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Crim100Lecture7.pptx

CRIM 100: Lecture 7

Corrections in Canada

Policing in Canada

This lecture will expose you to some of the key challenges facing the Canadian criminal justice system today, including issues in Corrections and Policing. Specifically, you will be asked to think critically about the use of segregation in correctional facilities and the history of policing in Canada and how it has changed.

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Please Note…

Warning: slides and hyperlinks include graphic, and sometimes disturbing images & content

Slides are for CRIM 100 internal use ONLY and may not be replicated, distributed or published by any means and are expressly for educational purposes by students officially registered in this course.

Part 1: Corrections

Before we jump into learning about some of the specific issues in Canadian corrections, it is important to look at what happens upon entry to a correctional centre.

First is assessment. Here will we look at how we can reduce the risk of future offending through individualized assessments and management. Risk assessment is the process of evaluating the likelihood of someone’s risk of offending and the reasons that the person poses a risk. Conducting a risk assessment requires the evaluator, at a minimum, to gather information, evaluate the presence of relevant risk factors and protective fac- tors, and form a judgment about risk.

Offender classification: The process of assessing an offender’s personal characteristics and circumstances and matching them to appropriate management strategies and services aimed at lowering his or her risk of reoffending.

Reducing the risk of offending requires:

Risk assessment

Risk management

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The Correctional Process

Begins when an offender arrives at an institution

Continues until the sentence is completed and the offender has reintegrated into the community

Intake / Risk Assessment

Gather / Analyze info.

Identify Risk Factors

Develop Correctional Plan

Pen Placement

Max. Sec.

Med. Sec.

Min. Sec.

Community

Public Safety

Institutional Adjustment

Escape Risk

RRAC

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The correctional process begins when an offender first arrives at an institution and continues until they are reintegrated into the community. There are many steps along the way, as we shall see.

Assessment is done using the Custody Rating Scale which is 12 items that determine the offenders institutional adjustment and escape risk, and then recommends the level of security based on total scores.

Looks at a number of reports to help decide on programing and targeted intervention to ensure that the primary goal of CSC is met – protection of the public.

What could be a problematic about this? Self-fulfilling prophecy – whereby inmates classification influences their behavior rather than reflects it.

Approximately 15% are classified as high risk and the rest are classified as medium or low

There are three basic steps in the assessment process:

Information gathering

Evaluate the presence of relevant risk factors

Risk and protective factors

Dynamic and static risk factors

Formulate a judgment of risk

Professional judgement or

Actuarial methods

Source: Lyon & Welsh (2017)

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Good Risk Assessment Practices

Good risk assessment practices should:

Be evidence-based

Prefer structured over unstructured methods

Consider all known major risk and protective factors

Consider static and dynamic factors

Conduct re-assessments at appropriate intervals

Provide useful information to guide risk management strategies

A dynamic risk factor is a changeable characteristic associated with an increased likelihood of future criminal behaviour.

A static risk factor is a permanent, or at least very difficult to change, characteristic associated with an increased likelihood of future criminal behaviour.

An actuarial method is a risk assessment method that prescribes all aspects of the process, including information gathering, risk factor identification and operationalization, and the rules for combining this information and making the judgment about risk.

A structured professional judgment (SPJ) method is a risk assessment method that prescribes the minimum information that must be gathered and identifies and operationalizes the risk factors that must be considered but gives the evaluator discretion over how to synthesize this information and make the judgment about risk. This information is critical in preventing recidivism.

Recidivism: when previously convicted people commit crimes again.

The recidivism rate is the number of offenders released from correctional institutions that re-offend and subsequently return to confinement, out of the number of all released offenders

The rehabilitation-reintegration approach reduces risk to re-offend by offering treatment and programming for inmates

Source: O’Grady (2018) PPT slides.

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Risk Factors

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Dynamic Risk Factors

Static Risk Factors

Factors that are not likely to change, including criminal history, prior convictions, seriousness of prior offences, and performance on conditional release

Attributes that CAN BE altered through interventions, including employment skills, education, addictions issues, and cognitive thinking skills

Criminogenic Risk Factors

Risk/needs factors that contributes to person’s propensity to commit crime: substance abuse, anti-social values

Risk-Needs-Responsivity (RNR) Model of Offender Treatment

Risk-Needs-Responsivity (RNR) Model: A model of offender treatment that focuses on reducing re-offending by carefully matching the offender to treatment based on three core principles:

Risk principle

Needs principle

Responsivity principle

Source: Lyon and Welsh (2017).

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The Risk Principle

“Who” is treated?

Treatment intensity must be matched to the offender’s risk of reoffending

i.e., little or no treatment for low risk; very intense treatment for high risk

Source: Lyon & Welsh (2017)

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The Need Principle

“What” is treated?

Treatment should target dynamic risk factors

Source: Lyon & Welsh (2017).

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Risk assessment and management. In this short video clip, various experts discuss the processes of risk assessment and risk management in the context of domestic violence. (Required Video)

https://www.youtube.com/watch?v=D1rO92yZlw4

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The Criminal Justice System

There are three players involved in the criminal justice system:

1. Police - Policing in Canada is carried out at four levels:

Federal

Provincial

Municipal

First Nations

2. Courts: Canada’s court system has several jurisdictions:

Criminal division

Trial division

Supreme Court of Canada

3. Corrections:

Prisons have existed in Canada since 1835, when Kingston Penitentiary was first opened.  Today, in Canada, there are 43 federal institutions for men and six for women.

Source: O’Grady (2018) PPT slides.

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History of Canadian Corrections

1835: First prison opened in Kingston, Ontario

“From 1934-2000 the only federal institution for women offenders in Canada was the Prison for Women. It was a maximum-security prison in Kingston, Ontario. It housed all federal women offenders, regardless of security level.” (Correctional Service of Canada – Women’s Prisons : https://www.csc-scc.gc.ca/women/002002-0007-en.shtml).

“In the 1960s, new approaches to rehabilitation and reintegration were adopted:

Helping inmates prepare for life on the outside

In the 1970s, 500 inmates at Kingston started a riot.

This lead to years of turmoil in Canadian penitentiaries

Death penalty was abolished in 1976

Human rights issues resulted in levels of security

The acknowledgement that youth offending is different than adults – which resulted in a separate youth justice system.

More emphasis on women’s rights and the needs of female 0ffenders

Source: The History of the Canadian Correctional System: Correctional Service of Canada: https://www.csc-scc.gc.ca/educational-resources/092/ha-student-etudiant-eng.pdf).

Classification of Institutions:

Federal vs. provincial prisons:

Sentence of two years less a day: provincial

Sentence of at least two years: federal prison

Prisons are officially referred to as ‘institutions’ and run by ‘correctional services’

Source: O’Grady (2018) PPT slides.

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Kingston Penitentiary in 1835

Prison for Women (P4W) in 1934

New social realities (1960-1999)

Today

Goals and Objectives of CSC

Controlling offenders to the extent necessary

Assisting offenders to become law abiding citizens

Involving community members and organizations in the offender reintegration process

Contributing to safer communities

Ensuring public safety

Goals and Objectives of CSC

You will learn more about sentencing when you take CRIM 103: Introduction to the Canadian Criminal Justice System.

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Utilitarian philosophy

Balancing rehabilitation and public safety versus offender accountability through reward and punishment

Goals of sentencing

Denunciation

Deterrence

Rehabilitation

Protection of the public

Reparation

Responsibility

Correctional Service of Canada’s Mission Statement

The Correctional Service of Canada ( CSC ), as part of the criminal justice system and respecting the rule of law, contributes to public safety by actively encouraging and assisting offenders to become law-abiding citizens, while exercising reasonable, safe, secure and humane control.

Citizens’ Advisory Committees

I have served on this committee since 2012. We meet once a month to discuss issues in the institutions, transfers from other institutions, incident reports, inmate count, etc. The committee is comprised of approximately 6 volunteers plus the Warden. The purpose of this committee is to communicate and liaise with the community. I find this committee very useful in teaching, as I can discuss current correctional issues with my students.

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Under section 7 of the Corrections and Conditional Release Regulations and further by Commissioner's Directives, a Citizens' Advisory Committee (CAC) "contributes to the public safety by actively interacting with staff of the Correctional Service of Canada, the public and offenders, providing impartial advice and recommendations, thereby contributing to the quality of the correctional process.”

Purposes and Principles of Sentencing

An aggravating factor is defined as a factor that would justify a harsher sentence. Examples include prior record, hate crimes, vulnerability of victim, etc.

A mitigating factor is defined as a factor that would support leniency in sentencing. Examples include mental illness, abuse, minor role in the offence, etc.

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Sentences must be proportionate

An offender should not be deprived of liberty

Aggravating and mitigating factors are considered at sentencing

Correctional Service of Canada

To be incarcerated in a federal penitentiary, an offender must be sentenced to a term of two years or greater. Those sentenced to terms of two years less a day are incarcerated in institutions that are managed by the provinces.

Offenders convicted of summary offences – which are the least serious, serve their sentences in a provincial or territorial institution. Those convicted of indictable offences serve their sentences in either a federal or a provincial institution.

Federal prisons have the most programming and the highest levels of security.

Source: O’Grady (2018) PPT slides.

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Federal Corrections

CSC’s involvement begins once an offender is sentenced to a term of incarceration of two years or more.

Provincial Corrections

Offenders given probation sentences or sentenced to incarceration of less than two years

Sykes’ Pains of Imprisonment

When a person is transformed from a regular citizen to an inmate, it is called the process of prisonization. Once incarcerated, inmates often experience the following.

Deprivation of liberty

Deprivation of goods and services

Deprivation of heterosexual relations

Deprivation of autonomy

Deprivation of security

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Deprivation of liberty

Deprivation of goods and services

Deprivation of heterosexual relations

Deprivation of autonomy

Deprivation of security

Mental Health

The size of federal and provincial prison populations is affected by changes in federal and provincial legislation.

Those incarcerated generally lack formal education, have poor employment histories, suffer from substance abuse, fetal alcohol syndrome, and other mental health problems.

Source: O’Grady (2018) PPT slides.

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Among the biggest challenges for correctional institutions in Canada today

4 to 7 times more likely to have a psychiatric condition in comparison to the general population

Self-harm

Stigma and isolation

Inability of correctional staff to address the needs of mentally ill offenders

Prevalence Rates for Current Diagnosis of Major Mental Disorders among Incarcerated Women (N=154)

Disorder %
Any disorder 79.2
Mood disorders 22.1
Psychotic disorders 4.6
Alcohol/substance use disorders a 76.0
Anxiety disorders 54.2
Eating disorders 11.0
Pathological gambling
Borderline Personality Disorder (BPD; lifetime only) 33.3
Antisocial Personality Disorder (APD; lifetime only) 49.4

Prevalence Rates for Current Diagnosis of Major Mental Disorders among Incarcerated Women (N=154)

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Why?

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Population Profile and Key Issues

Males in their mid-thirties

Overrepresentation of Aboriginals

Mental health and addiction

Gangs

Incarcerated people in Canada do not represent a cross-section of the population

Two dimensions stand out the most

Gender: incarcerated males outnumber women by a ratio of about 10:1

Race: Indigenous people comprise about 23% of the prison population while only representing 4% of the Canadian population; African Canadians comprise 9% of the federal prison population while only 3% of the general population.

Source: O’Grady (2018) PPT slides.

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“Smith was adopted shortly after her birth. Her home was like that of any traditional loving family. Her behavioral problems began with the onset of puberty, and were marked by episodes of defiance and poor school performance. After pelting a mailman with crab-apples, she was incarcerated for assaulting a public employee. What was designed to be a short sentence stretched into a number of years and multiple institutions. Her journey eventually concluded with her tragic suicide inside Grand Valley Institution in Kitchener, Ontario.

The centerpiece of the film is never-before-seen surveillance footage that shows Smith undergoing a string of physical punishments at the hands of prison guards, including painful dousings of pepper spray, 23 hours a day in solitary confinement, a lack of adequate toiletries, and barbaric constraint.

Smith clearly suffered from some form of undiagnosed mental illness. The prison system was ill prepared to deal with her unruliness; in fact, the disciplinary abuses she suffered only exacerbated her already fragile state. Astonishingly, Smith's treatment in these prisons was touted as therapeutic. It's clear that she did not receive the level of compassionate rehabilitation that could have transformed the course of her life.

In the course of their investigation, the filmmakers speak with Smith's grief stricken parents, a fellow inmate and correctional institution officials. Together, they paint a vivid portrait of a flesh and blood young girl overwhelmed by the delirium in her mind, the apathy of her captures, and the hell of her environment.

Smith's story is not unique. Mentally ill inmates are frequently moved from prison to prison across the Canadian landscape. Their mental instability is further unhinged by inhumane treatment, which often inspires them to commit more and more drastic offenses. It's a vicious cycle that betrays the purpose of reformation.”

Source: Ashley Smith Out of Control, the Fifth Estate.

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Segregation

Segregation is an inmate control technique used by correctional authorities to protect others within the prison from particularly dangerous or threatening inmates

confinement of an individual to his or her cell for upwards of 22 hours per day

Disciplinary or administrative

Voluntary or involuntary

Bill C-83 - Structured Intervention Units (SIU)

On June 21, 2019, Bill C-83 - An Act to amend the Corrections and Conditional Release Act and another Act received Royal Assent. In particular, the amendments to the Correctional and Conditional Release Act (CCRA) in this Bill eliminate administrative and disciplinary segregation, and introduce a new correctional model including the use of structured intervention units (SIUs) for inmates who cannot be managed safely within a mainstream inmate population.

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Issue # 1 (Aboriginal Inmates: The View from the Court)

Landmark case of R. v. Gladue

2 key elements:

(1) the unique systemic or background factors which may have played a part in bringing the particular Aboriginal offender before the courts;

(2) the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular Aboriginal heritage or connection.

There are two key issues I would like you to consider for this week. The first is the case of R.v. Gladue. Review this cases and think about how systemic racism is relevant and why this case was landmark case for the criminal justice system.

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Issue # 2: Mental Illness and Ashley Smith

Mental illness is among the biggest challenges faced by correctional institutions in Canada today

Inmates are two to three times as likely as members of the general population to have had a recent psychiatric illness

Correctional institutions are ill equipped to respond and treat inmates with mental health issues

The second case involves the issue of segregation and Ashley Smith. This is discussed extensively in your readings. Please read this section carefully, watch the documentary, and then answer the critical thinking questions provided.

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Background of Ashley Smith

Teenager who died by self-inflicted strangulation on 19 October 2007 while under suicide watch in custody at the Grand Valley Institution for Women

Caused major controversy with the Correctional Service of Canada

On 19 December 2013, the coroner's jury returned a verdict of homicide in the case of Ashley Smith, and provided 104 recommendations to the presiding judge.

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Ashley Smith: Out of Control Critical thinking questions:

How do you feel about CSC’s approach to mental health and segregation?

What recommendations would you make to the Correctional Investigator?

Did the actions of CSC violate CSC’s mission statement?

Part 2: Policing in Canada

This mini-lecture on policing is an introduction to the history of policing in Canada, including an overview of policing as an organization and policing as a process, the forces that shape the transformation of policing in Canada, and the structure and levels of policing in Canada. If policing is something that interests you, you can take our second year CRIM 251: Law Enforcement in Canada. Here are the objectives for this lecture:

• Understand the origins of policing in Canada

• Understand the hierarchy of policing in Canada

• Understand the roles and responsibilities of the police in Canada

• Discuss some of the modern challenges facing policing in Canada

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The History of Policing in Canada

The History of Canadian Policing

“It is difficult to point to one era in history as a defining moment in the creation of organized policing. Instead, there have been a number of events that have contributed to the evolution of the profession. In fact, to even call it a profession was something of an evolution! In the early European context, there was no recognizable system of policing comparable to what we know today. Instead, rulers, like Kings, Queens, or Emperors, defended their power and sovereignty through the use of their militaries, and those who did not comply with the ruler’s decree were met with harsh punishment, including death. Otherwise, the general public was largely left to their own resources for protecting themselves and each other. This is not to say that there was no social control or protection, but it often came from individuals within communities, rather from an organized police force like we know today.

Some of the earliest evolutions of policing started with the tithing system in Europe in the 9th and 10th centuries. Essentially, a tithing was an area of land similar to what we might refer to as a jurisdiction today. Within this area of land, or jurisdiction, the male heads of a household became responsible for the actions of others within the jurisdiction, providing security to others, and dealing with conflict in the community. Eventually, after the Norman conquest of large sections of England, these tithings slowly introduced courts for administering justice, and created Justices of the Peace to resolve disputes between community members. In more serious cases, juries of other town members were called to help make a fair decision regarding a dispute or offence. All of these elements still form different parts of our justice system today.

The next major step in the creation of a professional police force came in 1285, with the Statue of Winchester, also in England. This statute created a code outlining the practices of these very early police forces and outlined the concept of around-the-clock vigilance by a group of men. This system became known as the ‘watch and the ward’, particularly in larger towns. These basic and early ‘police’ practices continued for several centuries with very little change. Jobs in law enforcement became less and less attractive as the industrial revolution began in the 1700’s. It became more and more difficult to find competent people to be a member of the watch and the ward. Quite simply, people could make more money in a factory. Corruption within these early police forces ensued as poorer and poorer people filled these jobs, often abusing their power, taking bribes, assisting with the persecution of innocent people, and participating in a range of other unsavory acts. During this period of time, England, and much of Europe, witnessed massive population growth, particularly in urban centers, as people rushed into cities, abandoning their lives as farmers to work in factories. This massive population growth led to huge spikes in crime, particularly thievery, prostitution, gambling, fighting and violence, and drunkenness. By the early 1800’s, it became clear that a more effective structure for policing was needed, particularly in urban centers with large populations. Further, citizens, employees of factories, and factory owners started demanding reform to improve safety, deal with judicial and police corruption, and the problems associated with an increasing crime rate. This led to the creation of the Metropolitan Police Force in London in 1829, which was the first full-time, paid, professional police agency in the world.” (Cohen, Policing in Canada Module, 2021: 1-2).

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Please watch this brief video on the History of Policing in Canada

https://www.youtube.com/watch?v=-iV7H3NTyCw

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Please watch the following video about the role of policing in Canada as it relates to the issue of race.

https://www.youtube.com/watch?v=oSXzCr_yCXE

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Levels of Policing in Canada

“The police can be defined as non-military individuals or organizations who are given the general right by the government to use course of force to enforce the law and his primary purpose is to respond to problems of individuals in group complex but impulse illegal behavior.” (Seagravem 1997:2 as cited in Campbell, Carter, and Pollard).

“The Royal Canadian Mounted Police (RCMP) make up Canada’s federal police force."

“Provincial police have jurisdiction in rural areas and in unincorporated regions around cities.”

“Municipal police have jurisdiction within their specific city or town and are paid for by that city or town. Municipalities without a police force use the RCMP for their policing.”

Source: (8.1 Levels of Police in Canada/Starting a Police Investigation PPT Presentation).

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Federal

Provincial

Municipal

First Nations

Policing as an Organization

Police or Policing? What is the difference between policing as an “organization” and policing as a “process”?

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Protecting the public from criminals

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Providing general assistance in time of need

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Maintaining order and preserving the peace

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What are Sir Robert Peel’s Principles?

Challenge your Assumptions! Is that what good policing represents?

“While it is obvious that many of the principles outlined by Peel in 1829 (page 9 of your reading) still hold true today, modern expectations of a police force have also evolved from Peel’s original conception of the police. Arguably, there are a handful of things the public expects from a modern police force in Canada.

NEXT SLIDE….

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What the public expects from a modern police force in Canada

When It comes to accountability, it is important to note that “Police service, management, and officers are under more scrutiny than ever before, particularly with the increased use of mobile devices with phone and video capability. In 1992, a major riot started in Los Angeles after a video was broadcasted showing five Los Angeles police officers severely beating Rodney King, who was being stopped for speeding. Although Mr. King admitted to speeding, the officers that had engaged in the pursuit were angry that he had fled from them. This led to them surrounding and beating Mr. King in a parking lot. The beating that Mr. King endured, including being tasered, struck with batons, punched, and kicked, led to the five officers being arrested. Many believed that had the video never surfaced, the five officers would have never been arrested and charged. However, after a short trial, a jury acquitted all of the officers of assault, which sparked outrage in the community and led to two days of intense rioting. If any of you have been watching the news in 2020, it is obvious that these kinds of events are still happening in the United States and Canada; however, the major difference today is that they are often recorded and posted online. This has led to the demand for changes in policing, and certainly the demand for more accountability by police officers and departments for their actions. Within Canada, we have several forms of accountability for police, including external review by civilian oversight groups and review by police boards that are often comprised of politicians and prominent members of the community.” (Cohen, Policing Module, 2021:4-5).

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1. Justice: administer power in a fair and reasonable manner, to ensure that the process used to investigate crime and disorder is fair, and to be fair in how they treat the public

2. Equality: provide services and safety to everyone, to provide equal access to the police, regardless of race, gender, income, sexual orientation, or status

3. Accountability: Within Canada, we have several forms of accountability for police, including external review by civilian oversight groups and review by police boards that are often comprised of politicians and prominent members of the community

4. Efficiency: to be cost efficient with taxpayers, to use their budgets wisely, and to ensure that every person in our society is given equal access to the police, regardless of gender, race, income, sexual orientation, or position in society

The Crime Complex

“David Garland suggested that the constellation or issues that frame the public's perception of high crime rates and consequent fears can be termed the crime complex.” (Seagravem 1997:2 as cited in Campbell, Carter, and Pollard).

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High crime rates are regarded a s a normal social fact

Emotional investment in crime in widespread and intense

Crime issues are politicized and regularly represented in emotive terms

Concerns about victims and public safety dominate public policy

The criminal justice state is viewed as inadequate or ineffective

Private, defensive routines are widespread and there is a large market for security

A crime consciousness is institutionalized in the media, popular culture, and the built environment

End of Lecture – thank you!

Amy Prevost

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