to avoid detection)
* rational choices underlying these decisions

rational choice theory

* Crime is a function of a decision-making process, in which the potential offender weighs the potential costs and benefits of an illegal act 


* Micro perspective

routine activities theory

* Crime is a normal function of the routine activities of modern living; offenses will occur when a suitable target is not protected by capable guardians
* macro perspective

Crime is structured by the choice of which of the following three variables?

target characteristics, location, techniques available for completion

auto thefts

intentional and selective in choosing targets

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(e.g. Volkswagens to sell for parts, Mercedes/Buicks to keep)

sex workers

make *clear, intentional choices with respect to safety such as* avoid sex without protection, won’t trade sex for drugs, avoid dangerous clients

Bedford

argued that the sex work law restricted her ability to make these choices; went to Supreme Court and argued that Section 7 rights were violated

selling stolen goods

intentionally done so to be *low risk;* goods are sold in less than an hour to family, pawnshops, or are traded

auto thefts

follow a routine pattern to avoid detection; getting caught by an owner (informal sanction) is a significant risk that they take care to avoid 

recreational drug users

take drugs (generally) on account of *peer networks*

heavy users/dealers

* employ particular techniques to avoid detection
* dealing drugs is often *supplementary income* (on average, a dealer will only sell for four hours a day and earnings are low) 

instrumental crimes

illegal activities (e.g. sale of narcotics) committed in order to obtain desired goods that aren’t otherwise attainable through legitimate/conventional means

violence

* not an instrumental crime
* violent criminals are selective of their choice of targets
* there is a degree of rational thought underlying incidents of violence (revenge, provocation, a disagreement)

What are 4 crime control strategies based on choice theory?

* situational crime prevention
* general deterrence strategies
* specific deterrence strategy
* incapacitation strategies

situational crime prevention

* make offense less desirable
* deny motivated offenders access to suitable targets
* home security to signal guardianship (more capable guardians)
* defensible space
* crime prevention through environmental design (CPTED)

According to situational crime prevention, criminal acts will be avoided if. . .

* Potential targets are carefully guarded
* The means to commit crime are controlled 
* Potential offenders are monitored

defensible space

crime prevention can be achieved by modifying the environment to reduce opportunities

Why do some scholars argue CPTED is not the best?

* Most of the time crime is just moved 
* We might also see some degree of mastery; people adapt

What are issues with situational crime prevention?

* extinction of effect
* displacement of crime
* mixed success (generic programs cannot address diversity of criminal behaviour)

general deterrence strategies

* make potential offenders fear the consequences of crime
* mandatory sentences and aggressive policing tactics

What are issues with general deterrence strategies?

* criminals may not fear punishment
* certainty of arrest/punishment may be low

specific deterrence strategy

* punish known offenders to reduce recidivism (no more repeat offenders)
* harsher prison sentences, larger fins

What are issues with specific deterrence strategy?

* may increase rates of re-offending

incapacitation strategies

* incarcerate motivated offenders to take them off the streets
* long prison sentences, more people ‘behind bars’

What are issues with incapacitation strategies?

* non-dangerous offenders are locked up, expensive strategy

What are 4 more crime prevention strategies?

* increasing the effort
* increasing the risks
* reducing the rewards
* inducing guilt or shame

What are the 3 types of crime discouragers?

* guardians
* handlers
* managers

guardians

monitor targets

handlers

monitor offenders

managers

monitor places

What 4 levels of responsibility can crime discouragers have?

* personal
* assigned
* diffuse
* general

personal responsibility

owners, family, friends

assigned responsibility

empoyees with a specific assignment

diffuse responsibility

employees with a general assignment

general responsibility

strangers, other citizens

How have we seen increased support for harsh punitive measures in Western society?

* three-strike laws
* mandatory minimums
* harsher sentences

certainty of punishment

* Research has shown an *inverse relationship between crime rates and the certainty of punishment* (however; has also found little relationship)
* Punishment-crime association is group-specific and crime specific
* Community-based policing strategies 
* Policing crackdowns

community-based policing strategies

Foot or bike patrols, go to areas with frequent and repeat 911 calls

policing crackdowns

Concentrating police resources on a particular problem area to eradicate or displace criminal activity 

severity of punishment

* Might see a short-term deterrent effect when punishments are made more severe
* Needs to operate alongside certainty
* Little evidence to support that increasing punishments result in deterrence
* Brutalization effect
* Murder is an expressive crime, is a conflict-linked crime, which prevents rational evaluation of consequences 

brutalization effect

capital punishment creates an atmosphere of brutality; reinforces violence as a response to provocation

perception of deterrence

* *Certainty (not severity) influences people*


* *Perceived risk influences decision making, threats of punishment have less/no effect*
* *Perceptual deterrence: a view that perceived risks of apprehension or threats of punishment can deter active offenders*
* *Research and studies in deterrence will use non-criminal samples or focus on low level, non-violent crime*

informal sanctions

* the disapproval of parents, peers, and neighbours directed towards an offender
* May be more effective than formal legal punishments
* Social control comes from perceived negative reactions from our friends, family acquaintances, etc. (Legal sanction is supplemental here)
* *Fear of shame/embarrassment* is a strong deterrent (We see this relationship most strongly in IPV (fear of social costs))

specific deterrence

* Majority of known criminals/chronic offenders are not deterred by punishments
* The earliest an offender is convicted, the more likely they are to recidivate

Some research shows that punishment increases recidivism - why?

* Punishment - specifically a legal sanction - will bring about defiance. They will feel upset, won’t be deterred but will see themselves as labeled, and want to defy that act 


* The stigma that came from the criminal sanction might lock someone into a criminal career pattern. Their family disapproves, they lost a job, etc. locks them into a lifestyle

reintegrative shaming (John Braithwaite)

* Encouraging offenders to confront their misdeeds, experience same, and then rejoin society


* A person needs to participate/accept the shaming process 

What is a modern day example of reingetrative shaming?

* *Japan*: prosecution will only proceed when we don’t see a process of public apology, compensation, and forgiveness 
* Japan is the only nation with a sustained decline in the crime rate over the past 50 years 

What is an archaic examples of shaming?

branks

branks

* Brank is like a cage surrounding the head with a piece of metal in your mouth
* Covered in bells
* Put in a cart and driven around town
* Would be extremely ineffective today 
* Entirely and exclusively meant to punish women who would scold/nag their husband/neighbours

incapacitation strategies

* strategies are (at best) modest
* more people incarcerated in the US/Canada over the last 20 years

How many people are incarcerated in Canada?

110 per 100,000