Week 1-4 Flashcards
(37 cards)
What are the 4 perspectives on defining crime?
- Legalistic (crime is behaviour that violates the law of the land)
- Political (Crime is behaviour that threatens the powerful)
- Sociological (Crime is behaviour that violates human relationships)
- Psychological (Crime is maladaptive behaviour)
Define the legalistic perspective and include drawbacks to this point of view.
Crime is human conduct in violation of laws made by various levels of government. Suggests that if there were no laws, there would be no crime. For example if there was no law against stealing, theft would not be criminal or even wrong.
Key problems with this perspective:
1. It suggests that those with the most power have the higher moral ground. i.e. those with the most power (and therefore able to make or influence laws) get to decide what is right and wrong.
2. Laws take time to become formalized so they do not always “keep up” with social definitions of right and wrong.
Define the political perspective
Crime is defined by criteria set out by the politically powerful who use laws to label and prevent undesirable behaviour. Laws serve the interests of the powerful and crime is anything that is seen as a threat to the interests of the powerful
Define the sociological perspective
The sociological perspective sees crime as any anti-social act. Crime must be repressed in order to preserve social order. Crime is firstly defined by how it violates human relationships; the violation of law is secondary.
Define the psychological perspective
Crime is a form of social maladjustment (often against the law) which comes from a difficulty that individual has in remaining in harmony with their social environment. In this perspective, crime is both a problem for the individual and for society.
How is criminal behaviour determined by the consensus perspective?
Under the consensus perspective, people must agree on what is right and wrong. Social institutions work together to define laws and there is social agreement on what constitutes criminal behaviour. For example, there is social agreement that murder is wrong. As such, our social institutions (e.g. law enforcement, court system, government) design, implement, and uphold laws against murder.)
What are the four principles of the consensus perspective?
1: Most members of the society believe in the existence of core values
2: Laws reflect the collective will of the people
3: All people are equal under the law
4: Law violators represent a unique subgroup with distinguishing features (e.g. improper socialization)
How is criminal behaviour determined by the pluralist perspective?
The pluralist perspective believes that society is made up of diverse groups each with their own beliefs. Laws are based on what is best for the larger society and can be used as a means of dispute resolution between groups.
For example, some groups in Canadian society belief that people should cover their heads (e.g. Kippah for Jewish Men, headscarf for Muslim Women) and some groups do not think that is necessary. As such, the law is designed so that individuals have the right to choose whether to cover their head and prevent anyone from forcing others to remove such a garment.
What are the five basic principles of the pluralist perspective?
1: Society is made up of many distinct social groups
2: Every group has their own values, beliefs, and interests
3: there is a general agreement to use laws for dispute resolution
4: the legal system is above petty disputes and any relations between groups (they are objective)
5: the best interest of society is represented in legal institutions and members of these institutions are beyond the reach of self-serving groups
How is criminal behaviour determined by the conflict perspective?
The conflict perspective believes that conflict is a fundamental and permanent part of social life. They suggest that laws are made by and for the powerful. Social order is held by the powerful exercising the law and laws only change when special interest groups fight for power. This perspective is closely related to the political perspective.
For example, before 2005, same-sex marriage was illegal in Canada but LGBTQ+ groups (special interest groups) fought for their right for same-sex marriage to be recognized under law. In 2005, this group gained enough power to formalize this law.
What are the six basic principles of conflict perspective
1: society has many social groups with different values and traditions
2: each group has a different understanding of right and wrong
3: conflict comes from group differences deemed socially significant
4: the basic nature of group conflict comes from the exercise of political power
5: law is a tool of the powerful and furthers the interests of the powerful
6: Those in power always try to maintain it.
What are two different perspectives on causes of crime?
Social Responsibility Perspective: Crime is evidence of a breakdown in social responsibilities for social problems. People commit crimes because they have been let down by society so society as a whole bears the responsibility
Individual Responsibility Perspective: Crime is a result of people choosing to break the law. People have free will so when they commit a crime, they are individually responsible for their actions.
Name at least 5 types of violent crime.
Homicide, violations causing death, attempted murder, assault, sexual assault,
robbery, use of firearms, forcible confinement/kidnapping, trafficking in persons, extortion,
criminal harassment, uttering threats, indecent or harassing communications, non-consensual distribution of intimate objects, commodification of sexual activity.
Define Homicide and explain the difference between culpable and non-culpable.
Homicide: when a person directly or indirectly causes the death of a human being.
Culpable homicide is when the person should not have died and an someone is responsible for their death. For example, first degree murder is culpable homicide.
Non-Culpable homicide is also called justifiable homicide. It is when the person responsible for their death is not criminally accountable. For example, police killing in the line of duty, or someone killing in self-defense.
Define murder, identify the three categories and distinguish between mass murder and serial murder
Murder: when a person intentionally causes the death of another person or intends to cause bodily harm likely to result in death.
- First Degree Murder: culpable homicide that is planned and deliberate OR the killing of a police or corrections officer OR murder that occurs during another serious offense (e.g. sexual assault).
- Second Degree Murder: Culpable homicide that is intentional and unlawful but not planned
- Manslaughter: culpable homicide that is unintentional and unplanned. For example murders committed in response to sudden provocation, due to impaired judgement, or recklessness/carelessness.
- Serial Murder is Culpable homicide that involves the killing of several victims in three or more separate events.
- Mass Murder is the illegal killing of four or more people at one location within one event. When mass murder is politically motivated it is called a terrorist attack.
Define Sexual Assault and explain the difference between the 3 levels.
Sexual assault is an assault committed in the circumstances of a sexual nature such that it violates the sexual integrity of the victim (survivor). Victims and perpetrators can be any gender. Penetration is not a required criteria.
Level 1: assault that violates the sexual integrity of the person
Level 2: sexual assault that involves a weapon, bodily harm, or threats to cause bodily harm.
Level 3: aggravated sexual assault; assault that wounds, maims, disfigures, or endangers the life of another person.
What is criminal harassment and why is it considered a violent crime?
Commonly called stalking. Is the repeated following, watching, or communicating with a person or someone known to the person that causes the person to fear for their safety or the safety of someone they know.
Criminal harassment includes cyber bullying, cyber stalking, and online harassment.
Criminal harassment often escalates to violence, especially sexual assault. Like sexual violence, women are most often the victims of criminal harassment.
What is robbery and why is classified as a violent crime?
What is robbery and why is classified as a violent crime?
Robbery: the unlawful taking or attempted taking of property that is in the immediate possession of anther by threatened or actual use of force or violence.
Is considered a violent crime because it is committed in the presence of the victim and involves force or threats of violence.
Define assault and distinguish between the three levels
Assault is the intentional or threatened application of force on a person without consent. It has three levels.
Level 1: Assault or common assault; this includes hitting, punching, use of hands or limbs etc. Can also involve threats by act or gesture (e.g. hitting the wall, breaking things aggressively.)
Level 2: Assault that involves the use of a weapon or that causes bodily harm.
Level 3: Assault that maims, wounds, disfigures, or endangers the life of the victim (survivor).
Define hate crime
Hate Crimes are criminal act towards a person or a group because of race, natural or ethnic origin, religion, language, colour, sex, age, sexual orientation, or mental/physical disability. Hate crimes often advocate for genocide, involve some sort of public incitement of hatred, and willfully promote hatred towards a specific group.
What is property crime? Name examples of property crime
Property crime is unlawful acts perpetrated with the intent of gaining property but without the use of threats or violence.
Types: Breaking and entering (residential, business, and other), theft, vandalism
What is breaking and entering? What are the different types?
Breaking and Entering is the unlawful entry of a a place with the intent to commit an indictable offense.
Types:
- Residential B&E: breaking and entering a private residence
- Business B&E: breaking and entering a commercial building
- Other B&E: breaking and entering private property structures such as sheds or shops
Define Theft. How is theft severity categorized?
Theft is dishonestly taking someone else’s property with the intention of depriving the original owner permanently or temporarily. This includes motor vehicle theft.
Theft severity is categorized based on the value of the stolen property. Specifically it goes into the category of theft over and theft under where theft over involves theft of property over 5000$ and theft under involves the theft of property under 5000$
Define Identity theft and identity fraud. What is the difference between the two?
Identity Theft is knowingly obtaining or possessing another person’s identity information with the intent to use the information to commit an indictable offense.
Identity Fraud is fraudulently impersonating another person, living or dead with the intent to gain personal advantage or with the intent to disadvantage the person being impersonated.
Identity fraud is very specifically involves impersonating the person who’s identity has been stolen. You can commit identity theft without committing fraud (e.g. selling identity information to people intending to commit fraud.)