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PICT103 Complete Lecture Notes 2018

Introduction to Criminology (Macquarie University)

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PICT103 INTRODUCTION TO
CRIMINOLOGY
● Vary according to jurisdicion and
Lecture 1 change across ime – “no uniform
or agreed approach to the types of
What is crime? behaviours ideniied as crimes
Certain behaviours in certain points in either now or throughout modern
ime are to be deemed criminal history” (Warren 2012:5)
Unethical and unlawful ● Ignores someimes very serious,
dangerous and harmful aciviies
What causes crime? ● Focuses on street-level crimes
Social factors – poverty, mental health, rather than corporate/white collar
the environment ofences which are handles under
civil (rather than criminal) law
What can we do about it? ● Does not adequately address
Mandatory sentencing etc. = policies used state-sancioned crimes (eg.
by poliicians to solve crime problems Genocide, torture, war crimes etc)
As criminologists we want to challenge
what works and what doesn’t work Harm based deiniions
● Used by sociologists and
Not all violence is crime eg. War, al, criminologists as an alternaive to
boxing etc. legal deiniions
● Involve assessing the harm or
Legal Deiniions of crime: damage caused by diferent acts or
Crime is “simple what the law says it is” behaviours
(White 2012:3) ● Capture a wider range of ‘crimes’
Behaviour that violates criminal law as including those that fall outside
deined by the state (ie. Federal or state legal deiniions
governments) ● Can form the basis for social
Atracts state sancion (eg. Fines or a movements that challenge oicial
prison sentence) deiniions of crime
Enforced by state agencies (eg. State Can measure harm eg. A pile of bodies
police forces, federal agencies, AFP, Looking at harm as a deiniion of crime
Border Force etc) can help us

Laws change over ime eg. Child labour Human rights deiniions
and slavery (clear examples of things that ● Minimum standards set out by the
were legal which are no longer legal now) UN regarding acceptable
treatment of people
Laws vary between jurisdicions – norms o Take them as a baseline,
and social values, diferent laws eg. Death universally accepted
penalty in US, medical cannabis ● Not legally enforceable – although
appeals can be made to
Legal deiniions – problems internaional courts (ICC, regional
tribunals etc)

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PICT103 INTRODUCTION TO
CRIMINOLOGY
o Not much they can do. Eg determined whether or not a crime has
Syria occurred
● Decided in court rooms,
● Provide a basis for challenging arbitraion etc.
state acivity/inacivity and adding
external pressure to states We need a strong rule of law with strong
● Useful in highlighing state crimes enforcement and a jusice system to
interpret the law
Criminalisaion – from deviant acts to
crimes Criminalisaion in pracice
In the irst instance there is no crime – The determinaion is dependant on a
there are only behaviours or acts range of variables, including:
To become an ofence, an act must irst ● Circumstances and perceived
be labelled as deviant and consituing seriousness of the ofence
some level of threat to society (moral or ● Idenity of the paries involved
physical) ● Alitude of the vicim(s)
Pressure is placed on poliicians by various ● Discreion of the invesigaing
groups to act authoriies (police, prosecutors,
The state must then formally deine the magistrates, etc)
ofence and pass legislaion against it ● ‘Performance’ of alleged ofender
and legal counsel in court
From acts to crimes and back again… ● determinaion of the jury
Newly criminalised acts include: ● other external factors (eg. Poliical
● Stalking – amendment to the NSW climate, media inluence etc)
Crimes Act in 1994
● Cybercrime – Commonwealth Criminalisaion – summary
Cybercrime Act 2001 ● criminalisaion is a complex,
● Crimes (Criminal Organisaions contested, and muli state process
Control) Act (AKA ‘Bikie Laws’) o a lot of factors involved
2009-2011 ● diferent interest groups advocate
Ofences can also be decriminalised: for and against changes to criminal
● Sex work – amendment to the law
NSW Crimes Act in 1988 ● these produce changes that relect
● Homosexual sex – amendment to the prioriies of interested paries
the NSW Crimes Act in 1984 and poliicians – these may also
● Tasmania – not unil 1997 generate signiicant opposiion or
division
Criminalisaion in pracice ● laws should therefore be seen “not
Laws not only need to be legislated, they as consensual ‘givens’, but as sites
must also be enforced by the criminal of negoiaion and dispute
jusice system (Muncie 2008:13)
Only ater considering the context of the ● this process can result in
event (who was involved, what were the inequitable, discriminatory or
various paries doing etc) can it be otherwise problemaic outcomes

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PICT103 INTRODUCTION TO
CRIMINOLOGY
for people from suspect or ● police use of irearms, tasers etc
marginalised communiies ● locaion and ime of ofence
● convicion/clearance rates
● ofender informaion
● vicim informaion
● imprisonment informaion
Lecture 2
Why do we measure crime?
New law = new crime ● helps us allocate resources
● ‘Carly’s Law’ agreed upon by ● and how criminal acivity behaves
government, opposiion and ● to develop policy
crossbenchers ● how good or bad are current levels
● new ofence for adults who lie of crime?
about their ages when ● what are the risks?
communicaing with children ● is crime geing beter or worse?
● followed public outcry ater the ● is the criminal jusice system
murder of 15 year old Carly Ryan working efecively?
by a 50 year old man ● are speciic policies working?
● Public campaign, with peiion ● do we need to do more?
with more than 93,000 signatures ● what areas need more atenion?
● criminalised online pedophilic
behaviour Measurements of crime should help
inform public debate about crime and
Where do oicial crime stats come from? criminal jusice policy debate of crime
● Staisical informaion is recorded
at all stages of the criminal jusice Publishers of oicial crime stats:
system - 3 C’s: Oicial crime stats are analysed and
○ Cops published by a range of government
○ courts agencies:
○ correcions ● Australian Insitute of criminology
● Also supporing agencies eg. ● ABS
Department of Human Services, ● NSW Bureau of Crime Staisics
Department of Health, Tax Oice, (BOCSAR)
local councils - they collect ● Western Australia Crime Research
informaion Centre
● Australian Bureau of Staisics - ● South Australia Oice of Crime
Crime Vicim Surveys (collect Staisics
surveys)
● NGOS - domesic violence (at state Examining the numbers
and local levels) Look at:

Diferent types of oicial stats ● rates of crime rather than absolute


● emergency calls/police dispatches numbers - need to compare
● type of ofence ‘apples with apples’
● arrest rates

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PICT103 INTRODUCTION TO
CRIMINOLOGY
● prevalence - how common is the ● they don’t trust the police
ofence to begin with? if it is low ● too minor or inconsequenial to
then small variaions can have a bother
disproporionate impact ● do not know they are vicims
What ime period are we examining? ● no wish for ofender to be
punished
What afects crime staisics? ● involvement with crime
● change in law - criminalisaion
● recording pracices Quesion the stats! Always!
● policing strategies - blitzes, Before inferring any changes to the crime
targeted ofences etc rate, always consider:
● improvements in crime detecion ● what other factors may be
technology eg. speed cameras involved
● displacement ● are ‘changes’ consistent with data
from other sources?
What else afects crime staisics? ● is the prevalence high enough?
Changes to society: ● what ime periods are being
● eg. changes in terrorism ofences covered?
in the last ten years ● what crimes aren’t we looking at
● shit in public prioriies/sensiivity
● high proile crimes - ‘signal crimes’ Cooking the books…
- local laws (policy changes Law enforcement agencies oten
afecing eg. one punch) misrepresent crime igures
● increased media reporing ● cuing - reclassifying or
● public awareness campaigns downgrading ofences
● aitudes to police ● nodding - geing ofenders to
admit to crimes they have not
The dark igure of crime commited
● “hidden crimes which are ● skewing - tackling measurable and
experiences by the public but not easy to solve crimes (pety crimes)
recorded in oicial crime staisics” ● sitching - proceeding with a
● most crime is not recorded by charge despite lack of evidence
police eg. domesic violence,
sexual assault, graii, (can be as Silk Road
high as 90% depending on type of ● darknet ‘cryptomarket’ closed
ofence down by the FBI in late 2013
● the dark igure of crime results ● claimed value of traic through
○ under-reporing the site was 1.2 billion USD
○ under-recording ● igures blatantly misrepresented
by law enforcement and media -
Why do people not report crime? why?

● embarrassment
● fear ● another example of how drug
● cultural barriers enforcement oten relies on

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PICT103 INTRODUCTION TO
CRIMINOLOGY
inlated igures and highly
misleading ‘street values’ Crime as ‘infotainment’
● 20th century - rise of sensaionalist
Lies, damned lies...and staisics newspaper tabloids, magazines &
The news media and poliicians are TV
undoubtedly the worst ofenders ● portrayed as being commited by
Crime staisics commonly: ‘bad’ people on ‘good/innocent’
● misrepresented vicims
● de-contextualised ● strict enforcement as the soluion
● ‘simpliied’ to crime - instead of addressing
● icionalised social causes (eg. poverty)
● create fear and misunderstanding ● broken window policy - late 20th
amongst the public century, academic research, minor
ofences put together created

Lecture 3
Crime in the media
● pervasive presence in our life
● before it used to be not so in your opportunity for larges damage to society
face (best way to tackle is to punish these
● media has become part of the minor criminals)
scenery - at train staions
● media creates a sense of Newsworthiness
community ● the vast majority of crimes are not
● crime is all over media reported in media - only those that
are considered newsworthy
Crime TV shows - crime in entertainment ● how much media coverage a crime
receives depends on its level of
● border security newsworthiness
● CSI ● newsworthiness is determined by
a range of news values
Crime & Media reporing - background ● News values: IN THE QUIZ
● Crime and disorder formerly ○ threshold
presented as problem of society ○ predictability
and class ○ risk
● even icional media portrayed ○ sex
crime largely as a social problem ○ celebrity
eg. Victor Hugo, Charles Dickens ○ proximity
● Linked to morality but also to ○ violence or conlict
condiions of poverty and lack of ○ visual spectacle or graphic
educaion imagery
● ^^ depicions in old western ○ children
● Jack the Ripper - panic around ○ simpliicaion
crime in media ○ individualism

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PICT103 INTRODUCTION TO
CRIMINOLOGY
○ conservaive ideology and ● opposite characterisics to ideal
poliical diversion ofenders

Which crimes are over-represented ? Signal Crimes


● violent crimes (commited by ● signal crimes generate strong
strangers) collecive emoions - paricularly
● sex crimes (also commited by outrage and fear eg. pedophile
strangers) ring that has been discovered
● celebrity crimes ● these tap into more deeply held
● crimes involving police public concerns and tensions (e.g.
● crimes involving children or young immigraion, alcohol/drug use,
people religion etc)
● result in extensive and coninuing
What crimes are under-represented? media interest in related issues
● white collar crimes and ofences

● domesic violence
● cyber crimes ● reconigure social thinking in some
● environmental crimes eg. polluing way
river in river in australia
● anything other than ‘street crime’ Moral Panic
● crimes commited against ● moral panic occurs when a
‘undeserving’ vicims (homeless perceived threat to social order is
people, drug users, people with ideniied
criminal records, etc.) ● key elements include:
○ concern over certain kinds
Out of sight = out of mind of people or behaviour
○ hosility towards group
Ideal vicims ideniied as responsible
● ideal vicims are those who share ○ consensus, substanial or
characterisics that generate widespread, that
maximum sympathy something ‘must be done’
● usually include: ○ disproporionate response
○ extermes of age (young concerning the actual level
child or elderly) of threat
○ ethnic/racial majority - mods and rockers
(white) Measured response?
○ presentable/ariculate/ Misguided over-reacion?
photogenic
○ resist ofender ● Moral panics are driven by the
(unsuccessfully) media
○ engaged in morally pure ● exploited by moral entrepreneurs -
acivity eg. shock jocks, poliicians
● oten unrelated to actual risk of ● oten culminate in
vicimisaion disproporionate and reacionary

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PICT103 INTRODUCTION TO
CRIMINOLOGY
policy making - paricularly when
informed by erroneous or
misleading media representaions
Lecture 4
Sot judges?
● sentencing magistrates oten What individual factors inluence crime?
referred to as ‘out of touch’ ● the criminal mind - ask ourselves
● leads to demands for tougher what individual factors inluence
penalies and mandatory crime/what characterisics
sentencing inluence another individual to
● members of public much more commit crime?
likely to agree with a sentence the
more they know about the - personality?
circumstances of the ofence - upbringing? - parents, is it all their
fault?
Concluding thoughts? - age
- gender
- family background
§ First priority of media is to sell media - experienced trauma
– not provide accurate information - serious accident
§ The media creates erroneous
- experienced abuse as children
impressions of crime amongst the
- emoional state
general public
- marital status
§ These lead to increased fear and
- geneics - born to ofend
misunderstanding about the nature of
crime - personal aitudes towards
§ Simplified ideas of who victims and crime/violence?
offenders are and why people commit
crime – emphasis on personal morality Why is this important? - how we
rather than social causes determine how crime comes about.
§ Focus on simple law and order ● our understanding of why crime is
responses rather than tackling causes caused is what forms the basis of
of crime our responses, both socially and
§ A misinformed public will demand insituionally from the criminal
misinformed action from politicians jusice system
§ Misinformed action is, at best, ● if we get the explanaion or theory
ineffective and expensive, at worst, it wrong then our response will also
is counter-productive, resulting in more be wrong
crime and fewer individual freedoms ● it is therefore crucial that our
Need to think criically about crime in the understanding of crime causaion
media – what is being highlighted? what is is as robust and empirically
being let out? what is the bigger story? (evidence) based as possible
● we need to avoid simplisic
assumpions, relexive poliical
posiions (let or right) and

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PICT103 INTRODUCTION TO
CRIMINOLOGY
quesion so-called ‘common- Key assumpions:
sense’ perspecives ● criminal behaviour is purposive
● criminal behaviour is raional
Classical criminology ● criminal decision-making is crime-
● Notable scholars: Cesare Beccaria speciic
(1738-1794) and Jeremy Bentham
(1748-1832) Provides a theoreical jusiicaion to
● Forms the basis for most modern increase likelihood and severity of
criminal jusice systems criminal sancions ie. increasing ‘pain’
● rests on assumpions, including: reduces the likelihood of ofending
○ humans are moivated by
self-interest → sot stance: policy maker believes
○ humans are raional and everyone ofends raionally - increasing
calculaing of pleasure and risk of punishment I will give raional
pain punishment
○ individuals have
responsibility for their own Classical criminology/raional choice -
acions criicisms
● crime is not that simple!
Hedonisic calculus - human beings we ● people are clearly not always
make calculaions based on pleasure and raional
pain ● diferent people have diferent
● Betham claimed that pleasure vs capaciies to make choices (eg.
pain determine all human children, psychopaths, low mental
decision-making acuity/IQ, etc.)
● each decision involves a raional ● behaviour is also inluenced by
person weighing up the potenial factors outside of an individual’s
beneits/pleasure against control
costs/pain ● simply increasing penalies may
● there are diferent types of have no efect or can even be
pleasure and pain, including moral counterproducive, increasing
and spiritual as well as physical rather than decreasing crime
● when beneits outweigh costs then
people commit crime → increasing sentences - haven't been too
● expressed mathemaically: efecive to reduce crime eg. death
pleasure > pain = crime penalty (impact no real deterrent for that
crime)
Raional choice theory → people are not as simple as the
● contemporary version of classical theories claim they are
theory - neo-classical
● assumes ofenders are ‘normal’, Posiivism/determinism
raional decision makers ● key early theorists: Cesare
● focus is on the immediate Lombroso (1835-1909) and Enrico
environment and present ime Ferri (1856-1929)

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PICT103 INTRODUCTION TO
CRIMINOLOGY

● inluenced by evoluionary theory
and Social Darwinism ● free will is essenially an illusion -
● relies on scieniic analysis of the people are locked into their
physical body, paricularly the behaviour more than they
brain (physical characterisics eg. perceive
hairy, long arms etc.)
● suggests that criminality is either → posiivists will argue free will is
parially or completely pre- somethings humans agree
determined
● highly controversial area - scary Posiivist foundaions - evoluionary
socio-poliical implicaions psychology
● evolved to kill?
→ biological determinism - no control ● standard narraive - human males
over your acions eg. women are more have an evolved predisposiion
likely to commit crimes (criminalising 50% towards aggressive “compeing for
of the populaion) same goes for diferent maing rights”
ethniciies etc. (big risks with these ideas)
This results in:
Posiivist foundaions - geneics ● violent compeiion with other
● explore the roles of hereditary males (assault, murder, etc.)
genes in producing crime and ● sexual aggressiveness (rape)
deviant behaviour ● indiference/aggression towards
● used to explain the preponderance non-ofspring (step-parental child
of ofending within families neglect and abuse)
● major challenge in research is how
to remove inluence of Evoluionary psychology - criicisms
environment - twin studies ● narraive increasingly contested
● studies increasingly indicate the ● compares us with chimpanzees -
importance of genes and external ignoring other great apes
factors (bonobos) that have very diferent
social behaviour based on conlict
→ interacion of gene and external factors resoluion through sexual
- we need to understand external aspects, reconciliaion - ‘make love not
not just the internal aspects war’
● ignores historical and
Contemporary posiivism - contemporary hunter-gather,
neuropsychology nomadic and other socieies based
● invesigates the interacion on shared parentage
between physical properies of the
brain and behaviour Bio-social approaches
● variables include brain structure, ● not a quesion of nature or nurture
efects of injury and neuro- ● rather nature plus nurture
chemical composiion (hormones ● human behaviour is mostly pre-
dopamine levels, etc.) determined

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PICT103 INTRODUCTION TO
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A lack of self-control is characterised by:
● ‘sot determinism’ suggesing •Impulsivity, or an inability to defer
some capacity for free will but graiicaion
within limited range of choice
● strong basis in neuropsychological •Lack of perseverance
research
● ‘middle of the road type theory •Preference for risky behaviour
that presents a smaller target to
•Preference for physical, as opposed to
criics on either extreme of the mental, acivity
raional choice/free will vs.
biologically pre-determined •Self-centredness
debate
•Low threshold for frustraion (white
→ nature v nurture - these days 2012:59)
conclusion its not either or, its a mix of
two which makes us who we are
→ other factors determine the way we §Lack of self-control due to failure to insil
behave - self-determinism proper values, paricularly as a result of
● freedom to act restrained by social absent/negligent parening
structure
§Lack of socialisaion and inadequate
Control theory bonding with others
● whether or not we are able to
control theory implicaions
control our impulses
● responsible for things vs not
responsible for things
● why isnt everyone a criminal? has Control theory - implicaions
to do with self-control (impulsive =
§ Simply increasing punishment not likely
instant graiicaion)
to succeed in addressing crime – does
nothing to correct or anicipate lack of
•Based on the work of Hirschi (1969) and self-control
Gofredson and Hirschi (1990)
§ Instead prevenion of future ofenders
•Suggests that the default seing for through early ideniicaion and
humans if ofending not law-abiding intervenion
behaviour
§ Recidivism (repeat ofending) should be
•The key quesion then is not ‘why do targeted through therapy and other
some people ofend?’, but rather ‘why programs intended to improve cogniive
doesn’t everybody ofend?’ processes (e.g. anger management
classes) and developing ofender links to
•Key answer is that all ofenders are society
characterised by a lack of self-control

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PICT103 INTRODUCTION TO
CRIMINOLOGY
● father of sociology Emile Durkheim
(1857-1917)
Control theory criicism ● Social norms are “cultural
•Places a huge amount of power with few phenomena that prescribe and
‘experts’ – Who has the power to proscribe behaviour in certain
intervene? How do we jusify this? circumstances”
● essenially all of the informal rules
•Some crimes require a great deal of and commonly accepted way of
planning and delayed or absent doing things
graiicaion (e.g. corporate crimes, ● difer from, though ideally include,
terrorism) laws (legal norms)

•Many ofenders exhibit a great deal of ● basic norms → wear clothes in


self-control in other aspects of their lives public
● legal norms → very diferent

Lecture summary Anomie


● study of suicide
•Two sides of the debate raional choice ● anome = state of normlessness
(free will) vs. biological posiivism ● occurs when socieies are
(predetermined behaviour) destabalised
● paricularly during imes of sudden
•Contemporary criminal jusice system is
change:
based upon classical criminology,
○ war
emphasising raional choice but with
○ post-conlict/poliical
some input from medical/psychological
transiion
experts
○ rapid technological
•Biosocial posiivism and control theories transformaion
represent atempts to integrate ○ economic luctuaion
theoreical components from both sides (boom/bust)
● breakdown of usual community
•Research into crime causaion has bonds - people have no social
signiicant poliical and social implicaions norms to follow
● as a result they act in their own
•Can be used to jusify a variety of
interest = crime
responses, including harsher sentences,
● Australia - gradual economic
family intervenion or therapy
transformaion (closed to free
market change)
Lecture 5 ● not all countries went through
these changes so slowly

Society → Community → Situaion → Strain theory - the American Dream


Individual ● developed by sociologist Rober
Merton - what creates crimes?
Durkheim & social norms (1910 -2003)

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PICT103 INTRODUCTION TO
CRIMINOLOGY
● post war period - american dream 5. rebellion - challenges approved
(everyone can make it - however goals and approved means
not everyone can)
● builds upon anomie and also Strain theory - implicaions
emphasises the importance of ● helps explain diferent levels of
social values, paricualrly culturally crime in diferent contexts
valued goals ● highlights the importance of social
● american dream - material, inclusion, fairness and equality of
success, fame, fortune etc opportunity (educaion,
● ‘anybody can make it America’ employment, etc) a ‘fair go’
● also the value of non-material
● eg. this enchantment creates goals that contribute to social
stress - pressures people to do bad status and feelings of respect (eg.
things to get that american dream family, friendship, sporing
● huge wealth inequality achievement, arisic expression,
● inequitable access to opportunity etc)
structures (educaion, ● what do we value most in
employment, etc.) Australia? Money? Mateship?
● social strain comes about when Have these values changed over
there is a mismatch between ime?
culturally valued goals and
legiimate means to achieve them Social disorganisaion
● minimum wage = $7.25 (Aus - ● developed by researchers at the
$9.18) university of Chicago (big change
● highstrain = high crime lots of people coming in)
● relaive deprivaion - having less ● chicago - looking at natural
than adjacent environment
● diversion of ciies into diferent
Strain theory ive reacions areas based on class, length of
● how do people respond to residency and community
strain/unfairness? cohesion
● shit away from universal analysis
to focus speciically on delinquent
1. conformity - accept approved areas: slums, ghetos
goals, pursues them through
approved means ● criminogenic factors related to
2. innovaion - accepts approved place
goals; uses disapproved means
3. ritualism - abandons society’s ● the Concentric Zone Model
goals; conforms to approved
means
4. retreaism - abandons approved
goals and approved means
a. geing bad

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PICT103 INTRODUCTION TO
CRIMINOLOGY
Class-based criique based on the ideas of
Karl Marx (1818-1883)
Two essenial classes are:
• The bourgeoisie – the upper or ruling
class who own the means of producion
• The proletariat – the working class who
are exploited for their labour
The zone of transiion is characterised by: Suggests that social ills, including crime,
● low house prices are caused by the inequaliies associated
● high migrant populaions with the capitalist system
● low social cohesion
● high turnover of residents Economic inequality
● alienaion from dominant culture ● Crime and economic class are
● high crime strongly correlated - prisons are
● need to design policies that full of poor not rich people
promote community integraion ● High crime rates are associated
and paricipaion, and simulate a with economic marginalisaion
posiive sense of local idenity - (poverty and long-term
environmental criminology unemployment), in combinaion
with other factors:
Social disorganisaion - criicisms ○ Family instability
● Assumes cultural assimilaion is a ○ Lack of educaion
desired outcome ○ Poor housing
● Does not explain criminal
moivaion or ‘driving forces’ – ● Underclass = people excluded from
merely why control mechanisms or legiimate economy
‘restraining inluences’ are ● Links to social disorganisaion
weakened
● Similar to control theory – The ‘dangerous’ classes
suggests crime will occur when ● ‘Law’ is used as a tool of the rich to
social control mechanisms fail (i.e. control and subordinate other
people are bad/crime-prone classes
unless socialised properly) ● Poor people are disproporionately
● Likely to have diferent efects on targeted by the police and the
diferent crimes – i.e. homicides broader criminal jusice system
and rapes tend to be commited ● Deviancy of the working and
by people known to each other under-classes are criminalised
● Many slums/ghetos are not ● Deviancy and harmful behaviours
lacking in social organisaion (even of the rich are not – criical
illegal gang aciviies are ‘social’ criminology
● Limited means to challenge legal
and may be highly organised – just not in determinaions
construcive ways)
● Refers to the symbioic
Marxist criminology relaionship between private (for-

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proit) prisons and poliical ● the vast majority of homicides take
establishment place between friends, families
● Taxpayers pay prison corporaions and loved ones
for each person in custody ● serial murders and mass shooings
● Overwhelmingly the poor and account for less than 1% of all
underclass are incarcerated homicides (Mouzos & West 2007)
● Prisoners may be required to work ● fear of stranger homicide,
in custody - 23 cents per hour! paricularly serial murder is
● 7 private prisons in Australia disproporionate to the threat
● 87% of homicides commited by
The prison-industrial complex men
● Unlike state run correcions, ● similar igures for assault, though
private prisons have a vested proporion of women ofenders is
interest in increasing prisoner growing
numbers
● Prison corporaions inluence testosterone - triggers men to kill people
penal policy directly by lobbying (biological explanaion)
poliicians to increase sentences
(mandatory sentences, ‘zero What are stereotypically masculine
tolerance’ policing, ‘three strikes’ traits?
policies) ● jealous
● This provides more money to ● compeiive
prison corporaions which can ● decisive
further their expansion, increasing ● asserive
penalies further - and so the cycle ● muscular
goes ● don’t cry
Final thoughts ● dominant
In addiion to individual factors, crime is ● tought
inluenced by social structures, including: ● strong
• Class ● controlling
• Opportunity ● forceful
• Inequality and relaive deprivaion ● capable
• Cultural values ● aggressive
• Operaion of the criminal jusice system ● protecive
• And poliical/economic systems
If unfairness is built into society, how does Masculine norms
this afect ideas about who is responsible ● tradiional norms correspond
for crime? strongly with hegemonic
How do these ideas change our noions masculinity
of who an ofender is? ● hegemonic masculinity is
associated with strength, power
and dominance of men
Lecture 6 ● passivity, submission and chasity
are tradiionally ‘feminine’ traits
Who is killing whom?

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● homosexuals, cowards, paciists Perceived disrespect necessitates a
etc. not seen as real men violent response
● connected to other crime eg.
Gender as social construcion component of robbery, men more
● not geneically ‘hard-wired’ likely to use physical force
● products of social learning ● conlict resoluion - marginalised
(imitaion, posiive/negaive men who are excluded from
reinforcement etc) legiimate arbitraion need to rely
● gender ideniies are social on violence
construcions - change over ime
● vary between cultures, sub- Alcohol = Crime?
cultures (paricularly classes), we assume a causal and ‘common sense’
families and between individuals relaionship between alcohol and crime

Does masculinity = violence? This is relected in terminology,


● certain kinds of masculine idenity paricularly in the media”
and cultural values are linked to ● alcohol induced
violence ● alcohol caused
● heterosexism is associated with “a ● alcohol fuelled
paricular kind of gender order, ● alcohol related
one that assumes binary
categories of sexuality (such as gay “If any socially disadvantagrous event
or straight) and that privileges one happens ater alcohol has been consumes,
over the other (straight over gay)” it is assumed that alcohol is a direct
● hegemonic masculinity associated cause”
with dominaion over women, and
is linked to construcions of male ● alcohol related to so many issues -
honour (sexual ownership of alcohol fuelled ight for example
women, ‘honour killings’ etc)
● working class masculinity Wet and dry cultures
emphasises the importance of ● not all socieies consume alcohol
‘toughness’, physical the same way
strength/prowess and propensity ● in ‘wet’ cultures (Italy, Spain,
for violence - ‘what are you lookin’ France etc) drinking alcohol is a
at?’ are you some kinda... normal part of everyday acivity
● dry cultures (Australia, UK, US etc)
restrict alcohol sale and
Scenarios of violence consumpion
● sexual propriety - need to control
leads to violent dominaion of ● binge drinking happens in dry
women and violence towards cultures
sexual compeitors
● confrontaion over ‘honour’ - Alcohol and the body
escalaion of trivial maters. ● alcohol ingesion does produce
certain physical efects, including:

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○ mild euphoria
○ reduced reacion imes Bored and drink - people will be more
○ disrupion of short and likely to consume when theres nothing to
medium-term memory do
○ reducion in problem-
solving ability Most important - aitudes of security
○ loss of dexterity staf
○ loss of ability to interpret ● important - small amount of good
complex facial cues nights out with friends
● however, clinical links between ● pick and choosing diferent
alcohol and aggression are not memories - most of the ime we’re
well established bored (we only remember the
● point to social norms and good memories)
expectaions - enactment (we
behave how we think we should Night-Time economy
behave) ● builds on idea of drunken
comportment
Drunken component ● commercial expansion of late
● MacAndrew and Edgerton venues in urban centres
● acing drunk - diferent things ● linked to urban rejuvenaion
depending on culture and context ● growth of the 24 hour city
● in many cultures - intoxicated do ● locus for male violence
not show disinhibiion or ● ighing as an expressive hobby
aggression ‘weekend warriors’
● studies show that people act drunk ● promoional tools to promote
even when consuming non- ‘experienial transgression’
alcoholic placebos (drinking games; special nights;
● cultural expectaions of aggression cheap drinks)
and disinhibiion validate/excuse ● who pays and who proits?
problemaic and embarrassing venues? taxpayers? vicims?
behaviour whilst drinking alcohol ofenders?
● go back to work on monday and
NSW pub study resume life
HOmel et all (1992) ideniied a number of
diferent variable that afected violence in “...consumers of the night ime leisure
licensed establishments: experience are encouraged to regard our
● Patron type - paricularly social urban centres…”
class, age, gender
Combining our perspecives
● need to quesion our assumpions
● comfort - seaing availability, about alcohol and how it
queue for bar, toilet inluences our behaviour - how do
● boredom - live music or sport our aitudes and social norms
● intoxicaion - cheap drinks, food jusify our behaviour?
availability

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● be mindful of the role of childhood and youth as categories
hegemonic and other types of ‘consituive of diversity’
masculinity in jusifying or
promping violent behaviour yet there is a nturalisic tendency to
● consider the drinkning regard them as a necessay and universal
environments (pubs, clubs) that category
are being built - what norms are
being reinforced? who is proiing? youth = “an ill-deined and variable period
● is more and increasingly invasive of the life-span between infancy and
security the answer or could it be adulthood”
part of the problem?
● how do we balance individual young people = people under the age of
freedoms with community safety? 25
● using this knowledge, what kinds
of innovaive measures could we global developments eg. UNCRC 1999
introduced that would reduce the
number of assaults and homicides Young people and crime
that are commited?
young people ofend proporionately x2
more than adults

Lecture 7 ofences commonly commited by young


people
Age as a social construcion ● thet
● car thet
Categories of age is not natural, ixed ● assault
characterisics atributed to age
Peak around later teenage years 15-19
Categories are culturally produced and
sustained decline steadily throughout rest of life

Age-appropriate behaviour and idenity, Young people as vicims


the ‘life course’ has changed and
coninues to change young people are also disproporionately
overrepresented as vicims of crime
Innocence → developing maturity →
responsibility youth vicims are oten relaively
powerless to oppose vicimisaion at the
Youth - constant issue of concern in media hands of adult ofenders

Children worked in factories peer-on-peer vicimisaion and ofending


regularly silenced - boys will be boys, just
Categorising ‘youth’ a bit of rough-and-tumble

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stereotypes about ‘unruly youth’
inluence our understanding of young outlines why some communiies are more
vicims and ofenders - mainly ofenders crime prone than others (diferenial
associaion becomes a dominant sub-
paradoxically, young people end up both cultural value)
over-controlled and underprotected
need to isolate young people from ‘bad
Why do young people ofend? inluences’

peer pressure, brain is not fully supports the idea the prisons are ‘colleges
developed, socialisaion not fully of crime’
developed, hormones, thrill seeking,
experimening, family context - trauma, Techniques of neutralisaion
boredom
Sykes and Mata (1959) claim that young
psychological problems ofenders raionalise crime by adoping
lack of supervision one or more of the following techniques:
history of vicimisaion/abuse ● deny responsibility - it wasnt my
idea, litle Johnny made me do it
Diferenial associaion
● Denial of injury - just a bit of fun
formulated by Edwin Sutherland 1883- ● denial of the vicim - she got me
1950 started, he looked at me funny
● condemnaion of the condemners
principles of diferenial associaion: - you cops beat people up all the
criminal behaviour and techniques are ime, straight people are just as
learned: bad
● pracical (pickpockeing) ● appeal to higher loyalies - i had to
● cogniive (denial, self-jusiicaion) jump in, hes a mate

learning is a by-product of interacion Social learning theories - criicisms

percepions of the legal code inluence If all criminal behaviour is learned - who
moives and drives did we irst learn it from?

diferenial associaions vary in frequency, what about random violence/crime?


duraion and intensity
implies that young people are powerless
D A Implicaions: to resist or break free from negaive
environments - raional choice
Helps explain the importance of family -
absence of family in young ofending Chicken or egg? - young people who are
determined to ofend may seek out
emphasises the inluence of peers and teachers rather than the other way
role models around

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6.A commitment is formed to the roles
Labelling - Primary and Secondary and behaviour of the atached label
deviaion (learning the behaviour and norms of the
role ideniied in the label
lemert 1969 suggests that ofending is
linked to an individual’s interacion with 7.Longer term pursuit of a deviant career
society (paricularly the CJS) occurs as dictated by the labelling process
(becoming a ‘criminal’ or ‘delinquent’)
most people, especially young people, at
some stage in their lives experiment with (White & Perrone 2012:74)
deviant behaviour of some kind
Labelling and homeless youth - Lucinda
this iniial deviaion from legal or social Jordan 2011
norms consitutes primary deviaion
(experimental and supericial) •‘I’ve had a police oicer turn around and
say, ‘Why don’t you get a fuckin job? They
if a negaive label is applied as a result of look at you and they already assess what
primary deviaion then this can simulate you are’. (Jared)
•‘I’ve had enough of it to the point where
they call you junkies and that, I haven’t
a change in character that may result in
secondary deviaion (internalised &
idenity forming) used for years and they sill sit there and
call me a junkie’. (Josh)
Labelling in acion •‘I am singled out in society because I
made a few mistakes in my past. They
1.A deviant act occurs (deviaion from seem to follow me around everywhere
social or legal norms) and I’m just trying to get on with my life
and it’s making it very, very diicult.
2.A public label is applied (by courts, People are just judging me on my past
teachers, parents, etc.) criminal history. It’s hard to explain but if
you have lived a certain way, the police
3.Sigmaisaion occurs (a blot on your will pick on you more than if you were
record, a stain on your character) some other way. And you get pulled over,
and they don’t pull over anyone else, that
4.In response to this sigmaisaion, a new prety ridiculous’. (Tyler)
idenity is formed (as a means of defence,
or coping with negaive social reacion to Labelling theory - implicaions
oneself)
§Highlights the central role of idenity in
5.The construcion of a new idenity is ofending behaviour
formed in accordance with the label
bestowed upon the individual §Prompts the need for extreme care when
reacing to early deviant behaviour

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§Labels that are applied and internalised ● explanaions as to why women
at a young age can precipitate a lifeime ofended less than men centred
of ofending around their supposedly ‘primiive’
nature
§More primary deviaion ideniied in ● prosituion the ‘natural’ ofence
‘suspect communiies’ – we ind it where ● sound archaic but these ideas had
we look for it a profound and lasing efect on
ideas and female ofenders and
§Need for alternaive approaches e.g. women more generally
restoraive jusice, reintegraive shaming
Misogynist criminologists
Concluding thoughts ● Pollak (1961) posited that female
ofending was actually higher than
§Young ofenders are also that of men
disproporionately young vicims ● women’s menstruaion is symbolic
of their deviances/ofending
§Need to consider how our stereotypical ● this higher rate is concealed by:
understanding of young people inluences ○ women’s natural
our thinking about youth crime deceifulness and capacity
to manipulate
§Responses from society and the criminal ○ women inluence men to
jusice system need to be developed and commit crime
applied carefully – need for alternaive ○ agents of the criminal
approaches jusice system who are
reluctant to impose
§Get it wrong and we risk creaing life- punishment on women-
ime ofenders, with more vicims and chivalry thesis
cost to society in the end.
Sociological criminology and ‘invisible
women’
Lecture 8 Gender ● failure due in part to women being
ignored by important socio-
and Crime criminological schools and theories
● eg. strain theory, chicago school,
control theory all developed by
What did early criminology say about men, male research subjects and
women? used to explain male criminality
Part 1 ● inability to apply these theories to
women - generalisibility problem
Women and early posiivists - eg. in many universiies women
were not allowed into the uni
● early biological posiivists believed campus unil recently in the 60s
that some women, like men, were
born criminals Feminist criminology
Part 2

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● liberal: focus on individual rights,
broader change in the younger people of liberies and dignity (self-
the ime and how they saw the world - determinaion)
globalisaion in 60s ● marxists: emphasises structural
students revoling all over the world inequaliies within paradigm of
criminology - you see a revolt in academia paid and unpaid labour as major
(white men overdone in academia) contributor to relaive power
disparity
What is feminist criminology? ● radical: focus on the ‘female
experience’ against patriarchal
● emerged out of the 2nd wave society (discourse of oppression
feminism and dominaion) - how females
● no one type but rather muliple experience the world looking from
school or sub-disciplines the inside out and how women
● broadly concerned with: deal with that patriarchal pressure
○ the failure to theorise or
engage in the empirical Feminist criminologies #2
study of female ofending
○ the neglect of female ● socialist: commodiicaion and
vicimisaion and oppression of women in a
paricularly male violence patriarchal society within a
against women capitalist framework
○ the over-concentraion on ● cultural: looks at the development
the impact of the CJS on of a separate women’s culture and
male ofenders unique relaionships between
- feminist criminology is criical of women and society and between
men in Criminal Jusice System women
- rates of violence against women in ● postmodern: criical of ‘tradiional’
australia is prety high or ‘classical feminism’, rejecing
- most are recorded and not the noion of ‘universal female
hidden experience’, focus on gender as
- we know a lot more about performance
what is going on in - rejecing old noions of what the
comparison to the 60s female experience it
- we see how prevalent this
is in a developed country - Major contribuions
our rates are very very high Part 3
- biggest risk to women are
men, especially men that They all are responding to this noion of
they know manipulaion and suppression

Feminist criminologies Living under patriarchy


● feminist thought highlighted the
unequal role and power of women
in society

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● crimes against women regularly ● women lee abusive homes at a
ignored/silenced by men young age, placing them at further
● women less able to resist or risk of vicimisaion
ariculate their vicimisaion ● leeing home also places women at
● female ofending linked to risk of interacion with the CJS -
economic marginalisaion and increased likelihood of prison later
dependency upon men in life
- even today women make less
money than men at work Double deviance, double jeopardy
- crimes against women are ● women who are convicted of
regularly silenced by men crimes face addiional
- me too movement discriminaion compared to men
- marginalisaion - increases ● premised on their violaion of
likelihood of ofending expected behaviour from
established feminine/maternal
Doing gender norms
● gender roles not geneically hard- ● discriminaion may be either:
wired but acquired through ○ formal - increased severity
processes of socialisaion of sentence, intervenion
● women learnt to ‘act’ in by welfare agencies with
accordance with established implicaions for dependent
norms children
● ofending typically violates ○ informal - impacing work,
feminine norms - sigma and fear familial and personal
produce powerful informal control relaionships
● also a major contribuion to
understanding male ofending Applied perspecives
- women acts are socially Women, sexual assault and vicim blaming
constructed
- women are challenging the roles Combining our perspecives
- males are losing control over ● following instances of sexual
women assault vicims/survivors are oten
- social construcion of ofending - implicated in their own
we can only understand what vicimisaion
women can do in terms of ● if Gillian Meagher - murdered in
ofending - but we need to know 2012 - had been “more faith
why males ofend too and see how illed”, she “would have been
they two genders interact home in bed
and “not walking down Sydney
Pathways to ofending Road at 3am” - Vicar General Greg
● women in prison report Bennet
consistently higher levels of past ● “the uncovered meat is the
abuse and vicimisaion than men problem” - sheik talking about ms
● partners oten implicated in and meagher
involve women in crime

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Contrast with male vicimisaion ● naionality: refers to legal
● there are major diferences ciizenship of a paricular naion-
between male and female state: eg. Australia, India, Russia
ofending - gender gap/sex raio of etc.
ofending
● feminist criminology has had a Fluid concepts - powerful concepts
major and ongoing impact on the
discipline ● neither race nor ethnicity are
● highlighted nature of female solely natural categories - divisions
ofending, silencing of female are also socially constructed
vicims and experiences of ● both are socially deined -
discriminaion in the CJS meanings ascribed to physical
● criiques the patriarchal nature of diference are largely invented
society and ongoing historical ● both are dynamic and subject to
legacy of unequal power relaions change
between men and women ● both are linked to the
● also a major contribuion to maintenance of social boundaries
explanaions of male ofending, ● both are linked to hierarchies
paricularly around the power and (social straiicaion) and the
inluence of masculine idenity absence/presence of economic,
● need to ensure that women are poliical and other types of power
central rather than peripheral to
or absent from the process of Social Darwinism
criminological inquiry
● a discredited pseudo-science
inluenced by the work of Charles
Lecture 9 Darwin
● conceptualised human races as
Construcing race diferent stages of superiroty -
white people at the top, black

and ethnicity people at the botom and


everyone else in between
● behaviour and criminality pre-
What is race? What is ethnicity? determined
● popular in the 19th and early 20th
● race: physical/biological (common centuries, paricularly in Europe,
geneic or physical characterisics) the US and AUstralia
● examples of races: black, white, ● Strong inluence on Nazisim
Asian, etc.
● ethnicity: disincive groups based Immigrants and crime
on commonaliies of culture, Part 2
language, religion etc.
● examples of ethniciies: kurdish, What is the staisical and relaionship
anglo-saxon, jewish, han chinese between immigrants and ofending?
etc

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Data regarding race/ethnicity in Australia ○ usual problems associated
is limited, however data about naional with being a refugee and
origin is more readily available: sufering forced departure
● immigrants (ie. Australians born ○ economically and
overseas) in general have the educaionally
lowest rates of ofending disadvantaged
● irst generaion immigrants ○ alienaion from
(parents born overseas) ofend mainstream culture and
more than their parents but sill religion
less than other Australians ● recent problems compounded by
● 2nd+ generaion Australians have post sept 11 fear and mistrust of
the highest rates of ofending muslims
● excepions are immigrants and
descendants from NZ, Lebanon, Collins et al (2201) argue that Lebanese
Vietnam, Turkey and Romania Muslim youth in Sydney paricular are
regularly caught in a problemaic, self-
Sites of disadvantage reinforcing cycle of reacion and counter-
● immigrants experience reacion
disadvantage across mutliple sites,
including:
○ higher than average
unemployment
○ lower earning/low status
jobs
○ lower levels of educaion
○ reduced language
competency
○ residency i more
afordable, higher-crime
neighbourhoods Media stereotyping - labelling
● any one of these would explain an
increase in ofending ● media stereotyping taps into and
● when each of these factors reinforces popular prejudices and
intersect criminogenic efect are radicalised discourse
compounded ● frequently misrepresents ethnic
minoriies - ofenders are treated
Case study - Lebanese Muslim Australians as representaive, groups of
● Last of the 3 main waves of youths are ‘gangs’
Lebanese migraion to Australia ● labelling sharpen division between
● Post 1975 - displaced by the majority and minority ethnic
Lebanese civil war groups
● experience muliple sites of ● fuels suspicion and fear of
disadvantage including: immigrants
● risks creaing self-fulilling spiral of
discriminaion and blame

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● others suggest the need to also
Racism and hate crime examine insituional racism:
● a hate crime is “violence” that is ● “indigenous young people report
directed at individuals or groups commiing ofences at around
on the basis of their perceived twice the rate of non-Indigenous
sexuality, disability or membership youth, yet they are 15.6 imes
of a racial ethnic group overrepresentaion in juvenile
● examples - cronulla riots, sydney detenion”
gang rapes
● racism also incorporates non- Diferenial policing
violent forms of racial prejudice ● diferenial policing refers to
● for examples - not employing diferent policing strategies
people because of their imposed on ethnic minoriies
ethnic/racial background ● ethnic minoriies are oten
overpoliced and subjected to more
What do ofending stats for immigrant invasive police powers
groups tell us? ● this leads to increased interacion
with the CJS, more charges, more
● not much necessarily! indicates convicions, more in prison
correlaion not causaion ● creates resentment towards CJS
● domesic and internaional ● Entrenches disadvantage and
research indicates that ofending is worsens police-minority relaions
more closely linked to social class
rather than race or ethnicity Colonialism - framing the debate
● need to be criical of simplisic, ● australia declared terra nullius by
radically posiivist and polarising the Briish
views and instead focus on ● Setlement commenced on the
systemaic factors underpinning 26th of January 1788 (Australia
overrepresentaion in the CJS Day)
● Expansion was characterised by
Indigenous ofending in CJS low-level fronier warfare and
Part 3 punctuated by massacres
● most ighing was undertaken by
Aboriginal over-representaion in the colonial mounted police forces
criminal jusice system ● resistance coninued up unil the
high rates of imprisonment rates for early 20th century
Indigenous
Cultures of resistance
Accouning for the numbers ● coninuum of antagonism
● diferent scholars explain the huge resistance and resentment
asymmetry in indigenous between the state, paricularly
incarceraion in diferent ways police, and indigenous peoples
● Weatherburn and Snowball (2006) from colonial imes to the present
suggests the need to address the day
root causes of ofending

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● more recent echoes include the communiies to address long-term
Stolen Generaions, the Royal disadvantages in employment,
Inquest into Aboriginal Deaths in health and educaion created by
Custody and the Northern generaions of marginalisaion and
Territory Intervenion social exclusion
● Colonial history coninues to afect
contemporary events Concluding thoughts…
● race and ethnicity are primarily
Exacerbaing the problem - the trifecta social constructs - meanings are
invented and have litle to do with
Describes the three charges which oten diferences in biology
characterise police-indigenous ● mixed results when examining
interacions immigrants rates of crime -
1) ofensive language/behaviour generally lower but higher for
2) resising arrest/hindering police some groups
3) assault ● simply looking at ofending rates of
● described by invesigaing ethnic minoriies and indigenous
magistrates as ‘provocaive people does not address root
policing’ causes
● results in unnecessary escalaion ● avoid simplisic arguments and
of trivial behaviour to criminal quesion media stereotypes
ofences ● need to idenify and address the
systems that underpin ofending -
Negaive consequences - large scale social exclusion, unemployment,
social unrest disenfranchisement, need for
● ongoing antagonism between status and respect
police and indigenous ● also work to resolve problemaic
communiies has negaive relaions with the criminal jusice
consequences beyond increased system, paricularly the police
incarceraion
● negaive interacions with the CJS
can also spiral violently out of
control
● the deaths of Mulrunji Doomadgee
in policy custody on Palm island Lecture 10: Drugs and Illicit Substances:
and teenager TJ Hickey in Redfern
in 2004 both sparked major riots A drug (legal or otherwise) is: “any
chemical agent that alters the biochemical
Reconciliaion or physiological processes of issues or
● signiicant gains have been made organisms” UNODC 2014
in recent years in fostering
reconciliaion between indigenous Illegal drugs: a drug with no legal usage
and other Australians that is prohibited under all circumstances
● further improvements will require
partnering with indigenous

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Licit/illicit drugs: may refer to either legal 4. cocaine
or illegal drugs depending upon usage. A 5. meth
legal drug that is used illegally (eg. 6. tranquilisers
without prescripion) represents illicit 7. hallucinogens
drug use 8. heroin

Why do people use illicit drugs? Categories of drug use

Addicion Problemaic: stereotypical drug use;


Pain management regularly portrayed in media;
Deal with anxiety characterised by excessive, harmful
Escape personal circumstances consumpion, addicion and criminal
Peer pressure behaviour
Body building
Rebel/annoy parents Problemaic - 10% of users
Assist work/study
Imitaion of role models Non-problemaic: funcional drug use;
Experimentaion social bonding recreaional and non-dependant; not
Act ‘grown up’ associated with increased criminality or
Psychological exploraion negaive life impact

Staisical Snapshot Non-problemaic - 90% of users

Diicult to determine and research due to “Most drug users are not otherwise
illegality and sigma criminally acive”

Approximately 15% of the Australian Drugs-crime nexus


populaion in past 12 months
Psychopharamcological
Between 25-30% of young people aged
20-29 - normalisaion People commiing out of character
ofences whilst under the inluence
Spread remarkably evenly across social
class, educaion and employment Relaively rare - most drug crime is not
although diferent drugs were used related to efects of consumpion
according to afordability
Paricularly associated with alcohol and a
Higher use in country areas as opposed to limited range of illicit drugs
big ciies
Psychopharmalogical ofences are highly
Most popular illicit drugs newsworthy and atract heavy media
coverage
1. cannabis
2. painkillers Economic-compulsion:
3. ecstacy

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Also known as ‘enslavement
Measured both harms to individual users
Economic-compulsive crime is commited and harms to others
by drug users who are heavily addicted in
order to acquire illicit drugs Each drug awarded diferent scores in
each category to create overall measure
Ususally refers to low-level stree ofences
(eg. burglary, prosituion, robbery etc) Harms to users:
and drug dealing 1. speciic mortality - eg. fatal
overdose
Only clearly associated with some types of 2. related mortality - eg. HIV AIDS
illicit drugs, paricularly those that are 3. speciic harms - eg. liver cirrhosis
highly addicive 4. related harms - eg. non-fatal
accidents
Systemic: 5. dependence - likelihood of
addicion
By far the most important of the three 6. speciic mental impairment - eg.
categories psychosis
7. related mental impairment - eg.
Systemic drug crime refers to ofences long term memory loss
related to the producion and distribuion 8. Loss of tangibles - eg. job, house
of illicit drugs etc
9. loss of relaionships - eg. spouse,
Oten related to very serious and violent friendships etc
ofences (eg homicide, torture, assault, 10. injury - eg. car accidents
poliical and police corrupion) 11. crime, including;
a. acquisiive eg. mugging,
Includes ‘turf-wars’ between local narco- burglary
gangs, robbery, as well as large scale b. impaired judgement - eg.
conlict between drug cartels vandalism, assault
12. economic costs - eg. sick days, lost
Measuring harm producivity
13. impact on family life - eg.
Background to the study: relaionships damaged
Chief invesigator - Professor David Nut, 14. internaional damage - eg. deaths
Head of the UK Government Advisory in drug producion zones
Council on the Misuse of Drugs 15. environmental damage - eg. toxic
by products, syringe liter
Panel of experts comprising: 16 eminent 16. decline in community reputaion -
medical doctors, chemists, forensic eg. sigmaisaion of slum areas
scienists, criminologists, psychologists
Findings and discussion:
Intended to create an objecive scale for
measuring harms associated with illicit
drugs

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Indicates that legal drugs, paricularly necessarily reducing consumpion (eg.
alcohol but also tobacco are signiicantly needle exchanges, drug tesing)
more harmful than most illegal drugs
Government funding overwhelmingly
Findings suggest a signiicant mismatch geared towards supply reducion despite
between percepions of harmfulness and high cost and low efeciveness
the actual dangers associated with drugs
Decriminalisaion:
Serious implicaions for drug policies
Removes criminal sancion from drug
Poliically unpalatable - Professor Nut possession/use
was ired from his posiion as Chairman of
the UK Drugs Advisory Council Minor increases in adult drug use

Prohibiion: Signiicantly reduced drug use amongst


adolescents and problemaic drug users
Emphasis on reducing drug use and crime
thorugh law enforcement and tough Ofers signiicant beneits:
criminal sancions ● increased uptake of drug
treatment
Intended to ‘send a message’ about the ● reduced overdoses and infecious
supposed dangers of illicit drugs disease
● savings from reduced incarceraion
Phenomenally expensive - in Australia
approxiamtely $2 billion AUD every year Sill problems associated with illicit
manufacture and distribuions:
Entrenches systemic drug crim ● systemic, organised crime
● product adulteraion
Efects fall most heavily on poor and
marginalised drug users - unable to aford Legalisaion/regulaions:
drugs; diferenial access to legal
representaion Drug legalisaion refers to drug control
through the regulaion of manufacture
The Australian approach: and distribuion

Supply reducion - law enforcement Could take palce through government


targeing of drug distribuion regulated private industry eg. cannabis in
Colorado and Washington states
Demand reducion -
educaion/propaganda campaigns, Not a ‘free for all’ - advocates argue for
rehabilitaion programs, subsituion (eg. strict controls similar to tobacco, eg. no
methadone for heroin users) adverising, over 18 sales etc.

Harm reducion - policies aimed at Ofers dual economic beneits in terms of


miigaing drug related harms without savings and taxaion

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4. the group has some permanence
Only way to efecively dismantle systemic and a degree of organisaion
drug crime 5. the group is involved in an
elevated level of criminal acivity

Lecture 11: Gangs and Gangsters Media (mis)representaion

What is organised crime?? ‘gang’ and ‘gang member’ are emoive


terms that imply a serious degree of
Problemaic and contested term threat

Usually associated with serious crimes oten overused and imply a level of
organisaion and exclusive idenity that
“A group of people who act together on a may not be present
long-term basis to commit crimes for
gain” (Levi 1998:335) someimes applied to groups of youths
that are perceived as threatening
Deiniional problems include determining
thresholds for the following: wrongly describing youth groups as gangs
● total numbers involved can lead to moral panics and negaive
● length of associaion labelling
● degree of organisaion (division of
labour, hierarchy, etc) Gangs in history
● seriousness of crime commited
Long history of gang associaion in
What is a gang? Australia

Also a problemaic, diicult to deine and Linked to rapid urban growth, paricularly
contested term in Sydney and Melbourne - social
disorganisaion theory
Similar to organised crime, except for an
emphasis on youth and idenity Gangs became ailiated with paricular
areas - territoriality
Deined by the US Naional Gang Centre
(2013) as: Membership oten necessary to ensure
safety
1. having three or more members,
generally aged 12024 Also linked to strain theory - gangs ofered
2. members share an idenity, an alternaive route to valued goals
typically linked to a name and (respect, belonging, wealth etc)
oten other symbols
3. members view themselves as a Gangs - people who are alienated are
gang and they are recognised by more likely to take part in gangs
others as a gang
Symbols and ritual

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Gangs use over symbols (tatoos,
insignias, colours etc) And rituals
(iniiaion, excommunicaion etc) for a
range of purposes, including:

● expressing an exclusive gang


idenity
● demonstraing individual
commitment to the gang
● personal ‘achievements’ and life Maia in Naples - bin crisis
events Corrupion
● marking territory
Why do organised crime groups form?
Demonstrate commitment to the gang
Primary moivaion = money
Biker gangs
A key factor explaining organised crime is
Australia has the world’s largest per capita the existence of illicit markets
membership of biker gangs (mcnab 2013)
Illicit or ‘black’ markets deal in goods and
Biker gangs provide an alternaive idenity services that are traded illegally
and value system, variously based on:
Organised crime groups rely on the
● fraternal loyalty prohibiion of certain goods and services
● violent/aggressive masculinity to provide them with business
● disdain for law and law opportuniies
enforcement
● hyper-naionalism and xenophobia Violence as a commodity
(racism)
Supplying products to illicit markets is
How much crime is structured is disputed- only part of the business to organised
criminal organisaions or organisaions crime
with (some) criminal members?
Organised crime groups also use violence
PART 2 (or the threat of violence) for a range of
purposes, including:
Examples of organised crime
● encouraging compliance
● punishment enemies
● deterring rivals
● increasing market share

However, there is a contrasing need to


reduce ‘unnecessary’ violence to avoid

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atracing the atenion of law
enforcement Structured hierarchy - a not so reliable
model
Crime as governance
The apparently pyramid-like structure of
Criminal structures emerge to ill a void the maia has since come under heavy
created by an absence of governance criicism

the most powerful organisaions in failed Over-reliance on one paricularly dubious


states or neglected slum areas are oten source
organised crime groups Simplisic models are easy to
sensaionalise and raise public concern
organised crime groups may provide
employment, security and even basic Useful in selling media content,
social welfare and support, payments to simulaing public concern and atracing
families of imprisoned members etc funding for law enforcement

Part 3 Social network analysis - disorganised


crime?
La Cosa Nostra
New research points to the dominance of
La Cosa Nostra or the American Maia is decentralised and lexible networks rather
the archetypal criminal organisaion than ightly structured hierarchies

Along with other organised crime groups Networks present more of a challenge to
developed huge power in the Prohibiion law enforcement (harder to detect, more
era (1920-1933) diicult to penetrate, etc)

Maia power centred around the ‘ive Analysis of networks allows for more
families’ in New York targeted law enforcement of criical
nodes
Maia - the (supposed) evil empire
Concluding thoughts
Invesigaions in the 1960s determined a
naionwide organisaion with a core Gangs have a long and violent history in
membership of approx 5000 Australia, paricularly in areas of
disadvantage and amongst populaions
Organisaional structure was believed to excluded from mainstream society
be hierarchical and imitated those found
in legiimate insituions organised crime lourishes wherever there
are illicit markets, and violence is used to
Above all of the crime families was the regulate these in the absence of
‘Commission’ who directed and government control
coordinated the aciviies of each and
every group

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Organised hierarchies superseded by status in the course of his
decentralised networks, which present occupaion’ (Sutherland 1949:9)
more of a challenge to law enforcement, ● Opportuniies for criminal acivity
but paradoxically appear less threatening presented by and within work
to the general public environment
● is a feature of the act (crime) not
Media and law enforcement therefore the actor (ofender)
have a strong incenive to coninue
employing gang and maia stereotypes, Types of white collar crime
despite potenially being inaccurate and
misleading ● embezzlement
● employee pilfering and thet
Lecture 12 Crimes of the Powerful ● fraud (real estate, insurance, tax,
investment, etc)
Comparing the harm ● computer crime (thet of idenity
or informaion)
● the enire worldwide annual ● insider trading
homicide rate is esimated at
approximately 468,000 (UNODC White collar crimes oten violate a
2011) combinaion of:
● Workplace deaths number around ● civil laws
2.2million - nearly 4 imes more ● criminal laws
than all deaths resuling from ● administraive rules
homicide (ILO 2005)
● The vast majority of these deaths - not an exciing type of criminal
are not the result of unavoidable case - very boring and unatracive
accident, but rather criminal topic
negligence - far higher death rates than normal
● yet criminal convicions are rarely crime eg. ppl dying in workshops
associated with the bulk of these
deaths What is corporate crime?
● ofences and acts of omission or
- what is more dangerous? commission by corporaions
- why are we so afraid of the typical ● ‘corporate crimes involves
serial kill eg. hannibal lecture ofences commited by companies
- unsafe workshops - should we be or their agents against members of
worried just as much as we are of the public, the environment,
serial killers creditors, investors or corporate
compeitors’
What is white collar crime? ● organisaional rather than
● key theorist - Edwin Sutherland individual
(1883 - 1950) ● not necessarily for direct proit -
● ‘...a crime commited by a person other moivaions include
of respectability and high social organisaional/tema presige,

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corporate culture, urge to ‘win’, ● ‘creaive’ accouning pracices
etc. ● inluence on legislators
○ individuals hide within
Types of corporate crimes organisaion - difusion of
responsibility
Abuse of power, fraud and economic ○ internaional mobility - able
exploitaion that result in: to move assets and
● death and injury of workers and ciizenship internaionally
consumers
● unsafe work pracices/places The law, in its majesic equality, forbids
● unsafe products (food, medicines, the rich as well as the poor to sleep under
cars etc.) bridges, to beg in the streets and to steal
● discriminatory employment bread - Anatole France 1894
pracices
● price ixing Early radical criminology

- very large number of dodgy ● Williem Bonger argues people are


aciviies that companies engage naturally aversive to crime
with ● natural state disrupted by
capitalism which fostered
Harms of WC and C crime contd. individual egoism
● crime also resulted from:
White collar and corporate crimes also ○ survival (crimes commited
result in: from poverty/economic
● environmental destrucion necessity)
● recession - global inancial crisis ○ alienaion (disillusionment
● breed distrust in social and with iniquiies of
economic insituions capitalism)
● lower public morale ○ power (bourgeoisie exempt
● undermine faith in government from scruiny)
and business
Features of radical criminology
- banks mistrust - harmful to ● criminalisaion afects those
funcion of society groups who lack
economic/poliical power
Avoiding scruiny & accountability ● oten a strong marxist inluence -
crime held to be the result of
Powerful individuals and corporaions are economic inequality and
able to avoid accountability for harmful exploitaion
acions: ● necessity for radical social change
to adequately address crime and
● posiion can give status, legiimacy injusice
● access to legal power ● only redistribuing power can
● spin doctors and control over signiicantly improve society
media

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Corporate structure criminogenic? in street crime, repressive policing,
● legal duty to pursue shareholder reducion in democracy
proit above other consideraions
● drive to externalise whenever What is state crime?
possible means others (eg. ● Crime perpetrated by
taxpayers) bear costs state/government
● distance between owners, ● its a type of corporate crime
execuives and workers ● “state crime refers to crimes
encourages a lack of transparency involving the state acing against
and risk taking its own ciizens, or against the
● corporate personhood means that ciizens of another state as part of
legally a corporaion is a ‘person’ interstate conlict”
● but liability is difused - no one ● includes acts of commission
held personally accountable for (acive) and omission (passive)
criminal acts ● similar to corporate crime - sually
the focus is on systemic behaviour
The rise of neo-liberalism and deviant organisaions rather
● rise of neoliberalism a key factor in than individuals
growing corporate power and ● eg. one deviant police oicer
associated harms might be guilt of brutality/assault.
● propagated by ‘Chicago School’ An enire police department
economist theorists and pracicing brutality may consitute
conservaive leaders, paricularly a state crime
Thatcher and Reagan
● Intended to ind eiciencies and Examples of state crime:
increase proit through ● war crimes (torturing prisoners)
deregulaion and privaisaion ● genocide (eg. the holocaust, the
● ‘unleashing the power of the black war)
market’ ● unlawful assassinaions
● police/army massacres (syrian
Negaive consequences rebellion, iananmen square)
● unethical medical experimentaion
Radical and criical criminologists argue ● cyber atacks (eg. stuxnet, cyber-
that: espionage)
● lack of regulaion and increased
compeiion encourages business State crimes - crimes of omission
leaders to cut corners and ignore
risks ● failure to protect ciizen safety:
● ‘honest’ corporaions are at a ○ prison rape and torture
disadvantage and risk being taken ○ deaths in custody
over by more proitable, law- ○ child abuse in state care
breaking/bending corporaions - ○ lack of assistance (eg.
increase in corporate crime emergency aid during
● greater inequality and Hurricane Katrina)
concentraion of wealth - increase

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What is the responsibility of the state to ethical, transparent, accountable,
protect its own ciizens? What about non- equitable and responsible?
ciizens?

State crime - internaional law and Week 13 - Environmental Crime


insituions
● diferent from usual crimes which
are deined and prosecuted by the Part 1 Deiniions and approaches
state
● state crimes are therefore Environmental crimes?
determined with reference to §Poaching
internaional law and convenions §Animal cruelty
● eg. UN Declaraion of Human §Littering
Rights, Geneva Convenion etc. §Air pollution
§Illegal dumping
Prosecuing state crimes is diicult: §Industrial safety violations
● appropriate forums are limited §Nuclear contamination
(eg. internaional criminal court) §Illegal fishing & whaling
● not everyone accepts jurisdicions
§Arson
- ‘internal mater’, naional
§Water theft
sovereignty
§Killing protected species
Signs of hope? §Exporting toxic waste
Crimes of the powerful can be challenged §Habitat destruction
through: §Illegal logging/clearing
● efecive and accountable §Smuggling wildlife
democraic insituions §Contamination of agricultural land
● transparency/visibility §Bio-piracy
● grassroots organisaions/NGOs §Unlawful proliferation/ contamination by
● the internet - social media genetically modified organisms

Things to think about… Legal definitions


● crimes of the powerful are under-
§An environmental crime is “a deliberate or
recognised and unaddressed by
careless act that harms the environment and
the criminal jusice system breaks current laws” (AIC 2014).
● yet these are the ofences that §E.g. Illegal fishing, toxic dumping, littering,
undoubtedly cause the greatest killing protected species
harm to the public §Legal definitions are extraordinarily narrow –
● not necessarily a quesion of ‘bad’ fail to capture many of the most serious types
people but rather bad systems of environmentally damaging activity
(poor accountability, lack of
oversight, ideological laws, etc) Harm based definitions
● how can we shape poliical and
social insituions and and §Focus on legal or illegal destructive acts that
damage the environment and harm human
pracices to that they are more
health and property

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§Examples include climate change, air §Can be deviant or systemic (i.e. related to the
pollution, toxic contamination of water normal functioning of an economy)
sources and food supply chains
§Most harmful crimes in the world – e.g. 7 Challenges in tackling environmental crime
million premature deaths per year due to air
pollution alone
§ Problems with identification:
Human & non-human rights • Geographical – local, regional, national,
international
§Environmental rights as human rights (e.g. • Temporal – immediate/latent,
right to clean water, air, etc.) short-term/long-term
§Animal rights – recognition of non-human • Victims – human, non-human, environment
animals as sentient beings that should be •
protected from cruelty and unnecessary § Problems with enforcement:
suffering
• Lack of visibility
§Ecological justice – recognition of
• Complexity in linking cause and effect
environment and non-human species as worthy
of preservation for their own sake • May involve legal activity, normal industrial
processes
§
• Diffusion of responsibility (same as
Extend conceptions of harm to include future
corporate crime)
generations, non-human life and environment

Part 2 Criminology and climate change


Who are the ofenders?

§Transnational corporations – Climate change


commodification, externalisation §The big issue facing the world today
§Nation-states – through subsidies for §Off the scale in terms of harms:
destructive industries, lack of environmental •Increased frequency and intensity of natural
protection, war crimes disasters
§Organised crime groups – e.g. mafia groups •Species extinction
who illegally dump toxic waste •Sea level rises
§Individuals – often poor people in •Desertification
developing nations (e.g. poaching, land
•Ocean acidification
clearance, illegal fishing, etc.)
•Loss of ecosystems, agricultural land,
§Consumers – who purchase goods associated
fisheries, etc.
linked to environmental harm (e.g. rhino horn,
uncertified palm oil) •Displacement and climate refugees
§Existential threat to human civilisation
Why do people/organisaions ofend?
Merchants of doubt
§Highly profitable
§Climate science is heavily politicised in
§Environmental laws are relatively weak - Australia and also US
little disincentive
§Exploit principle of ‘balance’ in reporting
§Crimes are difficult to investigate and
prosecute §Advocacy of climate ‘scepticism’ and doubt
funded by fossil fuel industries
§Serious penalties are rarely imposed –
cheaper to face prosecution than operate safely

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§Same scientists and think tanks involved with §Regulation and oversight
disputing links between smoking and lung
cancer §Innovate incentives for compliance
§Informed by Cold War ideology – free §Eliminate opportunities for corporations to
markets vs. state intervention externalise environmental costs
§Serious obstacle to climate action §Funding research – Australian Research
§ Council, CSIRO, etc.
(Orestes & Conway 2010; Hamilton 2010)
§Consultation and partnership with industry

Criminogenic effects §Public information & education

§Climate change not only represents a


crime in its own right – also has Criminalise serious environmental harm
criminogenic effects:
§The most serious environmental harms are
•Environmental refugees caused by committed by rational actors
displacement
•Food scarcity and associated problems §This indicates that harms can be avoided
(e.g. social unrest, riots, robbery) through criminalisation and meaningful
•Costs of adaptation and increasing penalties
poverty
§Need to focus on adapting legal processes to
§Those hardest hit (early on) are least
able to afford it better target individuals within organisations

(White 2011)
Part 3: Responding to environmental
crimes Transnational approaches

§The impacts of the most serious


Green criminology
environmental approaches are global
§New perspective that recognises the failure of §Single governments unable to tackle issues in
conventional criminology to recognise
environmental harm isolation
§Roots in critical and radical criminology §National governments must work together to
§Focus on systems of production and innovate solutions and coordinate policy – e.g.
consumption that result in transnational Paris Climate Accords
environmental harm
§Critical of powerful entities, particularly §Success in past – e.g. banning of CFCs
transnational corporations, that deflect destroying ozone layer
responsibility for destructive activities
§Future focused – ensuring intergenerational
equity and horizon scanning to ensure NGOs & grassroots campaigns
preservation of humans, non-human species
and quality of air, water and soil §Non-government organisations and
(White 2009; 2011) grassroots campaigns are increasingly
important
National approaches §Critical for raising awareness of
environmental crimes and destructive practices

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§Prompt changes to business (e.g. divestment)

§Ensure politicians are held to account and


special interests are resisted

Food for thought

§Environmental crimes currently pose the


most serious threats to human societies and the
future of the planet

§They are highly profitable to commit and


difficult to investigate and prosecute

§Extraordinarily small penalties compared to


the harms they produce – cost/benefit

§Meaningful action requires reform of CJS,


leadership and cooperation from all sectors
including the state, private industry, non-
government sector and the general public

§Action will be opposed by special interests


with money/power to lose

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