Term
Classical Criminology - What is it? |
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Definition
-rational choice
-benefits outweigh cost
-pursue self-interest |
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Term
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Definition
Deterrence Theory
Rational Choice Theory
Routine Activities Theory |
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Definition
rational choice
swift/severe/certain
Beccaria and Bentham
specific and general deterrence |
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Term
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Definition
offence specific vs offender specific crime
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Term
Social Conflict Criminology |
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Definition
roots in social inequality created by capatalist and manly society. struggle of power and resources creates crime
Marxist Crim
Classical Crim
Modern Conflict
Radical Crim
Feminism
Left Realism |
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Term
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Definition
Karl Marx and Friedrich Engels
class is power relationship
focuses on economy/capatalist system
brutality of capatalist system turns workers into animals
wrote Das Kapital and Communist Manifesto
social relations are determined by economic productive relationships
capatalism encourages exploitation of workers
Marx believed surplus value in business belongs to workers
each society produces own types of crime, ways to deal with crime and gets the crime it deserves.
law
Instrumental Marxism:
Structural Marxism:
Spitzer's Marxian Theory of Deviance: |
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Term
Instrumental Marxism: Government and Law are tools for capatalist |
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Definition
Government and Law are tools for capatalist |
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Term
Spitzer's Marxian Theory of Deviance: |
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Definition
deviant populations are those that don't contribute or interfere with profit making. Includes those who can't work or challenge the system. May be imprisoned, absorbed into mainstream or left alone. |
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Term
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Definition
Government and Law exist so that there is stability for profit making and to ensure social stability to avoid social conflict. |
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Term
Criticism's of Marxist Criminology |
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Definition
does not locate causes of individual criminality
lack of individual responsibility
idealistic |
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Term
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Definition
Society is composed of have and have-nots rulers and ruled
Laws reflect the interests of the dominant class
capitalism encourages egoism and criminality by equating status with property
only crimes of poor are punished
economic inequality intensifies personal problems and crime
crime will virtually disappear with equal distribution of property |
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Term
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Definition
1960's
influenced by self-report studies of delinquency
labelling theories
social and political upheavals of the 60's and 70's
Chambliss and Seidman "Law Order and Power" 1971
The justice system operates to protect the rich and powerful by how crimes are defined, enforced, and how law breakers are punished
crime is politically defined
definitions are based on interests of the powerful
conflict exists between social groups
the laws are enforced by the powerful
behaviour is structured by class
stereotypes of crime are diffused by the media
crime becomes a social reality
austin Turk- "criminality and legal order", authority relationships produce conflict because groups have their own norms and behaviours, this results in norm resistance. Open conflict will occur if both groups are strongly committed, have group support and are not sophisticated.
Research - comparison of fluctuations in rates or poverty and crime, examination of cases in the CJS for bias by class and race.
Criticisms- lack of empirical evidence, crime in socialist countries
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Term
Classical Conflict Theory |
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Definition
Power relations-conflict is rooted in the competition for power, power provides means to influence public opinion for private gain, those in power use the law to criminalize those without power |
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Term
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Definition
Britain 60's and 70's
Taylor, Walton, Young, The New Criminology
Brought about by critique of conventional approaches to crime.
United States, Uof C scholars influenced by rights movement
80's and 90's, left realism, feminism, and peacemakeing criminologies. |
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Term
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Definition
John Lea and Jock Young
we need to be realistic about both the crimes of the rich and crimes of the poor
Marxist theorists are too idealistic
Basic Principles: working class crime is serious, for victims and perpetrators.
Relative Deprivation=discontent + no solution = crime
Need to use qualitative and quantitative studies
Need both short term and long term solutions - pre-emptive deterrence(working in neighbourhood) , demarginalization by involving youth in community and neighbourhood development ot challenge deviants |
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Term
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Definition
most study of crime is done by men thus reflect's men's understanding
feminist researchers are interested in gender differences in crime and women as victims of crime |
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Term
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Definition
women experience double marginality at work and at home
commit fewer crime and different types of crime.
powerlessness increases likelihood of victimization for women
crime is a way of "doing gender" for men
-asserting masculinity
-separates them from the weak |
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Term
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Definition
main explanatory concept is patriarchy
inequality has roots in sexual violence
-women can be controlled and forcibly impregnated
-men socialized to be sexually aggressive
-sexual aggression is supported by peer groups
Main focus is on violence against women and the effects of sexual abuse on women's criminality |
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Term
Criticisms of Conflict Crim |
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Definition
Studies show that crime is majority intra class not inter class
ignores low crime levels in capatalist societies like Japan and Switzerland |
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Term
Social Structure Theories |
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Definition
blames the poor
lower class neighbourhoods cause crime
Structural Crim
Social Disorganization Theory
Social Strain Theory
Cultural Deviance Theories
criticisms: |
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Term
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Definition
Consistency/Validity Parsimonious Testable Evidence Width of scope Length of scope Macro-Micro linkage Holes |
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Term
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Definition
examines political economy, patterns of crime within social structure, effects of social change in technology and social instituions, and crime and various structures: economic, institutional, socio-political, demographic |
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Term
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Definition
includes growing income gap, poverty and race, poverty and social mobility, poverty and life chances, the culture of poverty thesis (expands on cycle of poverty, and how the poor have a unique value system), the underclass |
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Term
Social Disorganization Theories |
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Definition
links levels of criminality to different neighbourhoods.
Concentric Zones
Social Ecology |
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Term
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Definition
Park and Burgess, Shaw and McKay
Social Disorganization flourishes in communities that are experiencing rapid migration, rapid industrialization, substantial turnover, "renters"
Closer to centre of city, more crime
Transitional Neighbourhoods have more crime: high population turnover, substandard housing, poor working conditions, limited parental supervision, intergenerational culture conflict, high immigration, lack of assimilation
Kids in play groups in transitional neighbourhoods: get into trouble with authorities, form adolescent gangs, have deviant role models, recruit new immigrants
Criticisms: mainly applicable to US cities only, ignores geographical features of city |
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Term
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Definition
Crime rates reflect community deterioration (disorder, poverty, alienation, disassociation, fear of crime), "Broken Window Theory" (abandoned, run-down buildings attract crime and violence," cross cultural research supports this
1) Lack of employment oppurtunities (undermines family strength)
2) Community Fear (residents retreat from street=more strangers)
3) Siege Mentality (outside world is enemy, mistrust authorities)
4) Population Turnover (lack of stability, reduces communication and information flow)
5) Community Change (more rentals and singles, devaluation of property, declining economic status)
6) Poverty Concentration (most disadvantaged concentrated in one area)
7) Weak Social Controls (lack of organizations to maintain control, unsupervised peer groups)
8) Decline in social altruism (no residents to teach one another about moral obligations, donations and volunteerism decreases)
Criticisms: most people that live in slums do not become criminals or deviants |
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Term
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Definition
social structures in society encourage people to commit crime. conflict and disparity among classes.
Emile Durkheim
Robert Merton |
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Term
Emile Durkheim's Theory of Anomie |
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Definition
humans are egoistic (need social control to regulate wants and behaviours), shared norms and values
famous work about suicide rates
functionalism
effect of social structure on behaviour
law regulates interactions in society, when regulation inadequate, social problems occur |
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Term
Robert Merton's Theory of Anomie |
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Definition
conlict and disparity between culturally specified goals and cultural means to achieve goals. goals vs means. conformity, innovation, ritualism, retreatism, rebellion. |
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Term
Criticisms of Anomie Theories |
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Definition
Applies to US
explains only among lower class
not all poor people turn to crime |
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Term
Institutional Anomie Theory |
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Definition
characterizes all of society - the north american dream. only money counts, success at all costs, job is more than family.
economic values dominant
other institutions have no power |
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Term
Relative Deprivation Theory |
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Definition
Judith and Peter Blau
sense of justice based on comparison
rich and poor live in close proximity
causes discontent
rich retreat to gated communities
criticisms: some people feel discontent but fail to join the movement. |
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Term
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Definition
micro theory explains individual experience of strain
crime is result of negative emotions caused by: failure to achieve goals, achievements not meeting expectations, loss of positive things, negative stimuli.
Crime results from continuous strain and few resources coping with strain.
Explains peaking of crime in adolescence. Women have lower crime rates, may be socialized to control, internalize stress. |
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Term
Cultural Deviance Theories |
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Definition
theory where conformity to lower class cultural norms will result in crime because lower class cultural norms are often in conflict with conventional social norms
Status Frustration and Delinquent Subcultures
Differential Opportunity |
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Term
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Definition
delinquent boys engage in destructive deviance because they can't measure up in middle-class school, they can get attention by breaking rules and they adopt their own rules in opposition to those of middle class (reaction formation) |
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Term
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Definition
Cloward and Ohlin
Illegitimate opportunities are not equally available to all.
Stable Criminal Subcultre = established criminal activities
conflict subculture = violent youth gangs, status in gang
Retreatist subculture = drugs, alcohol, skid row (double failures) |
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Term
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Definition
Criminality is a product of socialization
Must examine agents of socialization: family, school, religion, friends, institutional involvement and belief
3 kinds
Social Learning Theories
Social Control Theories
Labelling Theories |
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Term
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Definition
Differential Association
Neutralization Theory |
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Term
Differential Association Theory |
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Definition
Sutherland. Crime is function of learning. Introduced concept of white collar crime. Challenged stereotype of crime as a lower class phenomenon.
Criminal activities and skills and motives learned through interaction from significant others and peers.
Significant others will give favourable or unfavourable encouragement to do crime. Priority, frequency, duration, intensity important to determine how deviant
Research shows that deviant friends are particularily important in illegal drug behaviours
Recently cultivated friendships create greater deviant behaviours. |
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Term
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Definition
Sykes and Matza
Delinquency and Drift. People drift towards deviant behaviours.
Techniques of neutralization justify the deviance and paves way for further deviance
Subterranean values exist side by side with conventional values in the larger culture. (Good and bad values exist)
Techniques of Neutralization
1) Denial of responsibility
2) Denial of injury
3) Denial of victim
4) Condemnation of the condemners
5) Appeal to higher loyalties |
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Term
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Definition
Commitments, values, norms, beliefs discourage people to commit crime. Empirical research supports basic claims of social bond as protection against delinquency, especially family ties although some attachments encourage deviance.
Containment Theory
Bonding Theory
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Term
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Definition
Walter Reckless
answers question of how to avoid deviance
Everyone has the potential to commit deviant behaviour but internal pushes, external pressures and external pulls |
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Term
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Definition
Attachments, Beliefs, Commitments, Values |
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Term
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Definition
deviance is not a behaviour but how we respond to behaviour
social groups creat deviance by making rules
moral entrepreneurs work to have their ideas about deviance enshrined in law
law is differentially enforced based on social status and social distance
identifies the role of social control agents
focuses on social interactions
distinguishes between deviant acts and deviant careers
4 components
1) stigma
2) master status
3) degradation ceremony
4) primary and secondary deviance
Criticisms:
does not explain origins of criminal behaviour
limited range of behaviours |
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Term
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Definition
applied though degradation ceremonies (court ceremonies)
results in exclusion and reduced opportunity |
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Term
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Definition
Label that becomes basis of personal identity |
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Term
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Definition
Lemert.
Impulsive behaviour
everybody does deviant things from time to time
only a few are caught
those not caught go on to conventional lifestyles |
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Term
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Definition
describes subsequent behaviour of those who are caught
becomes a permanent feature of lifestyle
involves small number of people
Labelling is societal reaction which converts primary deviance into secondary deviance |
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Term
Social Construction of Deviance, Morality, and Crime |
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Definition
Public order crimes, mala prohibition crimes, moral entrepreneurs, paraphilias, fetishism, prostitution, pornography, drugs |
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Term
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Definition
victimless crimes or mala prohibitum (crimes that are wrong because that's the law)
2 views to legislating morality
consensus view - murder is wrong
conflict view - marijuana can be wrong |
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Term
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Definition
undertake "moral crusades to have their values incorporated into society.
demonize offender
encourage moral panics |
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Term
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Definition
abnormal sexual practices focused on, non-human objects, humiliation, torture, persons unable to consent, masochism (one's own pain for sexual pleasure)
may be criminal or non-criminal
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Term
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Definition
Sexual appeal to an inanimate object
2 types
form fetish - object and shape that are important (heels)
media fetish - material which object is made (silk)
Freud was first to describe concept
term arose from object having supernatural powers
Freud said result of childhood trauma
intense sexual arousal fantasies over 6 months
often cause significant distress |
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Term
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Definition
pedophilia - sexual feelings for children
ephebophilia - sexual feelings for 15- 19 year olds frotteurism - rubbing up against someone exhibitionism - exposing yourself in public Voyeurism - peeping tom
biastophilia - rape
lust murder - sexual satisfaction by killing someone
necrophilia - sex with dead person
zoosadism - sexual pleasure from cruelty to animals
zoophilia - sexually attracted to animals |
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Term
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Definition
sexually significant activity
economic transaction
emotional indifference
illegal
communication for purposes of prostitution
bawdy houses
transportation and procuring (obtaining prost. for someone else)
living off the avails
child prostitution |
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Term
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Definition
women were viewed as property of men
rape was offence against father or husband
rape diminished value of wife or daugther
long been associated with warfare
1983 was mad "illegal" to rape your wife
sexual assault common part of domestic violence
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Term
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Definition
guilty of indictable offence not exceeding 10 years
or
summary offence not exceeding 18 months
sexual interference - no one can touch someone under 16 sexually
invitation to sexual touching - no having a 16 year old touch someone else
sexual exploitation - position of trust can not abuse unless over 18
no sexual explointation for challenged person
anal intercourse is illegal if under 18 and not married
if under 16, illegal to expose genitals
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Term
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Definition
No means no legislation 1992
Rape shielf laws - protects victim from questions regarding sexual history. limited access to counselling records
corroboration (outside 3rd party evidence) no longer mandatory |
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Term
Types of Rapists ( Groth )
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Definition
Power Reassurance - low self esteem, doesn't want to hurt victim, loner, non-violent, fantasy, most common
Power Assertive - athletic, dominating, extreme sense of superiority and entitlement, doesn't care about victim
Anger Retaliatory - out to hurt someone, blames problems in his life on women, wants to punish and degrade women
Anger Excitation - wants to rape, torture and kill, lots of planning, often has family, 30 - 35
Opportunistic - waits for opportunities |
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Term
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Definition
Situational - does not prefer children but offends under certain circumstances (regressed, naive,)
Preferential - true sexual interest in children (mysoped - strangers or fixated - never grown up) |
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Term
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Definition
Evolutionary/Biological
Male socialization
mental illness
social learning and pornography
sexual motivation |
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Term
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Definition
Life History
Criminal History
Actuarial Scales
Review of Reports
Psychometric Testing
Interview with relevant informants
Plethysmorgraph
Treatment is very helpful |
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Term
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Definition
War, capital punishment, self-defence, euthanasia, abortion
First Degree
Second Degree
Manslaughter
Infanticide |
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Term
Factors Influencing Homicide Rate Changes |
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Definition
frustration: frustration increases violence
personal traits: brain injuries, mental illness, psychotic
family dysfunction: fam violence, abuse, inconsistent discipline
Drugs: increased aggression, trafficking creates disputes, addiction can lead to potential homicide |
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Term
Macro Factors in Violence |
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Definition
Demographics: rapid change causes chaos. Economic shift can create unemployment and unequality
Culture: culture of violence found in specific areas.
Social Disorganization: crappy neighbourhoods more violence, less community inclusion, gangs
Drugs:
Gangs: violence demonstrates membership
Firearms: easy for suicide, murder, accident
Economic: |
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Term
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Definition
Aging population
Policing
Punishment/Incarceration
Civilizing Process: molded by social attitudes. People become polite, shameful of actions
Bureaucratization: adding more controls and checks so people are unable to commit crime
Elite Convergence: reduction of dispersion of levels of income across society
Homicide Clearance
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Term
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Definition
High rates of inequality
weak welfare (lack of healthcare)
history of slavery
history of violence
legacy of guns
high level of drug consumption
capital punishment
high number of gang membership
high involvement in military conflicts
high incarceration rates |
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Term
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Definition
bc has lowest clearance rate.
more unsolved murders than the past.
gang homicides/group homicides hard to clear
new technologies help crack old cases.
work load of police
legal changes |
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Term
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Definition
- Visionary- These killers suffer from mental illness, think that someone is telling them to kill someone for some odd reason, they suffer from hearing voices that help guide them to kill people. Example Ed Gain.
- Mission-orientated- targets a certain group or type of people. Example The Unabomber
- Hedonistic- They get a thrill out of killing, they do it searching for fun! Example, hill side stranglers
- Power/control orientated- Asserts control, have the largest number of victims as the whole. They control the life and death of the individual.
- Comfort Killers- Material gains from the homicide. Examples; murder for hire people. Example; the Ice man, loved killing people, killed people for sport type of belief.
- Discipline- Following someone else, helping someone else in the homicide itself. Example the wife helping and sometimes participating in the homicide with the husband.
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Term
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Definition
- Family annihilation- one family member killing the rest of the family. Family comprises both the victims and perpetrators, can be murder-suicide
- Pseudo-commando- Example Columbine or snipers. Fascinated with firearms, really big into planning, huge plan of how it will go down.
- Disgruntled employee- “going postal” Where you feel wronged at the workplace and coming back to open fire on workplace/employees and employers.
- Discipline- Charlie Manson, and the Manson girls. Charismatic leader, and have followers who do the killing.
- Set-and-run- the killer is absent from the scene when the killing happens. Like bombs or poison.
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Term
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Definition
- Localized- Street level gangs, formed and focused on one general area. Often formed as an informal youth gang and developed. Example; FOB, Ogden Boys etc.
- Regional- Across different regions of Canada, most are ethnic based, such as indian posse or red alert.
- National- Gangs that have ties right across Canada, such as the Hells Angels.
- Transnational- These are the large very developed and organized gangs, they are worldwide. MS-13, Triades and Hells Angels are a few.
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Term
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Definition
- Prison- gangs that are established in prison, usually by ethnic or racial backgrounds. Keep each other safe in prison and make ties outside of prison.
- Youth- Small street level gangs that aren’t very developed that are full of youth.
- Outlaw Motor cycle- Organizations like the Hell’s Angels that ride around on motorcycles having a good time. Typically older, more established lots of money and looking for a good time and brawls.
- Ethnic- Different racial orientated gangs, have the latino gangs, indian gangs, ect.
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Term
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Definition
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Term
Gang Suppression (Enforcement) |
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Definition
Calgary has a gang suppression unit that monitors gang members in bars, restaurants and night clubs who escort these members off of the premise. Don’t allow the gang members in them to avoid conflict and keep them from having a good time and spending the money they are making. Approaches the theory of deterrence to keep |
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Term
Gang Disruption (comunity life skills development) |
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Definition
this is to help bring awareness to youth that the gang life isn’t a good life to live. It isn’t all glamor and the gang disruption program highlights the negatives surrounding the gang life. Focuses on developing youth’s community life skills. |
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Term
Traditional organized crime (sicilian mafia/yakusan) |
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Definition
gangs who have been around for twenty or more years, and keep generating themselves. They have a wide age range typically 9 to 10 years, number 100 or more members, are very territorial and have several internal cliques based on age or area. Have family values and very close. |
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Term
Modern Organized Crime (Mexican Mafia/MS13) |
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Definition
They are typically large gangs, with a wide range of age disparity. Use the Internet, planes as well as other technologies to transport drugs and money. Engaged in capitalism, as they want to make as much money as possible. |
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Term
Transition from gang to transantional Criminal Organization |
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Definition
usually formed out of localized gangs and grew internationally. They start small and are very active in recruiting and making money; soon they continue growing and spread their roots nation wide then ultimately run the drug trade in one nation and start trading globally. |
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Term
Drugs, Firearms, Economics |
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Definition
Drugs- one of the many root causes in gang life, distribution of drugs can create money for the members as well allow the members to have a good time while racking in the cash!
Firearms- Firearms are a means of protection for the gang members, can use them to protect one another, drugs or money.
Economics- The economics of the gang life is to make money and live the high life! |
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Term
Prisons as Incubators for Gangs |
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Definition
gangs like MS-13 start off in a gang, they are extremely pissed off at the government and the system, find other people who are pissed off and join an alliance and once out of jail or even from in jail control other like minded people and get back at the system. Start dealing drugs to make money and cause violence to get back at the system. |
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Term
Poverty as a Force Causing Youth to Join Gangs |
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Definition
when a youth comes from a poverty ridden home, they are more likely to join the gang life to make money and pursue the American dream by selling drugs and other illegitimate activities. |
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Term
What constitutes "organized crime" under Canadian law? |
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Definition
Under sec 467.1 of the Canadian criminal code an organized crime group is a group of three or more people working together and committing illegal activities. |
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Term
Transnational Investigations |
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Definition
Very hard to create transnational investigations because different countries have different laws. |
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Term
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Definition
Interpol- every country has their own section of Interpol, that they enter their problems and crime. When a country needs information about a person in another country, their Interpol sends a request to the head quarters in France and they communicate the messages between federal agencies around the world.
Europol- European law enforcement agency which goal is to make Europe and the European union a safer place by assisting members of the European Union in serious international crime and terrorism.
Frontex- big policing section in France that monitors the boarders on the European Union, they offer training to the law enforcement agencies in European union’s boarder patrols. |
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Term
Narcotics, Human and Weapons Trafficking |
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Definition
Narcotics, Human and Weapons Trafficking- these are the three more predominant crimes done by transnational crime groups. |
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Term
Evolution of Organized Crime |
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Definition
Evolution of Organized Crime- For example Mafia, they started off small scale just as a family matter, then grow to be a large globally recognized crime group. |
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Term
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Definition
- Nationalistic Terrorist groups- These terrorists primarily seek changes in territories or boundaries related to desired independence and/or new political identities. Seeks to promote the interests of the minority groups. Example, IRA in Northern Ireland, EOKA in Cyprus and ETA group in the Basque area of Spain.
- Revolutionary terrorist groups- primarily wishes to alter fundamental political and social relationships and governance within an existing state. Ultimate goal is the replace the state. Invoke fear into those in power. These groups wish to overthrow the existing government and replace it with a structure sympathetic to the oppressed masses. Example, red brigade in Italy, or Tupamaros of Uruguay.
- Political Terrorist groups- generally seek to defend existing power relationships and inequalities or return to previous status quo, they have political terrorism directed at people or groups considered to be the outsiders. This category includes groups such as the Ku Klux Klan (KKK) in the United states, neo-Nazi groups in Germany or loyalist groups in Northern Ireland.
- Religious Terrorists groups- (From book) Extreme religious beliefs have strongly shaped the context of terrorism in recent years. In groups like the PLO and the Irish Republican Army, religious affiliation is evident but it is the groups’ political and ethno-nationalist goals that are prominent.
- Non Political Terrorism- groups with particular social or religious causes. Such as anti-abortion groups or animal rights groups.
- State Sponsored Terrorism- Repressive regimes, death squads, uses police to kill those deemed as a threat. Structural terrorism in the form of genocide. Example, Nazis.
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Term
Organized Crime vs. Terrorism |
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Definition
Terrorism looks at attacking a certain population according to their social and political goals. Organized crime groups look at making money globally but will fight to do so, organized crime uses means like; trafficking humans, weapons or drugs to make money. Terrorists look to get their message across and make a difference. Terrorism- ideologies, criminals- money. |
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Term
Evolution of Contemporary Terrorism |
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Definition
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Term
Marxist based terrorist groups |
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Definition
Red Brigades, Red Army Faction, USSR, China, N. Korea |
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Term
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Definition
The response of 9/11 and the invasion of Afghanistan. Poverty is a large issue in the terrorist regions. |
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Term
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Definition
counter-terrorism action group (CTAG) promotes counterterrorism by prioritizing needs and targeting assistance to expand counterterrorism capacity in recipient counties. Also encourages all countries to meet their obligations under Resolution 1373 of the United Nations Security Council and the thirteen international counterterrorism conventions and protocols. |
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Term
Poverty as a force causing terrorism membership |
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Definition
When someone living in poverty is offered money to join and partake in particular terrorist activities they are more likely to do so in order to feed their families and to make money. |
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Term
Definition (lack thereof) of terrorism |
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Definition
It’s extremely difficult to make a definition for terrorism because there are a lot of opposing views and a lot of different countries do no agree to one universal definition of terrorism. Each country with terrorists has a different view of what they see terrorist organizations. It’s hard to find on universal definition because of the disparity between countries. |
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Term
International Crime Court |
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Definition
The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.
Eurojust- This is the European union court, one court for the European union crimes.
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Term
Anti-Terrorism Act/THE PATRIOT ACT |
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Definition
The US Patriot Act means “Uniting and Strengthening America by Providing Appropriate Tools Requires to Intercept and Obstruct Terrorism.” This act made it easier for the FBI to conduct secret searches, monitor phone calls and emails and to obtain bank records and other personal documents in connection to terrorism investigations. Gives the FBI unlimited access to peoples information who are believed to be terrorists. As well there would not be an criminal or civil legal action given to persons who degrade or humiliate the detainees. Gave the FBI complete free-rein to capture believed terrorists. |
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Term
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Definition
"(1) UNLAWFUL ENEMY COMBATANT.--(A) The term 'unlawful enemy combatant' means-- "(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or "(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense. |
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