115 terms

DD301 Crime and Justice

STUDY
PLAY
punitiveness
a concern with or the infliction of punishment
incapacitation
Preventing (rather than merely deterring) future offending. E.g. imprisonment, chopping off hands or death.
DD301 three themes
power; harm and violence; local and global relations
Four justifications or rationales for punishment
1) Punishment can be deserved.
2) Instrumental: the threat of punishment will deter future criminality.
3) Symbolic function as a means of disapproval.
4) Rehabilitation.
retributive model of justice
Generally, most criminal justice systems in developed countries are based on a retributive model. Sanctions include fines, community penalties, imprisonment and, in some jurisdictions, capital punishment.
common sense
The popular wisdom of the day; the taken-for-granted, the 'taken for granted', 'what everyone knows' story.

(OpenLearn 'The meaning of Crime')
respectable fears
The middle-aged look back nostalgically on the early years of their lives as golden ages of morality, contrasting it with the moral degeneracy of the younger generation.

(Geoffrey Pearson, Hooligan, 1983)
demoralisation and fragmentation
A sense of a decline in the solidity of social structures and of shared morality and values. That the law enforcement agencies of the era are increasingly impotent and powerless to defend the people and their property from the waves of crime and unrest by the criminal hordes.
moral panic
When some thing or some people become identified as a threat to society, there is a moral stand from upright people, the target is 'othered', solutions are sought.

(Stanley Cohen, 1973)
Cohen, 1973
Who said and when?
Moral panic.
When something or some people become identified as a threat to society, there is a moral stand from upright people, the target is 'othered' and solutions are sought.
Book 1, chapter 2, page 47
deviancy amplification spiral
Moral panic causes outrage causes a heavy response, which provides more evidence, which increases public concern, which increases the response further, and so on.

(Stanley Cohen, 1970s)
criminology
The study of crime, criminals and criminality.
collective agency
Groups acting as agents, e.g. governments, unions, armies.
participant observation
A social science research method of observation at close quarters and, possibly, participating in routine activities.
deviant labels
Idealogical formulations which carry 'common sense' versions of the truth; inaccurate simplified, stereotypical representations of the truth.
carceral society
From the Latin for prison, 'carcer', it is 'the prison-like society': surveillance as in prison is extended into society. Panopticism.
immiseration
To be made miserable or sunk into poverty, especially an entire population
white-collar crime
Any crime committed by an employee who holds a workplace position of authority or trust
culpable
Deserving of blame or censure as being wrong, evil, improper or injurious.
(Dictionary definition)
corporate crime
Any illegal act from deliberate decision making, or from culpable negligence, within a formal legitimate organisation.
state crime
Criminality by a state or government to achieve domestic or foreign aims. Four main categories:
- political criminality (e.g. corruption, intimidation, censorship);
- security and policing criminality (e.g. war-making, genocide, torture, terrorism);
- economic criminality (e.g. monopolization, health and safety violations, collaboration with multi-national corporations);
- cultural and societal criminality (e.g. immiseration of part of the populace, institutional racism, cultural vandalism).
Four main categories of state crime
- political criminality (e.g. corruption, intimidation, censorship);
- security and policing criminality (e.g. war-making, genocide, torture, terrorism);
- economic criminality (e.g. monopolization, health and safety violations, collaboration with multi-national corporations);
- cultural and societal criminality (e.g. immiseration of part of the populace, institutional racism, cultural vandalism).
hate crime
A criminal act motivated by hatred, bias or prejudice against a person or property based on actual or perceived race, ethnicity, sex, religion or sexual orientation of the victim.
iatrogenic addiction
Addiction to a doctor-prescribed medicine.
dependency
Needing a substance to prevent withdrawal effects. Different from addiction.
addiction
When one's life is ruled by the desire for substance. Different from dependency.
globalisation
Everything becoming the same around the world, courtesy of capitalism.
harm
Bad things happening to society, institutions or people, whether intentional or not. Broader than just 'crime'.
localisation
The opposite of globalisation. Local solutions to local problems. Also, infers global changes require local modification for implementation.
power
Constraint in human behaviour because of unequal authority. Can be by consensus.
violence
My definition: physical or mental harm to possessions.
Definition: 'an act which threatens a person's physical or psychological integrity' book 1 p. 20.
Typically considered only within the context of 'crime' but can be much more broad.
concept
A broad principal or idea which varies by culture. It affects how people will understand or react to something; different cultures may react differently.
theory
An attempt to explain a fact or trend in society which may be based upon empirical evidence. To be plausible, it must explain facts. There may be many of these things and they may contradict or complement one another.
mens rea
Latin legal term meaning the perpetrator must have 'criminal intent'.
actus reus
Latin term meaning the perpetrator must have 'acted voluntarily'.
crime
Acts that have been legislated against and are punished as specified in a nation's laws.
Varies by society, so the definition can always be contested.
(DD301 glossary definition)
criminalisation
The institutionalised process whereby certain acts or behaviours are labelled as crimes.
(DD301 glossary definition)
demonisation
Applying negative or pathological labels. E.g. calling children 'feral' or 'evil'.
labelling
How certain individuals or groups categorise the behaviour of others.
(DD301 glossary definition)
positivist science
A 19th century theoretical approach arguing social relations can be studied scientifically to identify, explain and predict social behaviour.
(DD301 glossary definition)
positivist criminologies
Late 19th century approaches to analysing criminality and populations of criminals using biology, psychology and sociology to seek causes of crime outside the individual's control. By identifying internal biological, internal psychological or external sociological causes , solutions could be identified.
(DD301 glossary definition)
risk factors
Characteristics - such as large family size, having criminal parents, suffering abuse - that research suggests will increase the likelihood of offending.
(DD301 glossary definition)
social constructionism
This card on 'social constructionism' is potentially wrong.
The study of how social constructs are formed.
Values are formed as heuristics from seeing how other people react to behaviours. These values are taken on without knowing where or why the witnessed behaviours came about. As people take these values on, so 'common sense' is formed.
cybercrime
Illegal acts facilitated by the Internet
deviance
A sociology term from the 1930s to describe anyone or anything that differs from 'normal'. Includes behaviour, mental and physical ability, drug abuse, rebellion, ethics and expectations.
social exclusion
Being partly or fully prevented from accessing one or more social systems (social, economic, political or cultural) that permit integration.
hegemonic
Dictionary: Adjective. Of the leadership or supreme.
Social science: a term for that which is dominant culturally.
hegemony
Dictionary: Noun: leadership or dominance.
Social science: a state of something having dominance.
Export Processing Zone
A region of a country set aside from tax requirements or regulatory constraints to attract businesses.
extraordinary rendition
The practice by which non-torturing states outsource their requirements to states that do practice torture. (DD301 web site.)
techniques of neutralisation
Stages of denial and justification by means of which states or regimes seek to repress or cover up their wrongdoing. There are five stages:
1. denial of injury
2. denial of victim
3. denial of responsibility
4. condemnation of the condemners
5. appeal to a higher loyalty
segregation
The various ways in which people and places are separated according to systems of classification or differentiation, such as apartheid and 'race', affluence and wealth.
(DD301 glossary definition)
commodification
A term which usually refers to the placing of a monetary or market value on something which was previously assumed to constitute public or private 'goods'.
As an example, feminists argue that the female body is used in marketing campaigns and 'sold' in various ways which serve to demean women.
Pyrrhic defeat theory
Jeffrey Reiman refers to this theory as an 'upside-down idea' of criminal justice with these three central aspects:

1 Criminal justice serves the powerful by its failure.

2 The public are told the poor are the criminals, despite the greatest harms coming from the rich.

3 Crime must never be eliminated, thereby staying in a perpetual crisis. The results in the same 'problem populations'.
crime control values
One of the two normative models of criminal justice proposed by Herbert Packer:

- Criminal acts are major threats to the social order and the repression is the most important function of criminal justice.
- High rates of apprehension and conviction are required.
- 'Assembly line justice'.
due process values
One of the two normative models of criminal justice proposed by Herbert Packer:

- Protecting the individual from unjust acts committed by the state.
- Foregrounds procedural safeguards such as presumption of innocence, transparency and appeals.
- 'Obstacle course justice'.
normative models of criminal justice
The two --- -- - --- -- proposed by Herbert Packer are:
crime control values
due process values
Portia
Frances Heidensohn put forward a 'female' (or feminist) conception of justice based on two competing models. This is one:

Based on values of rationality and individualism and stresses rights and due process. Driven by masculine imperatives.
Persephone
Frances Heidensohn put forward a 'female' (or feminist) conception of justice based on two competing models. This is one:

A system where male control of power and resources can begin to be challenged. Based on values of care and the personal. Stresses informality and reparation.
classical school
An approach to the study of crime and criminality that is underpinned by the notion of rational action and free will, developed in the late eighteenth and early nineteenth century by reformers who aimed to create a clear and legitimate criminal justice system based upon equality.

At its core is the idea that punishment should be proportionate to the criminal act and should be viewed as a deterrent.

Further assumptions include the notion of individual choice within a consensual society based upon a social contract and the common interest.
impunity
Exemption from punishment, penalty, or harm. (dictionary definition)
Net-widening
The process whereby attempts to prevent crime inadvertently draw more subjects into the criminal justice system.
Reparation
A strategy employed in the criminal justice system whereby an offender pays compensation to, or acknowledges their wrongdoing in the presence of, the victim.
Restoration
A philosophy and practice of bringing offenders, victims and communities together in order to repair harms, reconcile conflicts and heal rifts.
Shaming
A mode of punishment stigmatising deviant individuals or groups that turns them into identifiable outcasts, either on a temporary or permanent basis. May take both disintegrative and reintegrative forms.
Disintegrative shaming
A form of shaming that can lead to vindictive exclusion, degradation or public disgrace (as in some naming and shaming campaigns).
Reintegrative shaming
A form of shaming that is designed to bring the offender back into the community by encouraging their acknowledgement of - and apology for - the harms committed (as in some forms of restorative justice).
Toleration
The acknowledgement that non-intervention may be less socially damaging than repression.
Zones in transition
Run-down parts of an inner-city that, while the population changes, produce stable patterns of delinquency.
Hidden figure of crime
Can be the specific criminal acts that are not included in official statistics.

Can be categories of crime that are under-recorded or even ignored.

Also called 'invisible crime'.
Invisible crime
Can be the specific criminal acts that are not included in official statistics.

Can be categories of crime that are under-recorded or even ignored.

Also called 'hidden figure of crime'.
crimes against humanity
As defined by The International Military Tribunal at Nuremberg:
"murder, extermination, enslavement or deportation, and other inhumane acts committed against any civilian population, before or during the war or persecutions on political, racial or religious grounds in the execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country in question".
denial
The way individuals, groups or states cover up information or evade its consequences.
abolitionism
A sociological and political perspective which sees imprisonment and the criminal justice system as part of the problem and not the solution to crime or its impact. Its supporters believe a radical overhaul and replacement is required.
crime control model
- -- model
A model where the primary function of criminal justice is to uphold law and order.
due process model
- -- model
A model where the primary function of criminal justice is to protect civil liberties.
deterrence
A punishment philosophy which intends to show citizens and reasoning criminals that the punishment will make the crime not worthwhile and thereby prevent crime.
Just Deserts
The idea that proportionality, due process and non-discretional decision making should be used in criminal justice to ensure the punishment matches the crime.
rehabilitation
Reforming offenders through retraining or re-education.
retribution
The idea that criminals should be punished out of vengeance
policy transfer
The process whereby the discourse and due process of one country flows to others, and is translated and reconfigured by them.
punitive turn
An extension of the punishment that uses intolerance and vindictive infliction of pain.
responsibilisation
A strategy for:
holding offenders responsible for their crime
and
encouraging communities to be more active in crime control.
zero tolerance
Intensive community policing targeting minor offences assuming this will prevent more serious offences.
Pioneered in New York in the 1990s.
community justice
A term covering a range of conflict resolution strategies, usually associated with informal and restorative justice.
indigenous justice
Rather that rely on the law, priority is given to the offender, victim and local community to heal and rebuild relationships. Can have coercive outcomes.
informal justice
An umbrella term for a variety of initiatives intended to overcome the limitations of formal criminal justice processes or even replace the criminal justice system.
net-widening
The inadvertent effect whereby attempts to prevent crime actually draws more people into the criminal justice system.
Michael & Adler, 1933
Who said and when?
Crime is a violation of the law.
"Black letter crime".
Book 1, page 4, (1)
Tappan, 1947
Who said and when?
Crime is an intentional act in violation of criminal law, committed without defence or excuse, and penalised by the state.
Book 1, page 4, (2)
Muncie, Talbot & Walters, 2010
Who said and when?
Because criminal law is written to focus on specific behaviours, the criminal justice system focuses on individuals who offend, thereby disregarding state or corporate crime. That is how criminal law individualises crime.
Book 1, page 5, (3)
Muncie, Talbot & Walters, 2010
Who said and when?
Conceptions of crime are both culturally and historically specific.
Crime is contested and changeable.
Crime is a social construct.
Book 1, page 7, (4)
Muncie, Talbot & Walters, 2010
Who said and when?
People's perception defines crime.
A behaviour is not inherently criminal. It is people's perception and evaluation of that behaviour that determines what crime is.
Book 1, page 13, (4.5)
Becker, 1963
Who said and when?
Deviancy labelling.
A deviant is someone who has been successfully labelled as deviant. There are not deviant people who exhibit deviant characteristics: instead some people label some behaviours as deviant then label people who exhibit those behaviours as deviants.
Book 1, pages 13-4, (5)
Reiman, 2007
Who said and when?
Pyrrhic Defeat Theory.
Book: "The Rich Get Richer and the Poor Get Prison".
The aim of criminal justice is to maintain a public image of the perpetual threat of crime from particular sections of society. In this way it serves the powerful.
1. Criminal justice serves the powerful by its failure.
2. The public are told the poor are the criminals despite the greatest harms coming from the rich.
3. Crime must never be eliminated, thereby maintaining a perpetual crisis. This results in ongoing 'problem populations'.
Book 1, page 15, (6)
Quinney, 1970
Who said and when?
Crime is defined by those with the power to dictate public policy as a political process.
Book 1, page 15, (7)
de Haan, 1990
Who said and when?
Crime is an ideological concept that justifies inequality.
It distracts public attention from more serious problems, harms and injustices.
Book 1, page 15, (8)
Whyte, 2009
Who said and when?
Businesses and government make criminal law to protect themselves and their property.
Book 1, page 19, (9)
Hillyard & Tombs, 2007
Who said and when?
The social harm approach.
Using social harm as a measure of justice rather than the narrower legal definition of crime allows for consideration of injustices and inequalities caused by corporates and governments.
Book 1, page 19, (10)
Muncie, Talbot & Walters, 2010
Who said and when?
Harms of equal severity are treated differently and this is a product of inequalities of power.
Book 1, page 21, (11)
Muncie, 2001
Who said and when?
A conception of crime without a conception of power is meaningless.
Book 1, page 31, (12)
Hillyard & Tombs, 2007
Who said and when?
Many criminal incidents that take up most of the time of the criminal justice system are minor events that would score low on a scale of harm.
Yet the risk of workplace injury and avoidable disease far exceeds even the risk of serious crime.
Book 1, page 31, (13)
Drake, Muncie & Westmarland, 2010
Who said and when?
The concept of justice defies straightforward definition. It means different things to different people.
Book 2, page 3
Drake, Muncie & Westmarland, 2010
Who said and when?
Criminal justice - which is delivered after crime has occurred - is not an effective crime prevention tool.
Book 2, page 3.
Packer, 1968
Who said and when?
Two normative models of criminal justice:
- in a crime control model the primary function of criminal justice is to uphold law and order;
- in a due process model the primary function of criminal justice is to protect civil liberties.
Book 2, page 14.
Drake, Muncie & Westmarland, 2010
Who said and when?
Orthodox crime control strategies are not designed to recognise the crimes of the powerful and state crimes.
Book 2, page 27.
Christie, 2000
Who said and when?
Crime control has become a global industry controlled by multinational interests. It is more committed to developing its core business than reducing crime.
Book 2, page 27.
Drake, Muncie & Westmarland, 2010
Who said and when?
Justice is a social construct.
The constitution of justice in general, and of criminal justice in particular, often depends on considerations of time and place. What is seen as just or unjust differs across historical and social contexts.
Book 2, pages 31-2.
Tombs & Whyte, 2001
Who said and when?
Corporate crime is represented more factually and in the sanitising language of fraud, food scares, drugs scandals, chemical or oil spills, accidents at work, tragedies at sea and financial irregularities rather than the sensationalist language of 'real' crimes such as theft, murder, violence and poisoning.
Book 1, page 153.
Tombs & Whyte, 2010
Who said and when?
Corporations influence definitions of crime, processes of criminalisation and the nature of regulation. The level of regulation is an effect of the distribution of power.
Book 1, page 159.
Tombs & Whyte, 1998
Who said and when?
State interventions to protect consumers and workers are described as 'burdens on business' and 'red tape' and construed as counterproductive to prosperity in that they repel prospective investors or force existing businesses to relocate elsewhere.
Book 1, page 163.
Tombs & Whyte, 2010
Who said and when?
A key defining characteristic of 'power' is the ability to operate with the least possibility of being called to account.
Book 1, page 166.
State crime
Violations of human rights perpetrated by agents of the state in the deviant pursuit of organisational goals.
Green & Ward, 2004.
Green & Ward, 2004
Who said and when?
State crime: 'violations of human rights perpetrated by agents of the state in the deviant pursuit of organisation goals'.
Book 1, page 215.
Mehigan, Walters & Westmarland, 2010
Who said and when?
The excesses of globalisation have created 'crises of modernity' in which human rights continue to be compromised and abused.
Book 2, page 247.