SOCI 250

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structural functionalism
crime has a purpose in society

* creates jobs
* teaches a moral compass (boundary/rule clarification)
* group unification
* aids in social adaptation/change
* **Emile Durkheim**
* ex. robbery frequency determines level people protect their possession
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latent functions of criminal behaviour
unintended/unrecognized consequences of social phenomenon

* ex. abortion laws causing an increase in illegal abortions
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manifest functions of criminal behaviour
intended/recognized consequences of social phenomenon

* ex. abortion laws causing more babies born
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anomie
state of normlessness in society - behaviour is unknown

* **Emile Durkheim**
* ex. being stranded on a deserted island
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strain theory
discrepancy between social goals/aspirations and legitimate capacity to achieve those goals

* **Robert Merton**
* crime results from unfulfilled human aspiration
* ex. wanting to go to college, but can’t afford tuition
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*Delinquency and Opportunity* by Richard Cloward and Lloyd Ohlin (1960)
there is a differential availability of illegitimate means

* focuses on low-income communities - who you know and what is available


* strain is caused by the position discontent of an individual


* 3 distinct gang subcultures:
* criminal gang: environments that foster criminal behaviour
* conflict gang: disorganized environment with neither legitimate or illegitimate instruction
* retreatist gang: progression of failures at innovating
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*Delinquent Boys: The culture of the gang* by Albert Cohen (1955)
* culture has a significant effect on deviant behaviour among young boys
* culture can determine behaviour, beliefs, interests, prejudices
* school culture caters to middle-class academic
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Walter Reckless - containment theory (1961)
* inner and outer self control affects person’s likelihood to commit crime
* ex. personal sense of right and wrong
* inner containment - strong is:
* self-concept
* goal direction
* tolerance of frustration
* identification with lawful norms
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Focal Concerns
socialization into cultural beliefs/values determines crime in delinquent boys

* Walter Miller (1958)
* 6 concerns:


1. trouble: excitement and toughness
2. toughness: prove themselves
3. smartness: street smarts
4. excitement: seek out thrills
5. fate: their future is already decided
6. autonomy: independent
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*Crime and the American Dream* by Steven Messner and Richard Rosenfeld (1993)
social institutions have consistently failed to make American Dream of economic success possible through legitimate means

* Strain Theory
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Life-course Developmental Theory (Nagin, Farrington and Moffitt, 1995)
quality and quantity of social bonds fluctuate over our lives, and can have effect on crime committed

* weak ties are important (jobs, opportunities)
* troubled family and friend life as a youth can have lifelong effects
* affected by turning points in life
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social ecology
social disorganization theory, differential social organization
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social disorganization theory
ecological differences in levels of crime in different neighbourhoods are based on structural/cultural factors shaping social order

* ex. self regulations in rural communities
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differential social organization
crime rate of group is determined by extent to which group is organized in favour or against crime

* ex. growing up in a gang family
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*The Polish Peasant in Europe and America* by Florian Znaniecki and William Thomas (1920)
discussed why crime rates increased dramatically when Poles immigrated to US

* strain theory - racism, language barrier, skills
* environment changed, they didn’t bring crime with them
* factors contributing to neighbourhood character


1. degree of cultural heterogeneity
2. high degree of mobility
3. no development of community base
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4 steps to community stability (Robert Park and Ernest Burgess)

1. Invasion
2. Conflict - poor communities don’t get past here
3. Accommodation
4. Assimilation
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concentric-circle theory
cities develop from inner city to suburbs in concentric rings

* each has set of environmental/social characteristics
* Ernest Burgess (1925)
cities develop from inner city to suburbs in concentric rings

* each has set of environmental/social characteristics
* Ernest Burgess (1925)
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Oscar Newman - Defensible Space
good spaces = safe environment

* crime prevention through environmental design
* spaces should not attract crime or generate fear
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conventional crime
crime classified in criminal code/agreed upon as bad
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larceny
unlawful taking/carrying away of property belonging to another individual

* shoplifting
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breaking and entering
unlawful entry of a structure to commit a felony/theft

* nothing has to be stolen to lay charge
* breaking in and stealing something = charged with two crimes
* no direct confrontation
* three categories: residential, business, non-residential private structures
* more b&es happen in summer
* rational choice theory
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criminal distance theory
observed relationship between distance of target from offender’s home and likelihood the offender will attack
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crime clearance rates
proportion of reported crimes solved by police
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crime displacement effect
crime is not actually prevented, criminal moves to another target

* ex. home security
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robbery
theft of another’s property with threat of physical violence against victim

* includes commercial, highway, street, armed, strong-armed, drug-related robbery, and home invasion
theft of another’s property with threat of physical violence against victim

* includes commercial, highway, street, armed, strong-armed, drug-related robbery, and home invasion
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robbery trends
* most robbers only commit robbery as a crime
* 90% committed by young men
* money most commonly stolen
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explaining robbery
* high unemployment among young men
* learning theory: opportunistic vs professional robbers, often start young
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assault
unlawful physical harm committed against victim
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level 1 assault
no serious bodily harm intended/inflicted

* 85% of assault charges laid
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level 2 assault
use of weapon, infliction of bodily harm

* 10% of all assault charges laid
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level 3 assault
intention to commit serious bodily harm (aggravated assault)

* 5% of assault charges
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low crime
get caught quickly, sporadic
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middle crime
some knowledge/planning beforehand
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high crime
don’t get caught quickly
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Cybercrime
illegal activity using computer equipment/technology

* ransomware, revenge porn, identity theft, fraud (most), bullying, criminal harassment, intimidation
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cybercrime trends
* costs Canada $5 billion/yr
* rapidly accelerating and increasing
* younger generations are more conscious of online presence
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fraud
unlawful use of cheating or deception to obtain something of value

* mostly committed out of economic need
* done by individuals or
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7 deadly sins hackers exploit

1. apathy
2. curiosity
3. gullibility
4. courtesy
5. diffidence
6. greed
7. thoughtlessness
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lifestyle exposure theory
probability of victimization varies by time, space, social setting

* amount of time spent in public spaces, type of neighbourhood, time of day, amount of time spent with non-family members
* Hindelang, 1978
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equivalent groups hypothesis
offender and victim share similar characteristics
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proximity hypothesis
some people put themselves at risk by choosing a high-risk lifestyle - bad choices
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deviant place hypothesis
some areas are more conductive to criminal activity
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routine activity approach (Lawrence Cohen and Marcus Felson)
crime is a rational choice - occurs when 3 elements converge:


1. motivated offender
2. suitable target
3. absence of capable guardian
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corporate crime
committed by high profile groups/businesses to max profits illegally - high class individuals with legitimate corporate fronts

* crimes against economy, crimes against the environment, crimes against consumers, crimes against employees
* ex. child labour, offshore accounts, opioid crisis, tax evasion, illegal dumping, poaching, market manipulation
* no standard legal definitions
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white-collar crime
illegal activities conducted by employees and officers for personal gain or benefit of the company
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victimless crime
no identifiable victim - activity is consensual or directed against a corporate entity
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G10
group of 10 - participate in general arrangements to borrow

* Canada is part of it
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regulating corporate crime
* poorly enforced, ineffective deterrents
* dealt with as fraud or embezzlement
* typical punishment rationale is retribution and just deserts
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ponzi scheme
promise high return rate by giving away other ponzi scheme people’s money
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corporate criminal
person of respectability and high social status in course of their occupation (Edwin Sutherland, 1949)

* high status allows access to materials, power to fire, invisibility, afford legal team
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tax evasion

1. bank country residency
2. non-domestic status
3. corporate accounts
4. bank account in other country
5. smuggle cash
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The Paradise Papers
leaked info about offshore accounts for many major businessmen and figures
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Competition Act (1889) - Canada
An Act to provide for the general regulation of trade and commerce in respect of conspiracies, trade practices and mergers affecting competition
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crimes against the economy
violations that contravene federal/provincial statutes

* goal is to make the most money
* tax evasion, stealing patents, buying up small businesses, violations of regulations governing stock market
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crimes against environment
corporate practices resulting in pollution, depletion, degradation of environment

* oil spills, improper disposal of hazardous environment, illegal denuding of land, improper safety mechanisms
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crimes against consumers
activities aimed at gaining extra profit at expense of consumers'

* price fixing, deceptive advertising, marketing/selling defective products
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crimes against employees
physical harm, inhumane employment conditions, arbitrary dismissal
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crimes against humanity
legal activities but violate accepted human values

* labour practices in 3rd world countries
* establishment of free trade zones
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external causes of corporate crime
* environmental uncertainty
* market structure
* strain
* culture of competition
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internal causes of corporate crime
* internal organization control (upper class are willing to take more risks, more likely to be punished)
* individual control
* techniques of neutralization
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what creates internal opportunity for corporate crime?
* high turnover of mid-level managers (don’t know what to look for in workplace culture)
* too much financial authority resting with only a few senior managers
* inadequate channels for reporting crime
* unhappy workers - want to damage the company
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Barriers to combatting corporate crime
* dismissing it as a victimless crime
* corporate crimes are laundered through (pro-business ideology, don’t want to cut revenue/funding)
* definitions are varied
* absence of reliable data
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explaining corporate crime

1. differential association
2. conflict theory
3. neutralization: temporary neutralization of values preventing someone from committing crime
4. culture of denial: extent of corporate crime is unknown
5. stress/strain
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**learning perspective**
deviance is learned from other people - primarily psychology based

* deviance is highly relative, deliberate, and intentional (actively sough out and learnt)
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types of learning deviance

1. contextualized: associative subcultural theory
2. indirect-imitative learning
3. informal learning
4. formal instruction
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**Imitation theory of crime** (Gabriel Tarde, 1890)
3 laws of imitation


1. law of close contact
2. law of imitation of superiors by inferiors
3. law of insertion
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**differential association** (Edwin Sutherland, 1947)
association with different groups leads to crime

* deviance occurs when individuals feel a situation is appropriate for stepping beyond normative boundaries - innovation
* deviance socially learned through frequent negative influences
* psychology + symbolic interactionism
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differential reinforcement theory
crime is learned behaviour reinforced through consequence

* Differential Association variation
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differential association-reinforcement
learn social skills through operant conditioning controlled by stimuli following behaviour
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micro-level interactions
social-process theories - learning interactions

* differential association, social learning, labelling
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**containment theories**
outer and inner containments are required for a person to develop restrained law-abiding behaviour
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personal containment
self-control mechanisms created through socialization
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social containment
imposed controls of family, school, popular culture, religion
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Ivan Nye - Containment Theory
4 types of control:


1. internal
2. indirect: outer controls - not formal punishments
3. direct: outer controls - formal punishments
4. legitimate needs satisfaction: need to belong has to be fulfilled
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containment theory - multi-systemic therapy
focus on parenting skills to treat high risk juvenile offenders to prevent serious crime in the future
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containment theory - techniques of neutralization
trying to deny committing a crime to avoid feelings of guilt


1. denial of responsibility
2. denial of injury
3. denial of victim
4. condemnation of condemners
5. appeal to higher loyalties (teaching a lesson)
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containment theory - drift
deviants can drift in and out of commitment to deviant or dominant values, resulting in episodic deviance
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subterranean values
values that exist in society and aren’t talked about

* violence
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**labelling theory**
negative labelling can predispose people to feel like outcasts

* deviance is made worse by labelling and punishment by authorities


* crime is relative
* discrimination and racism hold major significance
* criminalization has to be seen as legitimate by the public
* moral entrepreneurs create laws and norms
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moral entrepreneurs
use their power/influence to shape legal system to their advantage - what they believe is a social problem
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primary deviance
behaviour running counter to societal norms but not socially recognized or labelled as deviant

* ex. stealing a candy bar from a store
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secondary deviance
deviant behaviour resulting from labelling
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gambling
* predominately done by men
* compulsive gamblers often struggle with other addictions/disorders
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substance abuse
abuse of alcohol/drugs affect sense of public order because of altered behaviour

* alcohol is not regulated like other drugs
* strong link between substance abuse and criminal activity
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Safe Streets Act (Bill M 202)
to criminalize vagrant kids

* fine $85-150 for solicitation and have reason to arrest when they didn’t pay fees
* not dealing with root problem - when you have many people in a criminalized group, it's not individual
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containment theory - neoconservative view on crime
* human nature is selfish, weak, hedonistic
* root causes of crime are unimportant
* criminal behaviour largely product of family dysfunction or liberal social values
* soft penalties, rehabilitation, diversion programs don’t help
* street crime is worse than white collar (more fear)
* stiff/long penalties
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*Thinking About Crime* by James Q. Wilson
first to discuss neoconservatism - police should have power to “rough up” young people
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Broken Windows by Wilson and George Kelling
reasonable policing policies include

* maintain community/social order
* increase foot patrols
* increase private security
* quicker trails and more severe penalties
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victimology
relationship between criminals and victims

* importance of victim first recognized by Benjamin Mendelsohn


* neoconservative origin
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Victims Bill of Rights Act
* right to information, protection, participation, restitution
* victim services
* victim impact statement
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victimization surveys
ask respondents if they have been the victim of a crime - those who have are asked about their experiences and impressions of the justice system

* insight into dark figure of crime, prevalence of certain crimes, impact, risk of victimization
* General Social Survey (GSS) - Statistics Canada, Violence Against Women Survey (1993), surveys on family violence (est. 2001), International Crime Victims Survey (1989-2005)
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victim characteristics
* most likely **young** people (15-24), least likely old 65+)
* **women** more likely to be (85 vs 67 per 1000)
* women more likely to be victims of sexual assault and theft
* men more likely to be victims of of robbery and assault
* **higher income homes** more likely to be robbed
* **single people** higher rate of violent victimization
* **Indigenous** over-represented in victimization
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victim financial compensation
* property loss recovery: find stuff, offender-paid restitution, insurance
* victims of violence: most apply promptly, civil litigation, litigation against government
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victim assistant programs
* court services: assistance with attending court and dealing with justice system
* public education: information about the law and crime prevention
* crisis intervention: support to those who have experienced a negative impact from crime
* victim-offender reconciliation programs: restorative justice
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victim precipitation theory
some people make themselves targets for victimization through actions or inaction

* victim blaming
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secondary victimization
insensitive, victim-blaming, trauma-compounding behaviour towards victims of violence

* leads to reluctance to seek help
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victim impact statements
statement presented by victim during sentencing to describe personal impact of crime
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critical criminology
intersectionality of politics and crime

* criminal categories created/defined in Western society to maintain social order and power of privileged
* social difference politicized
* current laws are ineffective
* media representation of crime is biased and sensationalized
* police presence had no effect on crime rates
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social development approach
community-based public education used to inform people of risks to their safety to take steps in avoiding becoming victims of crime