Introduction To Criminology 1704829412

Introduction to Criminology
Introduction to Criminology
A Canadian Open Education Resource
DR. SHEREEN HASSAN AND DAN LETT, MA
DR. SEAN ASHLEY; DR. JON HEIDT; DR. GAIL ANDERSON;

DR. JENNIFER MERVYN; STACY ASHTON, M.A.; DR.
ZACHARY ROWAN; MICHAELA MCGUIRE, M.A.; DR.
ROCHELLE STEVENSON; DR. JENNIFER KUSZ; DR. TARA
LYONS; DR. SHERI FABIAN; DR. STEVEN KOHM; DR.
GREGORY SIMMONS; DR. MARK VARDY; DR. JORDANA K.
NORGAARD; DR. BENJAMIN ROEBUCK; MICHAEL BRANDT,
MA; ANTONIO ROBERT VERBORA; DR. ALANA MARIE
ABRAMSON; MELISSA LEANNE ROBERTS, M.A.; KELLY
GORKOFF; AND KEVIN WALBY
KWANTLEN POLYTECHNIC UNIVERSITY
Introduction to Criminology Copyright © 2023 by Dr. Shereen Hassan and Dan Lett, MA is licensed under a Creative
Commons Attribution 4.0 International License, except where otherwise noted.
Contents
Licensing Info xvii
Acknowledgements xix
Introduction xx
Dr. Alana Marie Abramson; Dr. Shereen Hassan; and Dan Lett, MA
1. What is Crime?
2. Typologies and Patterns of Crime
3. Media and Crime
4. Race and Crime
5. Methods and Counting Crime
6. Biological Influences on Criminal Behaviour
7. Psychological Theories of Crime
8. Sociological Theories of Crime
9. Learning Theories
10. Critical Criminology
11. Feminist Criminology
12. Cultural Criminology
13. Green Criminology
14. Victimology
15. Crimes of the Powerful
16. Environmental Criminology
17. Restorative, Transformative Justice
1.1 Crime in Context 49

Dr. Sean Ashley
1.2 Crime in Canada 51
Dr. Sean Ashley
1.3 Colonialism as Crime 54
Dr. Sean Ashley
1.4 Framing Crime 55
Dr. Sean Ashley
1.5 Discussion Questions 56
Dr. Sean Ashley
1.6 References 57
Dr. Sean Ashley
2.1 A Note on Indigenous Peoples and Criminal Justice: Overrepresentation and 61

Criminalisation
Dr. Jon Heidt
2.2 Thinking about Crime: Classification and Typologies 63
Dr. Jon Heidt
2.3 Violent Crimes: Definitions and Patterns 65
Dr. Jon Heidt
2.4 Non-Violent Crimes: Definitions and Patterns 69
Dr. Jon Heidt
2.5 Crimes of Morality and Public Order: Definitions and Patterns 71
Dr. Jon Heidt
2.6 Organised Crime 74
Dr. Jon Heidt
2.7 Hate Crime, Extremism, and Terrorism 75
Dr. Jon Heidt
2.8 Crime Patterns Over Time 77
Dr. Jon Heidt
2.9 Conclusion 79
Dr. Jon Heidt
Dr. Jon Heidt
2.11 References 81
Dr. Jon Heidt
3.1 Theoretical Perspectives on the Relationship Between Crime, Media, and the 87
Public
Dr. Chantal Faucher
3.2 How Media Frame Portrayals of Offenders, Victims, and Police 95
Dr. Chantal Faucher
3.3 Future directions 102
Dr. Chantal Faucher
3.4 Conclusion 103
Dr. Chantal Faucher
3.5 Discussion questions 104
Dr. Chantal Faucher
3.6 References 105
Dr. Chantal Faucher
4.1 The Origins of Race and Racism 111

Dr. Michael Ma
4.2 Colonialism and Criminal Justice 113
Dr. Michael Ma
4.3 The Practices of Race in Colonialism 116
Dr. Michael Ma
4.4 Race and Racialisation Today 118
Dr. Michael Ma
4.5 Police Racial Profiling 121
Dr. Michael Ma
4.6 Intersectionality 123
Dr. Michael Ma
4.7 Conclusion 129
Dr. Michael Ma
Dr. Michael Ma
4.9 References 131
Dr. Michael Ma
5.1 The Research Process 135

Dr. Wendelin Hume and Ashly Hanna, B.A.
5.2 Planning 141
5.3 Conceptualisation 144
5.4 Choice of Method 146
5.5 Operationalization 150
5.6 Sampling 151
5.7 Data Processing 155
5.8 Analysis 156
5.9 Application 157
5.10 Use of Research Findings 158
5.11 Looking Forward 159
5.13 References 161
6.1 Genetics 163

Dr. Gail Anderson
6.2 Brain Chemistry 169
Dr. Gail Anderson
6.3 Brain Damage 172
Dr. Gail Anderson
6.4 Nutrition and Alcohol 175
Dr. Gail Anderson
6.5 Conclusion 178
Dr. Gail Anderson
Dr. Gail Anderson
6.7 References 180
Dr. Gail Anderson
7.1 Individual Psychology 187

Dr. Jennifer Mervyn and Stacy Ashton, M.A.
7.2 Cognitive & Cognitive-Behavioural Theories of Criminal Behavior 194
7.3 Cognitive-Behavioural Psychology in Law Enforcement 197
7.4 Medical Model of Psychopathology and Criminal Behaviour 198
7.5 Trauma-Informed Neurobiology and Criminal Behaviour 204
7.6 Evolutionary Psychology 208
7.7 Cultural Psychology 210
7.8 Integrative Models of Criminality 214
7.9 Conclusion 219
7.11 References 221
8.1 Crime and Social Norms 231

Dr. Sean Ashley
8.2 The Chicago School 234
Dr. Sean Ashley
8.3 Strain Theory 236
Dr. Sean Ashley
8.4 Delinquency as a Subculture 239
Dr. Sean Ashley
8.5 Social Control Theory 241
Dr. Sean Ashley
8.6 Labelling Theory 242
Dr. Sean Ashley
8.7 Conclusion 245
Dr. Sean Ashley
Dr. Sean Ashley
8.9 References 247
Dr. Sean Ashley
9.1 Criminology and Colonialism 251
Dr. Zachary Rowan and Michaela McGuire, M.A.
9.2 Learning Theories and Crime 253
9.3 Differential Association Theory 254
9.4 Social Learning Theory 258
9.5 Research in Learning Theories 260
9.6 Moving Past a Monolithic Approach to Learning Theory 263
9.7 A New Approach to Learning Theory 266
9.9 References 268
10.1 The Rise of Critical Criminology 273

Kevin Walby and Kelly Gorkoff
10.2 Marx and the basis of Critical Criminology 274
10.3 Post-Structuralism: Foucault and Critical Criminology 279
10.4 Emergent Elements of Critical Criminology 285
10.5 Conclusion 294
10.7 References 296
11.1 Foundations of Feminist Criminology 303

Dr. Rochelle Stevenson; Dr. Jennifer Kusz; Dr. Tara Lyons; and Dr. Sheri Fabian
11.2 Critiques of Existing Criminological Theory 307
11.3 Issues that Brought Feminist Criminology to the Surface 309
11.4 Sexualised Violence 311
11.5 Criminalisation of Women 314
11.6 Crime Statistics on Women 316
11.7 Treatment in the Criminal Justice System 320
11.8 Critiques of Feminist Criminology 326
11.10 References 329
12.1 Something Old 335

Dr. Steven Kohm
12.2 Something Borrowed 337
Dr. Steven Kohm
12.3 Culture and Late Modernity 340
Dr. Steven Kohm
12.4 Boredom and Crime 342
Dr. Steven Kohm
12.5 Crime as Pleasure 344
Dr. Steven Kohm
12.6 The Methods of Cultural Criminology 347
Dr. Steven Kohm
12.7 Crime Media and Popular Culture 353
Dr. Steven Kohm
12.8 Critiques 357
Dr. Steven Kohm
12.9 Conclusion 360
Dr. Steven Kohm
Dr. Steven Kohm
Dr. Steven Kohm
13.1 What is Green Criminology? 367

Dr. Gregory Simmons; Dr. Mark Vardy; and Dr. Rochelle Stevenson
13.2 What is the Difference Between Green Criminology and Environmental 372
Criminology?
13.3 Ecophilosophies Within Green Criminology 373
13.4 Green Criminology and Victimisation 375
13.5 The Environmental Justice Perspective 379
13.6 The Species Justice Perspective 381
13.7 The Ecological Justice Perspective 383
13.8 Linking Ecophilosophies, Justice Perspectives, and Indigenous Ways of Knowing 385
13.9 Conclusion 388
14.1 Definitions: Victim or Survivor? 399

Dr. Jordana K. Norgaard and Dr. Benjamin Roebuck
14.2 Theories of Victimisation 400
14.3 Measuring Victimisation 403
14.4 Victim Rights 410
14.5 Victim Assistance Services 415
14.6 Impacts of Victimisation 417
14.7 Conclusion 422
14.9 References 424
15.1 Crimes of the Powerful are White-Collar Crimes 429

Michael Brandt, MA
15.2 Occupational Crime 431
Michael Brandt, MA
15.3 Corporate Crime 432
Michael Brandt, MA
15.4 Financial Crimes 435
Michael Brandt, MA
15.5 Political Crime 439
Michael Brandt, MA
15.6 State-Organised Crime 440
Michael Brandt, MA
15.7 Challenges Related to White-Collar Crimes 445
Michael Brandt, MA
15.8 Conclusion 453
Michael Brandt, MA
Michael Brandt, MA
Michael Brandt, MA
16.1 The Origins of Environmental Criminology 463

Antonio Robert Verbora
16.2 A Basic Understanding of Environmental Criminology 465
16.3 Environmental Criminology and Green Criminology 466
16.4 Theoretical Approaches Within Environmental Criminology 467
16.5 Geometric Theory 470
16.6 Rational Choice Theory 475
16.7 Pattern Theory 477
16.8 Applications of Environmental Criminology 479
16.9 The Strengths and Limitations of Environmental Criminology Theories 481
16.10 Chapter Review and Concluding Thoughts 483
17.1 Restorative Justice: A Paradigm Shift 491

Dr. Alana Marie Abramson and Melissa Leanne Roberts, M.A.
17.2 Justice as Healing 492
17.3 The Aims of Restorative Justice 497
17.4 Restorative & Transformative Justice: Definitions and Conceptions 499
17.5 Justice Stakeholders 503
17.6 Restorative Justice Models 507
17.7 Restorative Justice & Indigenous Ways of Knowing 509
17.8 Benefits & Critiques of Restorative Justice 511
17.9 Conclusion 514
Glossary 519
Contributors 543
Licensing Info
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Licensing Info | xvii

Image Use
Unless otherwise specified, the images used in this text have a variety of open copyright
licenses. Review the image attributions at the bottom of each chapter for license information.
Images without attribution statements were created for this book and fall under the authorship
of the chapter and the license of this book.
The following images have been used with permission or are under a special license:
• The cover image used in this book is © Kwantlen Polytechnic University. If this book is
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• Figure 17.1 Confidence in Canadian Institutions, 2013 is © Statistics Canada and used under
the Statistics Canada Open Licence.
xviii | Introduction to Criminology

Acknowledgements
A phenomenal amount of time and energy went into the production of this Open Education
Resource. Ultimately, this project could not have been completed without the inspiration and
motivation we drew from our students. Thank you for your enthusiasm, curiosity, and passion
for criminology: this book is for you.
Thanks are due to the original planning team of KPU colleagues whose vision and efforts laid
the foundations for this project: Greg Simmons, Lisa Monchalin, Wade Deisman, and Alana
Abramson. We are also grateful to our student assistant, Sumer Bhachu, for his literature review
and help in the early stages.
A huge number of people generously provided their expertise and feedback at various stages.
Our heartfelt thanks to Alana Abramson, Leah Ballantyne, Carroll Boydell, Lara-Lisa Condello,
Andrea Curman, Nathalie Gagnon, Chris Giles, Amanda Grey, Paula Hirschmann, Avery Hubert,
Krista Lambert, Tara Lyons, Gurinder Mann, Lisa Monchalin, Urooj Nizami, Dave Smulders, and
Alicia Spidel. We also want to thank Lana Radomsky and Paula Pinter from KPU Open Education
for their work to convert the chapters into Pressbooks.
Financial assistance that made this project possible came from BC Campus, the Faculty of Arts
Excellence and Advancement Fund (KPU), the Open Education Resource Grant Program (KPU),
the Justice Institute of British Columbia, and the Criminology Department (KPU).
Finally, we are grateful for the dedication, patience, and expertise of our contributing authors
and for the support of our families, friends, and our wonderful colleagues at Kwantlen
Polytechnic University.
Acknowledgements | xix
Introduction
DR. ALANA MARIE ABRAMSON; DR. SHEREEN HASSAN; AND DAN LETT, MA
This Open Education Resource (OER) project was conceived and led by a team of instructors
from the Criminology Department of Kwantlen Polytechnic University (KPU), namely Shereen
Hassan and Dan Lett. KPU is named after the Kwantlen First Nation, with permission from
the late Grand Chief Joe Gabriel. KPU’s motto, “Through tireless effort, knowledge, and
understanding,” derives from the word “Kwantlen,” which means “tireless runner.” As members
of the KPU community, we respectfully acknowledge that our campuses stand in a region south
of the Fraser River which overlaps with the unceded traditional and ancestral lands of the
Kwantlen, Musqueam, Katzie, Semiahmoo, Tsawwassen, Qayqayt and Kwikwetlem peoples.
In the process of producing this OER, our team sought the guidance of KPU’s Elder in Residence,
Lekeyten of the Kwantlen First Nation. Lekeyten impressed upon us that educators have a
responsibility to acknowledge and respect the geographic and historical context of our
knowledge. As academics, our data are derived from the lived experiences of people who have
intimate relationships with land and nature; abstract theories are the culmination of ideas,
labour, and conversations, passed from lip to ear. Our role as educators is to make these
connections apparent. Lekeyten reminds us that a book will never be able to communicate in
the ways that Indigenous knowledge was passed down and that we need to connect to nature
and the world around us in our search for justice.
Objectives of this OER
In our view, a just society is one that strives to make education as accessible as possible.
Textbook costs contribute to the significant financial strain on students, who face many other
challenges, including familial expectations and responsibilities, employment pressures, mental
and physical health, living away from home, discrimination, and accessibility needs. Surveys of
students at KPU and other universities suggest that textbook costs lead many students to avoid
classes with expensive books, to take courses without purchasing the required texts, or even
to drop out of their studies altogether. As instructors, we see how these challenges can impede
students’ progress, and how some students experience more structural barriers than others.
We hope that this OER will, in a modest way, relieve some of the stress that students face and
contribute to the accessibility of education.
Although this open education resource (OER) is written with the needs and abilities of first-
year undergraduate criminology students in mind, it is designed to be flexible. As a whole,
the OER is amply broad to serve as the main textbook for an introductory course, yet each
chapter is deep enough to be useful as a supplement for subject-area courses; authors use plain
xx | Introduction to Criminology
and accessible language as much as possible, but introduce more advanced, technical concepts
where appropriate; the text gives due attention to the historical “canon” of mainstream
criminological thought, but it also challenges many of these ideas by exploring alternative,
critical, and marginalized perspectives. After all, criminology is more than just the study of
crime and criminal law; it is an examination of the ways human societies construct, contest, and
defend ideas about right and wrong, the meaning of justice, the purpose and power of laws, and
the practical methods of responding to broken rules and of mending relationships
Criminology as a Colonized Discipline
Like the rest of the social sciences, criminology is dominated by Western scholars, literature
and perspectives. This Westerncentrism of criminology means that non-Western
criminological scholarship has largely been marginalised or ignored. (Moosavi, 2019, p.
229)
Education systems are intertwined with colonialism. Cote-Meek (2014) notes that Canada’s
longstanding history of colonialism, oppression, and racism informs the dynamics of
educational spaces and is inherent in the structures that hold the academy together, shaping
what is taught, how it is taught, and who teaches it (p. 63).
Much of the scholarship in criminology is indeed embedded in a European worldview based on

notions of individualized blame, professionalized decision making, and punishment. According
to Moosavi (2019), the Western centrism of criminology is problematic not only because it is
discriminatory, but also because it unnecessarily excludes alternative accounts that may be
useful for informing criminological research (p. 229). All too often, non-European individuals
and groups are problematized in criminology rather than looked upon as a source of knowledge
and resilience. This textbook aims to shift from this approach to highlight the resistance
strategies, strengths, and cultural and traditional practices that have contributed to the survival
and well-being of Indigenous peoples in Canada.
Criminology has also been a highly gendered field. Prior to the mid-1970s, almost all
criminological theory was authored by men theorizing about crime committed by men. Moosvi
(2019) notes that “the most frequently cited criminologists are overwhelmingly white men
from the USA and the UK” (p. 230). Chesney-Lind & Chagnon (2016) contend that feminist
criminologists have pushed back against this problematic legacy with some success, and
theoretical traditions have emerged to reshape criminological thought regarding gender and
crime (p. 314).
Inherently interdisciplinary, the study of criminology cannot be separated from considerations

of gender, power, class, economics, geography, sociology, religion, psychology, and biology. This
textbook helps readers understand theory beyond the Western, colonial lens to provide holistic
and critical insights and applications. Authors representing many gender and cultural identities
Introduction | xxi
present criminological theories of the past and present and discuss how these theories shape
our understanding of and engagement with our world. In fact, a guiding principle of this OER
project has been to prioritize Indigenous authorship and collaboration between Indigenous and
non-Indigenous scholars, to the extent of our team’s capacity. While this is not an attempt at
the monumental—and necessary—task of decolonizing criminology, considerable efforts were
made to connect Indigenous ways of knowing and being with criminological theory.
Each chapter begins with the author’s Positionality Statement. We asked the authors of this text
to carefully consider and articulate how their identity and privilege impacts their understanding
of the criminology theory they were writing about. We are grateful to the authors for taking
on this additional task and providing thoughtful and practical contributions to the study of
criminological theory.
We now invite you, the reader, to begin or continue your own personal process of critical
thinking and decolonization. As you read through the chapters of this textbook, you might ask
yourself:
1. Where are your ancestors from? How has your upbringing and environment affected your
views? How does knowing your history and culture inform and influence your life?
2. How is Indigenous history and contemporary culture taught in your school or community?
Based on what you’ve learned, whose perspective is emphasized? Is the settling of Canada
referred to as colonization in your school’s curriculum? If not, how is it described?
3. If you live in Canada, you’re living on colonized land. Do you know whose land you are
living on?
References
Chesney-Lind, M., & Chagnon, N. (2016). Criminology, gender, and race: A case study of privilege
in the academy. Feminist Criminology, 11(4), 311-333.
Cote-Meek, R. (2014). Colonized Classrooms: Racism, trauma and resistance in post-secondary

education. Blackpoint, NS: Fernwood.
Memmi, A. (1965). The colonizer and the colonized. London: Beacon Press.
Moosavi, L. (2019). Decolonising criminology: Syed Hussein Alatas on crimes of the powerful.
Critical Criminology, 27, 229–242.
xxii | Introduction to Criminology

1. WHAT IS CRIME?
Dr. Sean Ashley, Capilano University
Positionality Statement
All human lives are both constrained and enabled by social context. My own family history is
situated within the Maritimes of Canada. I was born in Moncton, New Brunswick, on the
territory of Mi’kma’ki. My parents, Ron and Nancy Ashley, lived their entire lives in New
Brunswick, close to where their ancestors had settled generations before. My maternal
grandfather’s ancestors migrated from Ireland to New Brunswick in 1830. My maternal
grandmother’s family were Acadians who arrived at Fort St. John, Acadia, in 1657. My paternal
grandparents’ ancestors were English Loyalists who settled in what is today southwestern
New Brunswick on the territory of the Passamaquoddy and Wolastoqiyik people, after the
American Revolution.
As a young man I benefited from the privilege that came from being an English speaking, white
settler. I attended Mount Allison University, a school that many members of my family had
previously attended. I don’t recall ever making a choice to go to university; it was simply
always expected given our family’s social position. Despite this privilege, Atlantic Canada is a
poor region, and after graduation I found it difficult to find work, so like many young people I
headed west in search of economic opportunities. I enrolled in Simon Fraser University for my
graduate studies, where I completed my Master of Arts and PhD. I have remained in British
Columbia ever since, settling on the unceded territories of the Tsleil-Waututh, Musqueum,
Stó:lō, Stz’uminus, and Qayqayt nations.
Each of us comes to criminology with our own understanding of what constitutes crime. In
this chapter, you will learn how criminologists define crime and the different ways societies
respond to criminal behaviour. We will first consider how crime was explained in the classical
period of criminology and compare these ideas with Indigenous views of law and justice.
We will also consider the tension between legalistic and social constructionist approaches to
crime, and how criminological theories can be classified into consensus versus conflict-based
perspectives.
The term “crime” derives from the Latin word crīmen, which means judgement or offence (OED,
2022). Many people take crime to mean a violation of criminal and codified law, but in English
the term has always carried broader meanings and has never been restricted to legal codes
1. What is Crime? | 1
(Quinney & Wildeman, 1991). Early Christian writers, for example, frequently used the word
crime as a synonym for sin regardless of secular laws, and English speakers commonly use the
term to talk about any offense or shameful act, such committing a fashion crime (OED, 2022).
While criminologists do not typically concern themselves with fashion, the types of behaviours
studied can range from minor acts of deviance to serious violations of criminal law.
Criminology, the discipline that takes crime as its object of study, first emerged within Europe in
the late 19th century (Boyd, 2015). Of course, people had been dealing with crime and deviance
long before this time, including within Indigenous societies around the world. Criminology as
an academic discipline, however, was the product of something new–the scientific revolution.
Science provided a powerful tool for understanding the nature of criminal behaviour and new
methods for studying crime in society. However, it also encouraged the view that the distinct
ways Europeans thought about crime were universal and objective, rather than the ideas of
people living in a particular place and time.
We can see the Eurocentric nature of these views in the way criminologists applied the new idea
of evolution during the classical period. Early European criminologists, including the followers
of Cesare Lombroso, believed crime was something rooted in our evolution, or more specifically,
in the failure of criminals to develop adaptive traits like empathy and honesty (Garofalo, 1914).
The Lombrosians saw crime as something abnormal–something that could be tracked down
and rooted out, with the help of criminologists, of course. By identifying and eliminating
enough criminals, these pioneering criminologists believed we might be able to get rid of crime
altogether.
This biological approach provided a new way for thinking about crime, yet critics were quick
to point out that the Lombrosians misunderstood both the roots of criminal activity (i.e., why
people engage in criminalized behaviour) and its function (i.e., what crime does for society) (De
Cleyre, 2020; Durkheim, 1982; Tarde, 1886). The French sociologist Émile Durkheim was one
such critic (see chapter 8.1 Crime and Social Norms). He argued that crime in fact is a normal
part of every society and something that can never really be eliminated (Durkheim, 1982). He
also tells us that crime performs an important function for society in that it establishes the
norms for what is acceptable behaviour. Durkheim recognised that all societies develop their
own moral boundaries and that the resultant norms are important for both personal and social
well-being.
While crime is a universal social phenomenon, what counts as crime is particular to each
society. What makes something a crime for Durkheim (1933) is that it “offends certain collective
feelings which are especially strong” (p. 99). Crimes are not, however, just anything that offends
a person’s sense of proper behaviour. Crime represents a form of deviance that calls forth a
strong reaction from society; a reaction that can include a punishment or other forms of social
censure.
Understanding crime in this way helps us avoid some of the mistakes people make when
they think of crime as something that can be permanently eliminated from a society, like
impurities from water. Such a view of crime has led to some rather horrific social experiments,
2 | Introduction to Criminology
including the eugenics movement (see chapter 6 Biological Influences on Criminal Behaviour)
which saw the sterilisation of thousands of people during the early part of the 20th century, a
disproportionate number of whom were Indigenous women (Stote, 2015).
Acknowledging crime as normal is not the same as saying it is good. Nor does this view indicate
why a particular person might commit a crime (e.g., it could well be the psychology of the
individual). Understanding crime as normal means that what comes to be seen as crime is a
product of the society in question, rather than something that resides within an individual; in
that regard, it constitutes a normal part of social dynamics.
1. What is Crime? | 3
2. TYPOLOGIES AND PATTERNS OF
CRIME
Dr. Jon Heidt, University of the Fraser Valley
Social context and history are important to understanding anyone’s background. I am

originally from Bismarck, North Dakota in the United States. My ancestors arrived in the
United States in the early 1900s and came from a variety of European countries including
Germany, Russia, Norway, and Sweden. Many of my ancestors were farmers and were granted
access to land through the Homestead Act—an option that was unavailable to the Dakota,
Lakota, Arikara, Assiniboine, Chippewa, Hidatsa, and Mandan tribes of Indigenous people who
were originally living in Dakota Territory. This is another example of how governments in the
United States (through the Dawes Act and the Bureau of Indian Affairs) and Canada (through
the Indian Act) used the law to ensure that European settlers would have access to
opportunities to be successful. I have benefited greatly throughout my life from this unfair
situation. I also am aware that many more educational and economic opportunities were
afforded to me due to my status as a White male and because of the institutional racism
present in North American society.
Introduction: Thinking critically about crime patterns
This chapter reviews patterns of various types of crime in different contexts of time and place.
But before we examine these patterns, we must first consider the social nature of crime and the
law. While many people take definitions of crime for granted, it is important to remember that
crime is essentially a social construction (Berger & Luckmann, 1966; Quinney, 1970). In other
words, through various social processes—such as voting, political action, cultural practices, and
media debates—society collectively decides which types of behaviour are considered harmful
or criminal. Definitions of crime and criminal law change over time in response to things like
shifting cultural attitudes, significant events, and even technological progress. For example, in
Canada there have been several changes in the past decade affecting the legality of same-sex
marriage, cannabis use, cyberbullying, and hate speech. Finally, criminal law is also influenced
by politics and ideology (Taylor et al., 1973; Quinney, 1974). Given this, some acts that are quite
2. Typologies and Patterns of Crime | 5

harmful to society (e.g., the default credit swaps that caused the 2008 financial crisis) are
perfectly legal, while other acts that cause minor harm (e.g., occasional drug use) are considered
criminal offences.
Although there are disagreements and changing public attitudes about some laws, most people
agree that certain acts should be illegal. For example, murder is viewed as a crime with a few
exceptions—no one wants to live in a world where people can randomly kill each other and
get away with it. Similarly, most agree that there should be laws that protect against theft
of property and assault. Agreement about these values is referred to as consensus. Given
that criminal law is a socially constructed political entity, it is wise to take a critical thinking
approach when examining patterns of crime. We must always consider how forms of behaviour
become defined as a crime, and how the frequency and severity of crime are measured when we
are studying phenomena such as the changing rates, seriousness, or nature of criminal activity
in a society.
3. MEDIA AND CRIME
Dr. Chantal Faucher, Langara College
I am a white, middle-class, cisgender female educator teaching criminology and criminal

justice at snəw̓eyəɬ leləm̓ Langara College, Vancouver, BC, which is situated on the unceded
traditional territory of the Musqueam First Nation. I grew up in the traditional and unceded
territory of the Abenaki people and the Wabenaki confederacy in an almost exclusively white
family and community, several generations removed from my French ancestors who settled in
that area. I had the privilege of being fluently bilingual (French/English), which opened up a
broader range of books and television options to me than most people in Québec could access
at that time. My main early exposure to people different than myself, particularly in terms of
race, ethnicity, and culture, was in fact through the television screen. It was mesmerising! My
uncritical acceptance of the images on the screen was an uncomfortable realisation when I
moved away and continued my formal and informal education. My principal research interests
have been in critical examinations of media representations of young offenders, women and
the law as well as cyberbullying.
Introduction: Why should criminologists study media

content?
You may wonder why criminologists would bother studying crime and justice in the media
since their work consists of studying these phenomena “in real life.” Although media may not
offer a thorough or accurate depiction of crime and justice (as is discussed in this chapter),
it is important to examine the ideas and images they produce. Most of us do not have direct,
ongoing experience with crime (Carter, 2013; Henry & Tator, 2002; Jewkes, 2015). We rely on
other sources of knowledge, such as things we hear from family, friends, and acquaintances or
things we learn about from our government, school, religious institutions, and especially from
the media (Surette, 2015). Most people, when asked about their main source of knowledge about
crime and justice, will cite various forms of traditional and/or social media.
3. Media and Crime | 7

In this chapter, the term “media” is used in the broad sense to include the range of mass
communication products people use: 1) to find out what is happening in their community and
in the world, 2) for entertainment purposes, and 3) to share their ideas, news, photos, etc. with
others, all of which are not mutually exclusive. However, the focus is on news media, whether
in the form of newspapers, radio, television, Internet or other, as most of the research on media
representations of crime have focused on news content.
The ways media represent crime and justice may leave us with a skewed perception.
Nonetheless, it is important to study media images because, for most people, these images
represent most of the information they receive about crime and justice. This reality makes
media messages powerful vehicles for influencing public perceptions of crime and justice.
Further, even though the public may be misinformed about crime and justice, it is rare to find
a person who does not have an opinion about what should be done about crime, how it should
be handled, whether we need more police or longer sentences, etc. Public opinions, regardless
of how they are informed, have an impact on politicians, law, and policy. Criminologists have
access to detailed and empirically based information about crime, which can enable a critical
stance and, hopefully, help educate the public about crime and justice.
This chapter examines the ways in which media content shapes, and is shaped by, public
understandings of crime and justice. Media portrayals are very consequential, as they are the
public’s main source of knowledge about crime and justice issues. The chapter pays particular
attention to the ways crime stories are filtered to become crime news as well as whose interests
are served by those choices. To this end, to start, five theoretical perspectives and some
of their key concepts related to media content are examined: the market model, the social
responsibility model, the propaganda model, the organizational model, and the cultural studies
perspective. The chapter then turns to the process of framing and examines examples of the
ways crime, criminal offenders, crime victims and law enforcement personnel are framed in
media representations. While this chapter is primarily concerned with news media portrayals,
it ends with a brief consideration of the ways new media, such as social media, may disrupt
some long-held media theories and allow a more diverse set of voices and perspectives to be
considered.
4. RACE AND CRIME
Dr. Michael Ma, Kwantlen Polytechnic University
When I immigrated to Canada, I became a hyphenated Chinese-Canadian. As a young child, I

had little agency or control over how I came to be an immigrant-settler subject living on treaty
land in Quebec. Since I was born in Hong Kong, I just swapped one post-colonial identity for
another. As someone growing up in Quebec, I was an immigrant Chinese-Canadian Muslim
anglophone living in a predominantly Jewish neighbourhood in a francophone province. That
experience gave me some unique insights. As an adult, I am trying to make sense of and
reconcile my presence on the unceded territories of British Columbia. This chapter is
written—in part—as a reflection on the way I have experienced and thought about race,
racism, and racialisation in Canada.
Dr. Shereen Hassan’s Vignette:
It was May 1997. I had just finished the Spring semester of my second year at Simon Fraser
University. I was 19 years old and planning my first trip out of the country without family. My
parents, both immigrants from Egypt, were hesitant to allow their daughter to travel without them,
as this sort of independence was not typical of young women “back home.”
Upon arriving in Toronto to catch a connecting flight, my two White friends passed through
customs without issue. However, when I walked up to have my passport scanned, the U.S. customs
official stopped, looked at me, swiped my passport again, and then asked me to come into their
customs office area. At first, I thought it was a simple error and that I would be on my way shortly.
I had no idea that this would be a life-changing moment.
Two hours had passed, and my flight had already left. My friends were on the plane, and I was
stuck in what I now know was an interrogation room. It had a one-way mirror in it; people were
able to see me, but I couldn’t see who was watching me. I had a few different customs officials come
in and question me over the course of four hours, asking where I was from, what the purpose of
my trip was, and who I was traveling with. They asked about my family, which mosque they were
4. Race and Crime | 9

members of, where they were born and what they did for a living. At first, it was interesting; I was,
after all, an undergraduate in Criminology and had an interest in justice. In fact, when they asked
what I was studying at SFU, I told them, and their reaction was priceless: “Ironic.” It most certainly
was.
After some time, one of the customs officials began to empathise with me. I had become quite
emotional when the departure time had passed and my friends were no longer in the waiting
area. I was now all alone and sensed that this was no longer a “random” search, as was initially
suggested. He told me what was in fact going on: They believed that I looked like or was related to
someone who was a wanted terrorist. You can imagine my horror. The name Hassan in the Arab
world is really as common as Smith. Almost everyone I knew had Hassan as a first, middle, or last
name! Naturally, I rejected the notion that I was in any way connected to a terrorist organisation,
and I cooperated with the ongoing questions and subsequent fingerprints and photographs.
Eventually, I was released from the interrogation room and allowed to board the next flight to
New York City. There was no explanation, no apology. At this point, I thought it was all a terrible
mistake and my name had been cleared. I wrote to the Department of Homeland Security, seeking
some sort of explanation. Within weeks, I received a response stating that this was merely a
random search, justified under the guise of national security.
This was just the beginning. Each time I tried to cross the border for a day trip, I was interrogated;
for each flight I took, I was held and interrogated, each time with the same result after hours of
questions, fingerprints, and photographs.
Two years later, at the age of 21, I went to Cairo, Egypt, where my mother’s family still live, to visit
family I hadn’t seen in over 15 years. This is where I learned my experience was not unique to U.S.
travel. This time, I was being interrogated in Arabic, in a room that looked like it was part of the
set of the show Homeland. There were guards in the hallways armed with rifles, the cement walls
were significantly damaged, and the interrogator was smoking a cigar and speaking exclusively in
Arabic. Thankfully, my mother was with me and is fluent, whereas I hadn’t spoken Arabic fluently
since I was a young child.
When she began crying, I knew that this was not a “random” stop. Suddenly, without warning, the
interrogator turned to me and began speaking in English. I was shocked—if he was bilingual, why
had he not been speaking to me in English the entire time? Again, I was asked about my family
connections, where I work, what I study, the mosque where my parents prayed. I was photographed
and fingerprinted. It was an entirely different experience from when I was held in U.S. Customs.
Here, the language was different, the laws were different, and the overall tone of the customs
officials was different. I was terrified. I spent the next 21 days on edge, sleepless and eager to be
back on Canadian soil. I have not been back since.
At the age of 25, I got married. For our honeymoon, I booked a Mexican vacation and made sure
we had a direct flight to avoid any stops or transfers in the U.S. I quickly learned that would not
suffice; simply flying over the United States was cause for concern, and I was held and interrogated
yet again, this time with my husband. He was photographed, fingerprinted, and interrogated. We
missed our flight and a day of our honeymoon.
Shortly upon our return, it was suggested to me that I change my legal name to my husband’s
name on my passport as perhaps that would solve the problem. I thought it was worth a try, and
shockingly it worked. My husband is of Dutch descent. It turns out a Dutch, White last name did
not raise the red flags that my maiden name did. For the next five years, I travelled to and from the
United States without issue.
It was then suggested to me that I apply for NEXUS. My husband began traveling to the U.S. for
work, and he was granted a NEXUS so it would just make things much easier if I too had one. As
I waited for this process to commence, I continued to cross the border for shopping trips, without
issue, until October of 2013. I was traveling with a childhood friend and her newborn son. We were
both interrogated, fingerprinted, and photographed. We were there for seven very long hours. This
was much different than previous “random” stops. They were concerned that I, Shereen Hassan,
had been traveling for years without issue under my married name. In their eyes, as I was told, I
had tried to “cheat” the system. At the end of the seven hours, I was denied access, and I was given
paperwork indicating that I was deemed permanently inadmissible. It hit me—I couldn’t take my
young children to Disneyland, I couldn’t travel for conferences, and I worried my children would
later be denied access as well and that this would impact them in their future educational and
career goals. All this, and I had been a law-abiding citizen and faculty member for 13 years with no
criminal record. It was time to hire a lawyer.
Many steps were taken to try to get to the bottom of what in fact was the cause of these “random”
stops and the eventual denied access. Through a freedom of information request, I received a
45-page document, all of which was redacted, but the following words in the cover letter confirmed
my lawyer’s suspicions: “We have reason to believe that Shereen Hassan has or will become
involved in terrorist activity.” I was left without words.
After my claim that this was a case of mistaken identity, my request was still denied. My last resort
was to apply for a U.S. travel visa. This application would be sent to various other U.S. government
agencies. This was sent in April of 2014, 18 months after being deemed permanently inadmissible
to the United States. All I could do now was sit and wait.
Finally, in June of 2016, I received a package in the mail indicating that my travel visa was ready
for pick up. I was elated. I was granted a 10-year travel visa. The nightmare was over. I could now
plan a trip to Disneyland and travel to watch my husband in his competitions in the United States.
Then, Trump was elected that same year in November. Muslim bans were imposed, and it was
abundantly clear that racial profiling was alive and well. On my next trip, my travel visa was
cancelled and my husband’s NEXUS was revoked, all again without explanation or apology. And so
the saga continues.
I am hopeful now that Biden has been elected that things will change. My lawyer plans to initiate
an inquiry into my case. At the time of writing, Biden has been in office for just over a month,
4. Race and Crime | 11

and things are changing quickly. One can only hope that by the time my now 10-year-old children
graduate from high school, they will be able to apply to U.S. universities and I will be able to move
them into their dorms. One can only hope.
Introduction
This chapter explains how race and racialisation are socially integrated and naturalised in
existing Canadian systems of criminal justice and law. We explore how social-legal and historical
structures, in combination with institutions such as policing, correctional facilities, and border
control, act in unequal and discriminatory ways toward Indigenous, Black and people of colour
as compared to people who are White, of a certain class, and able-bodied. We explore a
framework of the colonial process through which race and racism were historically produced.
We examine how racism is an act that is produced in a systemic manner and manifests itself
socially, culturally, and politically in the unequal treatment of people. Finally, we analyse race
and its operation by breaking it down into the categories of overt, institutional, and systemic
racism.
5. METHODS AND COUNTING CRIME
Dr. Wendelin Hume, Department of Criminal Justice, University of North Dakota
Since the way we ask questions and the way we interpret the answers are often influenced by
our own unique social lenses, we would like to share our social perspectives with the reader
before delving into the discussion of research methods.
I—Wendelin Hume—was born in northwestern Minnesota but grew up in northwestern

Ontario on land that is part of the Whitefish Bay Reserve/Naotkamegwanning Nation where I
and my dad are enrolled. We have no idea of my mother’s ancestry as she was adopted as an
infant and no records have been located. I experienced both the horrors of repeated violence
and victimisation in my youth as well as wonderful traditional teachings under Baptiste, a
respected spiritual elder who has since journeyed on.
I experienced the Father Moss boarding school briefly, and then from grade 6 onwards I
completed my schooling at home on my own with lessons provided by the provincial
government. Later, my family moved back to the United States, and eventually I attended high
school for a year and a half before I graduated. I got married and had children while very
young. Later, to better support my family, I completed a college degree at Black Hills State
College in Spearfish, South Dakota. To try to correct some of the inequities in our justice
system and put my woundedness into service for others, I earned my master’s and doctorate
degrees in Criminal Justice and Criminology with an emphasis in victimology and statistics at
Sam Houston State University in Huntsville, Texas.
I accepted a faculty position in North Dakota to be back up north and closer to family. I missed
the trees and the snow. I missed the people and the land I am familiar with. Being Anishinaabe,
I relate with the cultural background of Turtle Mountain tribal people more than the other
tribes in my state, though I have worked with and developed friendships with members of all
the North Dakota tribes. Part of my research interest is to study problems and successes in
remote rural areas I can still access with some ‘windshield time’ from the University of North
Dakota (UND). It should be noted that, today, UND rests on the ancestral lands of the Pembina
and Red Lake Bands of O jibwe and the Dakota Oyate—presently existing as composite parts of
the Red Lake, Turtle Mountain, White Earth Bands, and Dakota Tribes of Minnesota and North
Dakota. We acknowledge the people who resided here for generations and recognise that the
spirit of the O jibwe and Oyate people permeates this land. As a university community, we will
continue to build upon our relations with the First Nations of the state of North Dakota—the
Mandan, Hidatsa, and Arikara Nation; Sisseton-Wahpeton Oyate Nation; Spirit Lake Nation;
Standing Rock Sioux Tribe; and Turtle Mountain Band of Chippewa Indians.
5. Methods and Counting Crime | 13

Personally, as a member of the Bear Clan, protecting others and trying to improve justice are
important to me. In my research, I try to follow the 3Rs: Respect, Responsibility and
Reciprocity. I demonstrate Respect as I am committed to the wisdom of the elders and others,
and I try to be a good listener. I attempt to show Responsibility as an experienced and
passionate researcher who is looking to improve the world of the next seven generations
through research. I also believe in Reciprocity, and I think both the researcher and the
participants involved in research should benefit from the research enterprise and any
resulting improvements should benefit future generations.
Ashly Hanna, B.A., Department of Criminal Justice, University of North Dakota
I -Ashly Hanna – am Hunkpapa Lakota from Standing Rock Sioux Reservation, Lithuanian and
French Canadian. However, I grew up in Longmont, Colorado, between the custody of my two
parents. In August of 2017, I moved to Grand Forks, North Dakota (ND), to attend the
University of North Dakota (UND), on the lands of the Pembina and Red Lake Bands of O jibwe
and the Dakota Oyate. Here, my Indigenous friends came from various reservations and cities.
Sure, growing up, I knew I was Indigenous. Still, I also had the privilege of appearing white
with very few “Indigenous” features such as high cheekbones and occasionally, I attended
Wacipis or PowWows and did book reports on Sitting Bull. At age 18 at UND, I began my search
for my Indigenous identity by learning my Lakota language and culture. In 2021, I graduated
with my Bachelor’s in American Indian Studies and Criminal Justice. My research focuses on
the recidivism rate of Indigenous peoples and policies at the community level that effect the
reservation to prison pipeline. Even though I am Indigenous, and my family comes from and
lives on the reserves of Standing Rock, conducting research was more complex than I
imagined. I had to be conscious of the various tribal nations in America and Canada and how
different we all are. I also respected that I could not just conduct any research I wanted on my
affiliated reservation. Our ancestors may share similar complex histories, but our upbringing
was indeed different. I had to respect that as an urban Native, I am unaware of their hardships,
and research methods are best when conducted by a team with many Indigenous
perspectives.
Introduction
The main purpose of this chapter is to expose the reader to basic social science research
methods. Most modern research methods have been developed following typical Western
practices. This chapter will provides an overview of those practices as well as offer some
additional methods and frameworks that draw from Indigenous ways of knowing and being.
The chapter begins by providing an overview of the nine main steps in the research process.
Two examples are used for illustrative purposes as the reader is walked through the nine
steps in more detail. We review the process of moving from the formulation of a research
question through to the collection of data, how researchers address the time dimension in
research, and how they assess the quality of research. The chapter also explores the definition
of methodology and provides a brief overview of the various research methods used in the social
sciences, with a discussion of the inductive versus deductive models and quantitative versus
qualitative research methods.
Interwoven within this discussion of research methods is an outline of some fundamental

differences between Western and Indigenous worldviews and the impact of these worldviews
on how we conduct research. The chapter provides a brief overview of the various ways we
measure crime in Canada, including the Uniform Crime Report, the General Social Survey and
self-report data. Throughout the chapter, ethical considerations are discussed. The chapter
concludes with how researchers can move forward with culturally sensitive, evidence-informed
practice.
5. Methods and Counting Crime | 15

6. BIOLOGICAL INFLUENCES ON
CRIMINAL BEHAVIOUR
Dr. Gail Anderson, Simon Fraser University
My name is Gail Scott Anderson, and my background is Celtic. I was conceived in India, where
my father worked at the time, and born in the north of England to a Scottish father and North
Yorkshire mother of Scottish origins. Much of my early life was spent in the former Yugoslavia,
where, again, my father worked. I grew up in Yorkshire, which is originally Celtic territory but
was colonised and conquered many times by a variety of invaders over the millennia. My father
was overseas most of my childhood, but I had a privileged, stable, and happy home. I was the
first in my family to go to university.
I came to Canada to attend graduate school at Simon Fraser University, where I work today on
the unceded traditional, ancestral, and occupied lands of the Coast Salish Peoples including
the xʷməθkwəy̓əm (Musqueam), Skwxwú7mesh (Squamish), Səl̓ílwətaɬ (Tsleil-Waututh), and
Kʷikʷəƛ̓əm (Kwikwetlem) Nations. I am grateful to live on the unceded traditional, ancestral,
and occupied lands of the Kwantlen, Sto:lo and WSÁNEĆ Nations.
I am a biologist, specifically an entomologist, and always wanted to do something useful with

my science. So, I became a forensic entomologist, working on homicide, animal cruelty and
poaching cases. When I moved to the School of Criminology from the Department of
Biological Sciences, I was interested to see how infrequently biology was considered in
criminology, despite all the new and exciting research being conducted on the biology of
criminal behaviour. I developed a course and later a book (now in its 2nd edition) on biological
influences on criminal behaviour to introduce my students to the basic biological
underpinnings of behaviour so they could understand the relatively new field of biosocial
criminology. I feel that this is a hopeful area of criminology as many biological risk factors can
be better managed once we understand them. Also, studying biological factors such as
epigenetic effects help us comprehend why the abuses of residential schools and other forms
of systemic discrimination not only impact the generation abused but also produce biological
effects on future generations.
I fully recognise the white privileges and benefits of the circumstances of my birth and
upbringing and the impossibility of seeing the world from others’ perspectives. We all have
very different experiences and ways of understanding, and scientific thought, as a way of
understanding the natural world, is one of those. Biological approaches are one of many
different ways of attempting to understand criminogenic behaviour, and there are many
6. Biological Influences on Criminal Behaviour | 17

others, such as Indigenous approaches, which, although not covered in this chapter, are no
less valid.
Introduction
This chapter examines current and past biological approaches to the study of crime and
behaviour. Biological theories allow criminologists to differentiate between the effects of
environment, lived experiences, and genotype on antisocial behaviour and understand how the
two interact; to evaluate the impact of stress on the epigenome and how adverse experiences
in childhood may have lasting effects in adulthood and beyond; to understand how the impacts
of lived trauma can be passed to the next generation; to demonstrate how equating a heritable
factor with a behaviour or outcome without considering the social implications of the heritable
factor has led to systemic discrimination and abuses; and to evaluate the protective factors that
have been identified that could be valuable in treatment and intervention.
Origins of Biological Explanations
In the past, many people believed that almost all behaviour, including criminal behaviour, was
based on biology alone with no room for environmental influences, yet these beliefs had no
basis in fact or science; they were simply politically, and often racially, motivated. Furthermore,
many non-criminal issues, such as poverty, destitution, promiscuity, and even masturbation,
were considered inherited behaviour. None of these early beliefs had any basis in science.
In the 18th and early 19th centuries, physician Franz Gall believed that the shape of a person’s
head reflected the shape of the underlying soft brain, indicating which parts of the brain
were responsible for different behaviours. This was called phrenology, and while it is obviously
absurd it acquired an almost cult following in the Western world, though even at the time there
were strong critics. Many of Gall’s “facts” were based on observations of just one person; for
example, a lump on the head of an animal torturer suggested cruelty (Niehoff, 1999). Eventually,
the scientific communities managed to convince the public that phrenology was false science.
Nonetheless, an Italian criminologist by the name of Cesare Lombroso, often considered the
father of criminology, performed “experiments” comparing the features of criminals and non-
criminals (forgetting of course that many people are falsely convicted of crimes and many who
commit crimes are never caught) and stated that certain features or atavisms were indicative
of a born criminal, such as twisted lips, protruding jaws, large noses, sloping foreheads and
even environmental features such as tattoos (Baum, 2011; Niehoff, 1999). Lombroso believed that
such people were inferior, “morally, mentally and physically” (Niehoff, 1999, p.8), and, as they
were born that way, they should be punished due to their perceived threat. These beliefs, along
with the assumption that they could never be helped, led to the frightening ideas of biological
positivism and determinism, even if someone never actually committed a crime.
Although these theories began to fall out of favour, people still incorrectly believed that
tendencies toward poverty, destitution, and petty crime were biologically inherited. Certain
powerful people, led by English eugenicist Francis Galton, began to suggest that the poor who
had very large families were contributing to crime, and it was suggested that the poor should
be “dissuaded” from having children and that the “better” members of society (e.g., richer, upper
classes) should be encouraged to reproduce. This was called positive eugenics, but it rapidly
devolved into negative eugenics in which people considered “unfit” were actively prevented
from reproducing through forced sterilisation (Kupferman, 1991; Niehoff, 1999). This movement
became incredibly popular in the United States, with Americans terrified that the large number
of immigrant families flocking to its shores would overwhelm them, neatly ignoring the fact they
had done the exact same thing to the Indigenous populations who had existed on Turtle Island
for millennia. Immigration laws were passed that allowed new immigrants from “undesirable”
countries to be sterilised before entering the country. Some were forced to take IQ tests in
a language they could not understand and were sterilised for being “inferior” if they failed,
resulting in cultural genocide. Similar movements existed in Europe, peaking in the Nazi
genocides of Jews and other groups during World War II. As the rest of the world began to
acknowledge these atrocities, support for eugenics faltered; however, eugenics persists in our
modern world with the continued, coerced sterilisation of Indigenous women in vast numbers
in the 1970s and still continues to this day right here in Canada (Ataullahjan et al., 2021) (see
Indigenous women in Canada are still forcibly sterilised – report).
In response to the horrors of eugenics, many criminologists ceased exploring biological impacts
on behaviour, wary of anything that suggested determinism, focusing instead on environmental
impacts. In the words of Denno, for the past 30–40 years, most criminologists have not even
been able to say the word “genetics” without spitting (Denno, 2011, p.972).
Unfortunately, because the past was rife with systemic racism that ensured privilege to some,
often justified with references to faulty or false scientific findings (known as pseudoscience),
efforts to explore the true relationships between behaviour, biology, and environment have
been delayed. Biology alone does not determine our behaviour, but then neither does the
environment. Even the old dichotomy of nature versus nurture is wrong—neither act in a
vacuum. Instead, behaviour results from complex interactions of both our biology and our
environment. Human behaviour is certainly influenced by factors such as our genetic
background, our body and brain chemistry, any trauma or damage our brain may receive during
life as well as pollutants and toxins to which we are exposed. However, all these factors are also
influenced by our environment. In fact, much of our biology is plastic and has evolved to be
shaped and changed by our experiences.
6. Biological Influences on Criminal Behaviour | 19

It must, however, be clearly understood that any biological or environmental influence over
a behaviour is only that—an influence. Neither biology nor environment cause crime, but a
certain biological or environmental influence may increase a person’s predisposition to exhibit
criminal behaviour. This is merely a predisposition and does not mean that a person will
commit a crime, any more than having a medical predisposition for a heart attack means that
a person will necessarily have a heart attack. A change in diet or lifestyle may greatly reduce
the predisposition. That is the beauty of studying biological influences on criminal behaviour: so
many predispositions can be managed by a change in environment, peer influence, medication,
or lifestyle.
7. PSYCHOLOGICAL THEORIES OF
CRIME
Jennifer Mervyn, Ph.D., Registered Psychologist with BC College of Psychologists
I am Metis on my father’s side, with my ancestors originating from the Red River area, and
European on my mother’s side. I am a mother of three children who are also Cherokee/
Muscogee on their father’s side. I am working hard to raise my family with a proud and rich
sense of cultural identity, as I believe it is essential to healing from intergenerational trauma. I
have worked in a clinical capacity with vulnerable children, youth, adults, and families for over
20 years and supported a number of young people as they have interacted with the criminal
justice system. Through this work, I have come to believe that the criminalisation of mental
health and addictions only further stigmatises and entrenches our most vulnerable and makes
access to healing more difficult for all. My heart and life’s work are centred around promoting
trauma-informed policies, principles, and practices across all sectors (healthcare, policing,
child services, education) so that we will see healthier individuals, families, and communities
that are able to thrive.
Stacy Ashton, M.A., Crisis Centre BC
I am a white, cis-gender, middle-class professional who has spent her career in the non-profit
sector, including frontline and administrative work in crisis intervention and suicide
prevention. I am committed to community-based crisis and mental health response and have
recently submitted proposals to BC’s Special Parliamentary Committee on Police Act Reform
advocating for a crisis care continuum to drastically reduce the need for police response to
mental health crisis situations.
7. Psychological Theories of Crime | 21

This chapter will begin with the differentiation between individual, evolutionary, and cultural
psychology as applied to criminology. We will explore the impact of personality, upbringing,
cognition, psychopathology, and trauma on criminal and violent behaviour and go on to explore
pathways leading to criminality as well as culturally informed pathways out of criminality. The
basic principles behind psychobiosocial integrative models and the theories they incorporate
will be outlined as well as their limitations and criticisms. This chapter concludes with
identifying trauma-informed approaches to reducing criminality in Canada and provides select
examples of excellence in BC.
Introduction: Why do People Break the Law?
Psychology attempts to answer the question “Why do people break the law?” by studying the
intricacies of the human mind, including how human minds make sense of their environment
and are shaped by evolution, culture, and society. Psychological approaches to explaining
criminal behaviour can be differentiated from one another by looking at where theorists and
researchers locate the flaw causing criminality. Some look to the individual for causes, while
others look to the impact of social and cultural factors. This field of work encompasses many
approaches, theories, and directions of inquiry. In this chapter, we will explore how individual
psychology, cognitive-behavioural psychology, evolutionary psychology, cultural psychology,
and integrative models of criminality answer the questions raised by criminal, or criminalised,
behaviour.
8. SOCIOLOGICAL THEORIES OF
CRIME
Dr. Sean Ashley, Capilano University
All human lives are both constrained and enabled by social context. My own family history is
situated within the Maritimes of Canada. I was born in Moncton, New Brunswick on the
grandmother’s family were Acadians who arrived at Fort St. John, Acadia in 1657. My paternal
grandparents’ ancestors were English Loyalists who settled in what is today southwestern
New Brunswick on the territory of the Passamaquoddy and Wolastoqiyik people after the
American Revolution.
As a young man, I benefited from the privilege that came from being an English-speaking,
white settler. I attended Mount Allison University, a school that many members of my family
had previously attended. I don’t recall ever making a choice to go to university; it was simply
always expected given our family’s social position. Despite this privilege, Atlantic Canada is a
poor region, and after graduation I found it difficult to find work, so like many young people I
headed west in search of economic opportunities. I enrolled in Simon Fraser University for my
graduate studies, where I completed my Master of Arts and PhD. I have remained in British
Columbia ever since, settling on the unceded territories of the Tsleil-Waututh, Musqueum,
Stó:lō, Stz’uminus, and Qayqayt.
This chapter examines sociological approaches to the study of crime. Sociological theories of
crime help us understand why some drug use is stigmatised while other use is not, why crime
is over- and under-represented across social groups, and what alternatives may exist to the
individualistic punishment models that have dominated the criminal justice system since the
19th century. Many of the theories we cover in this chapter were developed by white, male
scholars who held particularly Western assumptions about the nature of crime and punishment.
Nevertheless, by exploring crime in relation to social dynamics we open the door to new
possibilities for dealing with crime in a diverse society.
Indigenous legal traditions are particularly important in this regard. While all traditions change
over time, Indigenous nations in the territory that came to be known as Canada hold distinct
8. Sociological Theories of Crime | 23

conceptions of law and society that provide a path forward and articulate well with the
sociological theories of crime explored in this chapter. For example, Anishinaabe/O jibway
legal scholar John Borrows (2016) explains that within Anishinaabe tradition, freedom is
conceptualised not by the extent to which an individual is free from social constraints but
rather by the health of a person’s interdependencies and relationships, be they with animals,
humans, or the sun, moon, and stars. In Anishinaabewowin, the concept that describes this
state is dibenindizowin, which means “a person possesses liberty within themselves and their
relationships” (Borrows, 2016, p. 6). This conception of the relationship between the individual
and society speaks to the complex ways that freedom and personal responsibility both exist
within a network of social relations that not only constrain our behaviour but facilitate our
freedom to act in the world.
9. LEARNING THEORIES
Dr. Zachary Rowan, Simon Fraser University
We begin this chapter by acknowledging our own positions as authors and presenters of this
criminological perspective. As the first of two co-authors of this chapter, it is not lost on me as
a white male from the United States, educated mainly by scholars that look similar to me, that
1
I am writing a chapter that aims to engage in a meaningful consideration of an Indigenous and
decolonized approach to the study of criminological theory. I grew up in a majority white,
middle-class neighbourhood that rarely faced exposure to alternative views let alone
challenges to that system. Consistent with the theoretical orientation of this chapter, I
attempted to expand my worldview by immersing myself and learning from others at the
culturally diverse University of Maryland, where I earned a Bachelor’s, MA, and PhD in
Criminology and Criminal Justice. It was at University where I experienced my first “othering”
experience as my identity grew to include being a member of the LGBT community. These
experiences and the privileges afforded by my ability to attend University have informed me
and enabled me to research the role that groups, peers, and co-offenders play in facilitating
criminal behaviour. I now work at Simon Fraser University on the unceded traditional
territories of the Coast Salish peoples of the xʷməθkwəy̓əm (Musqueam), Skwxwú7mesh
(Squamish), and Səl̓ílwətaɬ (Tsleil-Waututh) Nations.
Michaela McGuire, M.A., Simon Fraser University PhD Student
1. Indigenous identity is a colonial construct that “describes… thousands of distinct societies with their own names,
governments, territories, languages, worldviews, and political organizations” (De Finney, 2017, p. 11) from hundreds of
Nations, peoples, and/or communities. We use the term Indigenous Peoples to recognise the many Nations, peoples,
and communities that existed (and still exist) as sovereign Nations prior to European contact. See How to talk to
Indigenous People for more information
9. Learning Theories | 25
As the second co-author, I am a current PhD student and my research focuses on the
interconnection between belonging and justice. I grew up in Burnaby, B.C., visiting my other
home (Haida Gwaii) every summer. I grappled to find my place in this world amongst racism,
stereotypes, colonialism, educational streaming, and micro-aggressions. I have often felt as
though I was of two worlds – in terms of my ancestry (Haida, O jibwe, British & Irish), my
physical location (the Lower Mainland & Haida Gwaii), and general sense of self. I have come to
understand that education is powerful, and it feeds resistance, revitalization, decolonization,
and resurgence. Learning about the ongoing impacts of colonialism, genocide, racism, and the
complicity of the colonial state in perpetuating harm against Indigenous peoples through its
institutions has fueled my desire to seek justice.
Introduction
This chapter explores differential association theory and social learning theory. We review how
learning theories are used to explain various types of crime and the role of different sources of
influence, critically evaluate strengths and limitations of the theories, and provide commentary
2
on these perspectives using a decolonial lens. This chapter will also take stock of how these
perspectives were largely derived by Western, white, and male scholars who ignore Indigenous
peoples’ pre-existence and experience.
2. For the purposes of this chapter we define a decolonial approach as a critical examination of colonialism, including the
complicity of the discipline of criminology in the colonial project. A decolonial approach challenges the status quo
namely the structures and systems that perpetuate oppression and systemic racism. We do our best to integrate this
approach in this chapter; however, we recognise that in this limited space we are unable to grapple with the
complexities of colonialism, decolonial approaches and the complicity of the state. See Nikki Sanchez Decolonization
Is for everyone.
10. CRITICAL CRIMINOLOGY
Kelly Gorkoff, PhD. University of Winnipeg
I am a cis-white female who grew up in a working-class home that was strongly leftist
politically. I was raised, and completed my undergrad work, in Winnipeg, Treaty One Territory
and homeland of the Metis people. As an MA student and for 6 years after, I worked with a
national feminist research group established after the Montreal Massacre where I examined
gender-based, colonial violence. I studied political economy and sociology in Ontario, on
unceded Anishinabe Algonquin territory, and I landed back on Treaty One Territory where I
continue to teach, research, and work to understand the dynamics of marginalisation and
inequality, power and politics, ideology and subjectivity.
Kevin Walby, PhD. University of Winnipeg
I am a cis-white male who grew up in Saskatchewan, including in small towns and rural areas.
I was raised, and completed my undergrad work, in Saskatoon, Treaty Six Territory and part of
the homeland of the Metis people. I studied sociology in Ontario, on unceded Anishinabe
Algonquin territory, and I landed on Treaty One Territory where I continue to teach, research,
and work to understand the dynamics of policing, surveillance, and security using qualitative
and investigative research methods.
10. Critical Criminology | 27

Introduction
Critical criminology encompasses a set of concepts and ideas examining how crime and
criminal justice agencies are used as a form of social power that benefits some groups over
others. It investigates (in)equality by examining the oppressive nature of criminal justice
agencies, law, and the social practices of criminalisation and marginalisation. That said, defining
critical criminology is a difficult task and we agree with Ratner (2006) that it is “difficult
to pin down.” This is because almost any form of criminology that attempts to interrogate
power and investigate dominant social institutions could be construed as critical criminology.
By no means can we settle any debates about exactly what critical criminology includes and
excludes in this short chapter. All we can do is provide an outline of some of the key works
in this area, as we see it. This account includes the rendering or production of criminological
knowledge (Lynch, 2000; Quinney, 1979) and certainly has gaps. Also, we will not be able to
go into some critical criminological contributions deserving of attention, such as anarchist
criminology (Walach et al., 2021; Walby, 2011), constitutive criminology (Henry & Milovanovic,
1991), or newer developments such as quantum criminology (Milovanovic, 2013). Nonetheless,
we provide a critical explanation of some key texts, while pointing to current trends and future
directions for critical criminology to consider and further develop.
The chapter begins with an understanding of what the critical turn in criminological scholarship
means. Then it examines the foundations of critical thinking by examining the basics of the
work of Marx and related approaches to studying criminology including the difference between
instrumental and structural Marxism. It then examines the work of Foucault and his
contemporaries. Here we explain the difference between Marxist power and Foucault’s
conception of disciplinary power. The chapter then examines the contemporary abolitionist
thought as central to critical criminology moving forward. The chapter ends with a description
of the use of freedom of information requests and computational methods as it relates to critical
criminology research.
11. FEMINIST CRIMINOLOGY
Dr. Rochelle Stevenson, Thompson Rivers University
My name is Rochelle Stevenson, and I identify as a white, heterosexual, cisgender woman. I

currently live in Kamloops, BC, on the lands of the Tk’emlúps te Secwépemc within
Secwépemc’ulucw, the traditional and unceded territory of the Secwépemc peoples. I am an
uninvited guest in their territory, and I am grateful for the hospitality of the Secwépemc
people as I live, work, and learn on their lands. I share my life with my partner, and we are
parents to a wonderful Standard Poodle and two adorable cats.
I was born and raised in Oakville, Ontario. My parents were both Canadian-born, as were my
grandparents. My great-grandparents immigrated to Canada from Ireland and France, settling
in Quebec and Ontario. Despite the fact that neither of my parents had attended university,
we enjoyed a great deal of financial and social privilege. It was not until returning to university
as a mature student to pursue my degree in Criminology that I truly realized the extent of that
privilege. Confronting my privilege was very uncomfortable, but critical to my growth as a
scholar and a person. My early studies opened my eyes to the stark contrasts in experience,
comparing my own experiences of private ski clubs and private schools to reading about
women who didn’t leave abusive relationships because they had no resources. More than once
I questioned whether I was in the right space, but my desire to effect change was the driving
force to continue.
My research is firmly centred in a feminist space with its anti-oppression framework, paired
with the non-speciesism of the human-animal bond. My work over the past 15 years has
centred on the intersection of intimate partner violence and animal mistreatment, recognizing
that companion animals are family members too, and domestic violence can include abuse
towards animals in the home. My drive for change includes advocating for pet-friendly spaces,
such as domestic violence shelters and housing, so that the family (animals included) can
remain together while healing from violence. Though this work is emotionally challenging
(even heartbreaking) at times, and I consistently wrestle with my own position of relative
privilege, my furry family members are my inspiration to keep moving forward to create a safe
and inclusive society.
Dr. Jennifer Kusz, Simon Fraser University
11. Feminist Criminology | 29

My name is Jennifer Kusz, and I am white, heterosexual, settler. My background is English/

Scottish and Italian. My father was RCMP for 31 years, and as a child we moved around B.C. a
lot. I spent time living in small communities, including Port Hardy, Masset and then back to
Vancouver Island as a young adult. My mother worked as a 911 operator, and then various
bookkeeping jobs. I grew up believing we were middle class, but relative to the many people
we were living alongside we lived a privileged life. There was always food on our table, we were
able to plan for family vacations to Disneyland and Hawaii, and when we lived in what the
RCMP defined as remote communities, there was funding available for us to travel. Neither of
my parents completed university and being able to pay for both their daughters to attend
university was an important goal for them. My sister and I went to university straight out of
high school and graduated with our undergraduate degrees without any student debt, thanks
to the generosity and privilege bestowed upon us by our parents. Currently, I live with my
partner, three children, five cats and a dog. We live, work, teach, and learn on the ancestral,
traditional, and unceded Indigenous territories of the Snuneymuxw, Quw’utsun and Tla’Amin
peoples.
I am a feminist and a criminologist. I have spent more than 10 years researching and
supporting victims of domestic and sexual violence. My line of work and research intersects
with the intergenerational violence that Indigenous peoples have experienced for centuries.
Over time, my understanding of the harms has broadened to consider how Indigenous people,
particularly women, are simultaneously impacted through their experiences as women,
interests with their experiences through colonization, intergenerational trauma, and systemic
discrimination.
I continue to work through and unpack my own privilege, and attempt to use my power and
privilege to educate students, colleagues, family and friends about privilege, power, racism,
and discrimination. I will continue to be an ally with those who are in positions of less power
and privilege than I.
Dr. Sheri Fabian, Simon Fraser University
My name is Sheri Fabian and I identify as a white, heterosexual, settler woman. I now live in
Coquitlam, BC on the unceded traditional, ancestral, and occupied lands of the Coast Salish
peoples including the xʷməθkwəy̓əm, Skwxwú7mesh, Səl̓ílwətaɬ, and Kʷikʷəƛ̓əm Nations. I
acknowledge these are stolen lands, the harms and mistakes of the past and present, and I
dedicate myself to moving forward as an accomplice with Indigenous communities in a spirit
of reconciliation and collaboration.
My paternal grandparents immigrated from Scotland and Ireland, and my maternal
grandfather was Slovakian, born in what was then Czechoslovakia, immigrating to Canada
alone at 14. My maternal grandmother was born in Saskatchewan and she and my grandfather
relocated to Kelowna, in the interior of BC. My father was born in Salmon Arm, BC, my mother
was born in Kelowna, as were I and my brother and sister. Growing up, I was one of very few
my age whose parents were born in BC, and it was even more unlikely that my classmates’
grandparents were born in Canada, let alone BC. My husband and I have one daughter who
lives in Edmonton, and we are about to be first-time grandparents. I live with my husband and
four cats.
I moved Vancouver in 1980 to attend UBC, completing a BA in English and Sociology as a first
generation university graduate. I’ve remained in the greater Vancouver area since then and I
am now a University Lecturer in the School of Criminology at Simon Fraser University. I only
began to understand my own privilege when I attended university. I became more aware of
that privilege as I spent 15 years validating residential school survivor claims. That research
helped me better understand the colonial project of the Canadian government that continues
to harm Indigenous peoples today. That work continues to shape who I am, my relationships
and interactions with others, and how I teach. One of my greatest joys is helping students see
their own potential, paying forward the very gift my mentors gave to me.
Dr. Tara Lyons (she/her), Kwantlen Polytechnic University
I am a queer cisgender woman of English, French, Irish, and other mixed European descent. I
grew up on unceded, ancestral, and traditional Lheidli T’enneh territories and currently live on
unceded, ancestral, and traditional Səl̓ílwətaʔ/Selilwitulh (Tsleil-Waututh), Kʷikʷəƛ̓əm
(Kwikwetlem), xʷməθkwəy̓əm (Musqueam), Skwxwú7mesh (Squamish), and Stó:lō territories.
It took me some time to find my way through an undergraduate degree including stops at
BCIT, Douglas College, and Simon Fraser University. Gender studies classes at Douglas College
were the first to open up my views of patriarchy and how my positionality shapes my
experiences and understandings of the world I occupy. These and subsequent classes pushed
me to think critically about the harms of feminist approaches that are exclusionary and
11. Feminist Criminology | 31

narrowly focused on cisgender White women perspectives. My most valued learnings
throughout graduate studies at Concordia University and Carleton University were call ins,
collaboration, and actions with communities of folks engaged in drug policy, prison abolition,
and anti-capitalist activism. I am one of the first in my family to attend a post-secondary
institution.
Introduction
At the 2019 American Society of Criminology conference, Meda Chesney-Lind’s address focused
on the overwhelming role gender still plays in the criminal justice system, both in the
victimisation and criminalisation of women, and the presence of sexism and racism in
criminology at large (Chesney-Lind, 2020). Chesney-Lind has been referred to as the “mother
of feminist criminology” (Belknap, 2004, p. 2), and her critique stings, especially considering the
past 50 years of work by feminist criminologists. Feminist criminology, at its core, highlights
issues of inequality and power rooted in patriarchy (for an explanation of patriarchy, see What
is patriarchy?), and the intersecting and embedded oppressions of race, colonialism, class,
sexualities, and gender within the context of crime and criminality. As Chesney-Lind (2020)
points out, as a discipline, “criminology needs to be more clearly engaged in [feminist] research
to undo its history of sexism and racism” (p. 419).
In this chapter, we feature feminist criminology as an important area within the broader
discipline of criminology. First, we identify the foundations of feminist criminology, the
contributions of feminist thought to existing explanations for criminality, victimsation, and
offending, and the issues that brought feminist criminology to the surface. Next, we focus on
the treatment of women in the criminal justice system and how intersecting social identities
impact women’s experiences of violence and criminalisation. We include the human rights
crisis of murdered and missing Indigenous women as one example of this intersectionality
reflected in the criminal justice system. We end with a summary of historical and contemporary
critiques of feminist criminology. Throughout the chapter, we also incorporate the important
work of Kimberlé Crenshaw (1989) on intersectionality (see Kimberlé Crenshaw: The urgency of
intersectionality), and the work of Black scholars like Angela Davis, Hillary Potter, and Crenshaw
to shift feminist criminology’s focus away from primarily White, middle-class, heterosexual
women.
12. CULTURAL CRIMINOLOGY
Dr. Steven Kohm, University of Winnipeg
I am a non-Indigenous, white settler scholar of mixed European and Ashkenazi Jewish

ancestry, born and currently residing on traditional territories of the Anishinaabeg, Cree,
Dakota, Dene, Métis, and O ji-Cree Nations in what is now Winnipeg, Canada. At the University
of Winnipeg where I teach courses in criminology and criminal justice, formal land
acknowledgements usually begin by recognizing that this area is within Treaty 1 Territory—the
first of several numbered treaties between British colonizers and Indigenous peoples in what
is now western Canada. Although this land was taken from Indigenous peoples using the legal
framework of a treaty, those who live here today are haunted by the ghosts of colonialism. My
childhood home was located two blocks from the former Assiniboia Residential School, which
operated from 1958 to 1973. By the time I was old enough to notice, it was long abandoned,
boarded up and left for bored teenagers to break into at night. I’m still haunted by the memory
of the dusty rooms, rusty metal bedframes, and darkened hallways left behind as traces of a
genocide that took place right in my own backyard. Growing up in Winnipeg, I never gave
clean, plentiful drinking water much thought. However, years later I discovered that the city’s
water is sourced from Shoal Lake 40 First Nation via an aqueduct connecting the city to a
small Indigenous community in Northwestern Ontario. In order to ensure white settlers had
clean water, this Indigenous community was forced to move to an island that was cut off from
the mainland without all-weather road access for one hundred years until the completion of
“Freedom Road” in 2019. Ironically, the community endured for more than 25 years under a
boil water advisory while we enjoyed clean, plentiful drinking water. I am haunted by the
colonial foundations of this nation and this city, which have brought me and my settler
ancestors great benefit while displacing, marginalizing and criminalizing Indigenous people.
This chapter is a small reflection of my commitment to reconciliation and reckoning with
colonialism, and I hope it demonstrates that cultural criminology can play a role in exposing
and critiquing the colonial injustices that continue today.
12. Cultural Criminology | 33

Introduction: Something Old, Something New, Something
Borrowed, and Something [Black and] Blue
This chapter introduces students to cultural criminology, a perspective that reworks and
breathes new life into the study of crime and crime control by adapting older methods and
theories to present contexts. Culture is a foundational concept of the perspective, and cultural
criminology views culture as dynamic—always shifting and evolving. Cultural criminology
examines the way culture both reflects and affects crime and crime control, while also
examining how certain cultural practices are criminalised. Cultural criminology was influenced
by the Chicago School of Sociology; the new deviance theory of the 1960s, including subcultural
and labeling theories; as well as interactionist theories from Britain, most notably moral panic
theory. Cultural criminology shifts the focus of criminology away from background factors such
as age, social class, and racialised identity; and emphasises instead the immediate “existential
‘foreground’ of crime” (Hayward, 2016, p. 299), or the immediate pleasures and experiences of
those who break the law. Cultural criminology is a critical perspective that examines social and
economic shifts in contemporary times—an era referred to by social theorists as [pb_glossary
id=”250″]late modernity[/pb_glossary] (Giddens, 1984, 1990). Cultural criminologists argue
that capitalism is transformed in important ways in late modernity, resulting in the
commodification of lifestyles and the image and treating crime and punishment as objects
to be consumed pleasurably as popular entertainment in film, TV, music and video games
(Young, 2007). In summary, cultural criminology is a rapidly evolving subfield that includes
many approaches, but at core is a three-part “framework concerned with meaning, power, and
existential accounts of crime, punishment and control” (Hayward, 2016: 300, original emphasis).
13. GREEN CRIMINOLOGY
Dr. Gregory Simmons, Kwantlen Polytechnic University
I am a white male who hails originally from the United Kingdom, a key historical centre of
colonial and imperial power in relation to what we now call North America and across the
globe. When I was 14, my family moved to northern British Columbia, on the territory of the
Lheidli T’enneh people, where I witnessed firsthand the effects of colonialism and systemic
discrimination against Indigenous peoples. My own privilege was made more apparent to me
upon attending university, where the under-representation of Indigenous peoples was a
striking reality. After completing a law degree at Osgoode Hall in Ontario, I worked in the non-
profit environmental sector. Here, it was brought home how so much of the conflict,
disrespect and injustice visited upon Indigenous peoples is rooted in environmental
exploitation and how Indigenous peoples were so often on the frontlines of resisting that harm
and defending their (often unceded) territory. Later in life, I went back to school to complete a
Ph.D. in Criminology at Simon Fraser University, which was informed by this experience. I
strive to be alive to and honour such struggles and to forward a green criminological praxis
that hopefully can play a positive role in the much bigger process of reconciliation.
Dr. Rochelle Stevenson, Thompson Rivers University
I identify as a white, heterosexual, cisgender woman. I currently live in Kamloops, BC, on the
lands of the Tk’emlúps te Secwépemc within Secwépemc’ulucw, the traditional and unceded
territory of the Secwépemc peoples. I share my life with my partner, and we are parents to a
wonderful Standard Poodle and two adorable cats.
13. Green Criminology | 35

as a mature student to pursue my degree in Criminology that I truly realized the extent of that
privilege. Confronting my privilege was very uncomfortable, but critical to my growth as a
scholar and a person. My early studies opened my eyes to the stark contrasts in experience,
force to continue.
with the anti-speciesism of the human-animal bond. My work over the past 15 years has
remain together while healing from violence. Though this work is emotionally challenging
(even heartbreaking) at times, and I consistently wrestle with my own position of relative
privilege, my furry family members are my inspiration to keep moving forward to create a safe
and inclusive society.
Dr. Mark Vardy, Kwantlen Polytechnic University
I am a white male born in the Cowichan Valley where I was raised by parents who immigrated
from England to Canada to work as school teachers. The intersection of privilege that I occupy
became apparent to me when I was raising my daughter as a full-time single parent on a low
income. I saw the differences between my ability to navigate social welfare systems and the
obstacles that other young single parents faced. While we had similar economic situations, I
realized that I had what I later learned in post-secondary was called “cultural capital.” That is,
my middle-class upbringing enabled me to express myself in ways that could be understood
by workers within the social welfare system. I still see frequent occurrences of white privilege
when people seem to grant me a certain kind of status, power, respect or authority that strikes
me as an artefact of colonialist cultures of white supremacy. Like Greg and Rochelle, I hope to
use my position of privilege to work towards transformative social change.
Introduction
Green criminology is a perspective that challenges taken-for-granted notions of crime and

harm in relation to humans, other species, and the natural world. While green criminology’s
questioning of traditional criminological assumptions affords the opportunity to examine
Indigenous knowledge, ways of knowing, and concepts of justice through an indigenous lens, to
date, the field remains largely grounded in a Western worldview. Green criminology as a theory
holds the potential to include Indigenous knowledge and understanding of the natural world to
steward a just and sustainable future.
In this chapter, we first define green criminology and its core components, and outline how
green criminology is distinct from environmental criminology. Next, we discuss the three main
ecophilosophies and explore various approaches within green criminology. We then describe
environmental victimisation through green criminological perspectives on justice. Throughout
the chapter, we provide real-world examples to illustrate the application of green criminological
perspectives to current problems, specifically those that impact Indigenous peoples, which
demonstrate how these perspectives are interconnected.
13. Green Criminology | 37

14. VICTIMOLOGY
Dr. Jordana K. Norgaard, BC Ministry of Public Safety and Solicitor General
My name is Jordana Norgaard, and my background is primarily English and Scottish (or at least
that’s what my ancestry results showed). I was born and raised on the unceded traditional,
ancestral, and occupied lands of the Coast Salish Peoples including the xʷməθkwəy̓əm
(Musqueam), Skwxwú7mesh (Squamish), Səl̓ílwətaɬ (Tsleil-Waututh), and Kʷikʷəƛ̓əm
(Kwikwetlem) Nations, in Vancouver, British Columbia. I attended Simon Fraser University to
originally pursue a career as a history teacher. However, my plans changed after I took my
first criminology course. I immediately fell in love with the discipline and knew I had to switch
majors. I eventually found myself in graduate school, earning a Master of Arts and Doctor of
Philosophy in Criminology. My research focused on transit environments, crime prevention,
and victimology. As I started to teach, I recognized that victims and/or survivors of crime
were often overlooked throughout the criminal justice system. I found myself more drawn to
find ways to empower survivors of crime by doing more than teach. I decided to leave
academia and began working as a policy analyst for the provincial government in BC. My work
helps provide a voice to survivors who are most vulnerable by researching strategies and
initiatives to help provide direct support to those impacted by gender-based violence, human
trafficking and much more. I recognize the immense privilege I hold as a white and educated
female. I aim to write from a perspective of compassion, understanding, and respect. I hope
for all of those reading, you come away with more insight about the role victims and/or
survivors hold in the criminal justice system and to show kindness towards those who bravely
re-tell their experiences of victimization in hopes of making the future safer.
Dr. Benjamin Roebuck, Victimology Research Centre, Algonquin College
My name is Benjamin Roebuck, and my family history is rooted in white, settler-colonialism.

My father’s British ancestors settled on Mi’kmaq lands on the east coast in the late 1700’s, and
14. Victimology | 39
my mother immigrated from the United Kingdom with her family when she was a child. I
respectfully acknowledge that I was born and raised on the traditional territory of the Michi
Saagiig Anishinaabeg, which includes Curve Lake First Nation, Alderville First Nation, Hiawatha
First Nation, and the Mississaugas of Scugog Island First Nation. Settlers renamed the
Nogojiwanong area, meaning “place at the end of the rapids,” to Peterborough, and anglicized
the Odenabe river to Otonabee. As an adult, I have lived and worked on the traditional
unceded, unsurrendered territory of the Anishinaabe Algonquin People. The Algonquin word
adawe, meaning “to trade,” is believed to be the origin of the name Ottawa, which was used by
settlers to refer to the people who hunted and traded along the Kichi Sibi, meaning “great
river.” I acknowledge the pain and victimization Indigenous Peoples have experienced through
policy and legislation imposed from this region by the Government of Canada. In my extended
family, through adoption or marriage, I have witnessed the intergenerational harms of
colonization, and the beauty and resilience of Indigenous cultures and teachings. I am grateful
to Indigenous Elders, friends, and family members who have generously shared their wisdom.
May I honour these teachings and partner in the work of reconciliation with humility.
Introduction
Victimology is the scientific study of victimisation within society. It is a grounded social science
derived from the narratives and experiences of survivors of crime and, like criminology, it
explores broader social questions about how people come to experience violence, how those
experiences are understood within society, and the imbalance of power between the various
actors in the criminal justice system. Victimology should not be defined as the study of “victims.”
This would be akin to describing criminology as the study of “criminals” without acknowledging
the value-laden nature of the word and the power dynamics that shape its use. Victimology
is often understood as emerging as a sub-discipline of criminology, and later emerging as a
distinct yet overlapping discipline exploring a different set of questions than criminologists
(Spencer & Walklate, 2016; Wemmers, 2017). Victimology research often identifies and defines
types of victimisation, explores how they are measured, and examines relationships between
victims and perpetrators and the experiences of survivors in the criminal justice system, victim
services, and society (Karmen, 2020). The World Society of Victimology brings together
international academics and practitioners to advance the scientific study of victimisation and to
advocate for improvements to victim rights.
In this chapter, our discussion will focus on crime victims and the role they have within
both the criminal event and the criminal justice system. We will examine theories that help
explain why some victimisation occurs, followed by the advantages and limitations of measuring
victimisation. Our discussion will also provide an overview of victim rights in Canada, along
with a discussion on the types of victim assistance and services available to victims of crime
and survivor reactions to services. We will profile victimisation reports that focus on Indigenous
Peoples and provide a link to a documentary that explores racism in the criminal justice system.
14. Victimology | 41
15. CRIMES OF THE POWERFUL
Michael Brandt, M.A., Coast Mountain College
Positionality refers to the belief our individual experiences in the world, our privileges and
disadvantages, and our social locations (e.g., gender, social class, ethnicity) influence how we
perceive, interpret, and understand the world. Making a “positionality statement” is an
opportunity for me to introduce myself to you, the reader, and make visible factors that have
influenced how I perceive, interpret and understand the world. This chapter challenges the
dominant narrative that crime is predominately a problem of young males from the lowest
socioeconomic strata. My own personal “challenge” to a dominant narrative began quite
young. I was born in Canada at a time (early 1960s) when heterosexism was the norm,
engaging in same-sex behaviour was a criminal offence, and when members of the LGBTQ
community were labelled deviants. This kept me “in the closet,” fearful that revealing my own
sexual orientation would result in rejection by my friends and family, and in a diagnosis of
mentally disordered. I have benefitted from (or not been penalized for) being a white, middle
class, and cisgender male. I have never been subject to racial profiling by police or been
denied a job because of my skin colour. I have never had to worry about being able to pay my
bills or worried about where my next meal would come from. I have never been the object of
sexual discrimination or been paid less because of my gender. However, my sexuality made me
an outsider, a member of a marginalized and stigmatized community. It also made me question
the prevailing norms of society, and why they existed. I have brought that questioning of
prevailing norms and applied it to the official definition of crime and current operation of the
criminal justice system.
Introduction
The image of the typical offender created through the way the criminal justice system operates,
and through a reliance on official sources of crime data (such as the Uniform Crime Reports
– see 5.6 Sampling), is of a young male, from the lower socio-economic strata, who is
disproportionately likely to be Indigenous or Black. This image is in stark contrast to who
is responsible for most physical and economic harm on our planet: middle-aged and older,
affluent, white males holding positions of social, political, and economic power in society. These
15. Crimes of the Powerful | 43

men are executives in corporations and financial institutions, senior members of the military
(particularly those responsible for military spending), and officials within government and their
advisors. C.W. Mills referred to them as the “power elite” (Mills, 1956, p.1) and argued that
their key positions in economic, political and military institutions helped ensure their harmful
behaviours would be less likely the subject of the criminal law and that when their behaviours
were subject to criminal law, their positions helped facilitate their criminal behaviour, and evade
detection. Consider the following:
Years of dumping mercury near the Grassy Narrows First Nations Reserve in Ontario
by the Reed Paper Company has poisoned soil, water, fish and other wildlife. This has
led to sickness and disease, including paralysis, coma and death (Bruser & Poisson, 2017;
Ilyniak, 2014).
Politicians, heads of state, business people and other high-income individuals have been
caught hiding money in off-shore tax havens to evade paying taxes. Total losses: billions
of dollars annually (Obermayer & Obermaier, 2017).
Pharmaceutical companies, including Purdue Pharmaceutical and Johnson and Johnson

have downplayed the addiction and risks associated with their opiate drugs, and
encouraged the mass prescribing of opioids. Total dead from overdoses: over 400,000
(McGreal, 2019; Taub, 2020, p. x).
The Office of Inspector General has revealed that the U.S. Defence Department cannot
account for $21 trillion dollars of spending between 1998 and 2015 (Michigan State
University, 2017).
A chemical plant operated by Union Carbide of India exploded as a result of poor

maintenance. More than 150,000 were injured and between 10 and 25,000 were killed
(Bhopal Medical Appeal, n.d.; Taylor, 2014).
This chapter explores events like those described above. While responsible for enormous
physical and financial harm, these events, and ones similar to them, are not always defined
as crimes. Instead, they may be defined as regulatory offences, resulting in fines rather than
prison time for perpetrators. When they are defined as crimes, they are less likely to be
investigated and to result in a prosecution or conviction than traditional “street crimes”, such as
robbery or assault. After all, police patrol city streets, not corporate boardrooms or the offices
of government. As a result, many of the crimes and harms perpetrated by the most powerful
members of society remain undetected and are not typically imagined as part of the “crime
problem.”
16. ENVIRONMENTAL CRIMINOLOGY
Dr. Tony Verbora, Department of Sociology and Criminology, University of Windsor
Before we continue, it is important to discuss how my positionality and privilege impact my

understanding and articulation of the world. Positionality is important because it affects the
way we see and interpret the world around us, and consequently, how the world sees and
interprets us (Jacobson & Mustafa, 2019). To begin, my mother was born in Ardore, Reggio
Calabria, Italy and my father was born in Windsor, Ontario, Canada. Both my paternal and
maternal grandparents left Southern Italy to move to Canada in the mid-to-late 1950s to
provide a better life for their children. Italian emigration was fueled by dire poverty. Life in
Southern Italy offered little more than hardship, exploitation, and violence. The soil was poor
and malnutrition and disease were widespread.
I was born in the late 1980s and was raised in Windsor, Ontario, Canada with two older siblings
(sisters). In regards to the land I inhabit, I recognize that Indigenous peoples are the modern-
day descendants of the first human inhabitants of North America. I was raised in a middle-
class family that placed the upmost importance on education and being financially
independent. As a White privileged man, I recognize that there are inherent advantages
possessed by a White person on the basis of their race in a society characterized by racial
inequality and injustice. I do believe that having and recognizing my White privilege is
important. My White privilege exists because of historic, enduring racism and biases. And
although I have family, friends, and colleagues from all walks of life, I will never experience or
understand their lived experiences. I do, however, acknowledge this and I do my best in
academia to shed light on these important issues when I am given the opportunity to do so.
Introduction: The Study of Crime, Criminality, and

Victimisation: an Examination of Theory, Analytic
Approaches, and Application
This chapter will discuss violent and non-violent property crimes using environmental
criminological frameworks to help explain causation, while acknowledging the impacts of
colonialism and systemic oppression on Indigenous peoples, including those who come into
16. Environmental Criminology | 45

conflict with colonial law. This is important for a variety of reasons. First, the police, the courts,
and other institutions may discriminate against Indigenous peoples (Allen, 2020). Further,
systemic oppression, racism, and colonisation include institutional racism and discrimination
sanctioned by the police, courts, and corrections against Indigenous peoples. As a result,
Indigenous peoples are more likely to be apprehended, prosecuted, and convicted. Second,
contact with Western culture and colonialisation has disrupted social life in many Indigenous
communities. This disruption has led to a weakening of social control over community
members. Why is this important? Well, some may argue that certain races are inherently more
law-abiding than others, but they are able to hold such an opinion by ignoring the powerful
social forces that cause so many Indigenous peoples to be incarcerated in Canada (Fitzgerald et
al., 2019; Monchalin, 2016). Third, a disproportionately large number of Indigenous peoples are
incarcerated (Fitzgerald et al., 2019; Monchalin, 2016) and poor (Islam & Sheikh, 2010). Although
the great majority of poor people are law abiding, poverty and its handicaps are associated
with elevated crime rates (Pantazis & Gordon, 2018). Lastly, according to scholars in the field,
Indigenous peoples commit crimes that are more often visible than those committed by non-
Indigenous peoples. For example, street crimes (e.g., burglary, larceny-theft, motor vehicle
theft, and arson) are more visible than suite crimes (e.g., corporate crimes: crimes of the
powerful) and they more often lead to prosecution and conviction (Friedrichs, 2019). This is
a part of systemic oppression and colonialisation through the imposition of the Indian Act in
which Indigenous peoples are policed, patrolled, and monitored. Since street crimes are more
visible, charges and convictions are higher than for white-collar or suite crimes (Allen, 2020).
This chapter endeavours to provide you with a strong understanding of environmental

criminology and its core concepts (e.g., crime patterns and spatial factors). To begin, you
will be given a brief explanation of the difference between environmental criminology and
green criminology. Then, this chapter will provide a discussion on the theories within the
environmental criminology framework: routine activity theory, geometric theory of crime,
rational choice theory, and pattern theory of crime. Furthermore, the chapter briefly discusses
the implications of environmental criminology, both theoretical and practical, for preventing
crime. The chapter concludes with a discussion of why environmental criminology is important
to the field of criminology in understanding the spatial and temporal dimensions of crime.
Throughout the chapter, you are asked to keep in mind that the environmental criminological
frameworks discussed have been mainly built upon a Western view of human nature and to
recognize that Indigenous populations have suffered the effects of colonisation and systemic
oppression that have led to their overrepresentation in the Canadian criminal justice system.
The Indigenous experience of forcible removal from traditional lands and territories has shaped
the narrative of interconnectivity between poverty and crime You are also reminded to
understand and respect that differences amongst Indigenous worldviews and Western
worldviews are essential because there are opposite approaches to knowledge, connectedness,
and the lived experience involving crime.
17. RESTORATIVE, TRANSFORMATIVE
JUSTICE
We, the authors of this chapter, were both raised on the unceded traditional territory of
the Semiahmoo First Nation, Katzie, and Kwantlen First Nation (colonially known as Surrey,
British Columbia). We were also both the first in our families to either attend a post-secondary
institution or to complete a university degree.
Dr. Alana Abramson, Kwantlen Polytechnic University
I, Alana Marie Abramson, am of British, Romanian, Metis, and Cree descent. I had challenges
during my teens that brought me in conflict with the law as a victim of violence and as an
offender. On my journey, I have also experienced homelessness, foster care, and substance
misuse. The tribulations of my youth and the privilege I was born into have both facilitated my
education and career and inspired my critique of the current criminal legal system. I was
fortunate to meet a caring professor during my undergrad who encouraged the growth of
potential I was yet aware of. She and other mentors helped me process shame and trauma
from my past and cultivated my passion for creative and healing ways to address harm such as
restorative, transformative justice.
Melissa Roberts, M.A., Langara College
I, Melissa Leanne Roberts, am of English, Welsh, and German descent. While I did not come
from a wealthy family, my siblings and I were well taken care of and lived with stable housing,
a two-parent household, and with all the necessities of life. We were encouraged to pursue
our dreams and seek careers that are supportive and enable us to be contributing members of
society. It was during my post-secondary education that I was exposed to ideas that
challenged me to question why the world is the way it is and what it ought to look like
17. Restorative, Transformative Justice | 47

instead. Taking a single class changed the trajectory of my life: from pursuing a graduate
degree focused on restorative justice to volunteering in restorative justice, to teaching
restorative justice to university students like yourselves.
We both acknowledge that we benefited directly from the unearned privileges of being white-
presenting, cisgender, able-bodied and educated. We also were both heavily influenced by a
passionate professor during our undergraduate degrees. These paths, although different, led
us both to incorporate the principles and values of restorative justice into our lives,
relationships, and work.
Introduction
One of the central topics of criminology is the criminal justice system—the formal methods and
institutions that societies use to address the harms caused by crime. While many criminological
theories seek to explain criminal offending, others explore different ways of understanding and
achieving justice. But what does it mean to achieve justice? And do some justice systems have
advantages over others?
This chapter examines theories of restorative, transformative justice. These approaches are
part of the critical tradition in criminology, as they argue for a paradigm shift in criminal
justice and changes to the social structures that perpetuate injustice and inequality. Restorative,
transformative justice re-evaluates our conceptions of justice, retribution, rehabilitation, and
punishment.
By the end of this chapter, you will be able to define and distinguish between these various
conceptions of justice. You will also be able to identify restorative justice principles, as well as
key stakeholders and restorative justice models, and you will be able to explain how restorative,
transformative justice can be used as an approach to criminal justice. Further, you will be able
to understand important differences between restorative justice and Indigenous approaches
to harm. Lastly, you will be able to identify the key benefits and critiques of restorative,
transformative justice.
1.1 Crime in Context
DR. SEAN ASHLEY
If crime is the product of a society’s moral boundaries, how are we to understand crime in
a complex, multicultural settler-state like Canada? Specifically, how can we understand crime
in a place where significant differences exist between settler and Indigenous understandings
regarding how to best respond to it?
Like everyone, my own views of crime were shaped by the society I grew up in. I was born in
Mi’kmaqi, the traditional territory of the Mi’kmaw nation. My ancestors were English, French,
and Irish settlers who brought with them their own systems of law and their own understanding
of what counted as crime. The forceful imposition of a foreign legal system on the people of
Mi’kmaqi was one of the reasons I call my ancestors settlers rather than immigrants; immigrants
adapt to the Indigenous legal system of the place they relocate to, while settlers impose their
own system on the colonised population (Carlson-Manathara, 2021).
Crime and law existed across what came to be known as Canada long before any Europeans
migrated to its shores. It is impossible to capture in a short piece the richness and variety of
Indigenous approaches to justice and law that have existed across this vast territory (Borrows,
2005), but as Monchalin (2016) tells us, some broad characteristics that can be observed,
and these can be compared with some of the shared understandings observable in European
criminal justice systems.
For one, Indigenous justice systems tend to be rooted in “respect, harmony, and the
maintenance of balance” (Monchalin, 2016, p. 530). This does not mean they were historically
soft on crime (McGuire, 2019); corporal punishment was not uncommon, and some nations
imposed the death penalty. The orientation of Indigenous justice systems, however, is towards
restitution rather than retribution (see chapter 17.3 The Aims of Restorative Justice), with the
goal being to restore harmony rather than inflict pain on the individual offender (Hansen, 2012;
Paul, 1993). Contrary to the emphasis on carceral systems that Canada uses today, no Indigenous
justice system practiced incarceration as a response to crime (Monchalin, 2016).
As Harold Johnson (2019) explains:
“The fundamental difference between how First Nations would maintain peace and good
order and how Canada has administered it is that First Nations would apply principles
of redemption, whereas Canada relies upon deterrence. We know that punishment as
deterrence does not work to reduce criminal behaviour… Redemption, on the other
hand, is focused on solving the problem and making things right again” (Johnson, 2019,
p. 107).
Early European settlers were too naïve to see the methods for dealing with crime within
Indigenous societies as complex justice systems, in part because they understood law as
1.1 Crime in Context | 49

something written down and justice as a form of vengeance enacted upon individual
perpetrators.
Figure 1.1 BC recognizes UNDRIP as law
Today, the Canadian criminal justice system recognises that restitutive practices are often
better suited to dealing effectively with crime, as can be seen in the case of restorative justice.
Nevertheless, Canada still refuses to recognise sovereign Indigenous justice systems, a right
spelled out in Article 5 of the United Nations Declaration of Rights of Indigenous Peoples
1
(United Nations, 2007) .
1. Scan the QR Code to access https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/

sites/19/2018/11/UNDRIP_E_web.pdf
50 | 17. Restorative, Transformative Justice

1.2 Crime in Canada
DR. SEAN ASHLEY
Crimes are transgressions that violate the laws a society holds dear. These laws may be formally
written down, held by knowledge keepers, or commonly known to all members of the group. To
commit a crime is to break the rules a society views as the moral limits of acceptable behaviour.
Crimes are an offence against society, not just an individual. In Canada, one can see this in the
way crimes are prosecuted; it is the Crown (denoted as R. for rex or regina within legal citations)
that charges a person, not the victim of the alleged crime.
Canadian criminal law is mainly codified within the Criminal Code of Canada (CCC) which sets
out the various offences a person might commit and the range of punishments that they might
receive. Criminal lawyers in Canada define crime largely in relation to these laws, and some
criminologists (such as Edwin Sutherland, 1949) have argued that the criminological study of
crime should be restricted to violations of state criminal codes like the CCC. This view is known
as a legalistic approach to crime because it focuses strictly on violations of the legal code.
Under Canadian criminal law, a person may be charged with two main types of criminal
offences: summary and indictable. A summary offence is the less serious of the two and
therefore carries a lesser punishment. An example of a summary offence is causing a
disturbance or theft under $5,000. In the United States these types of offences are known
as misdemeanors. More serious offences in Canada are known as indictable offences. These
include crimes such as murder or piracy (on the sea, that is) and can carry stiffer penalties,
including life in prison. In the United States these types of offences are known as felonies and
are commonly the focus of crime dramas like CSI and Law and Order.
In legal terms, to be found guilty of a criminal offence in Canada, a person must have committed
a guilty act (i.e., actus reus) and be of a guilty frame of mind at the time of the offence (i.e., mens
rea). It is not enough that a person commits an act that contravenes the CCC; they must also be
of a certain state of mind, such as intending to commit the act or behaving with recklessness,
negligence, or being willfully blind to the outcome (McElman, 2000).
For many offences, the state of mind and the action naturally occur together. Someone might
want an item that belongs to another person (e.g., a car) and takes that object without having
the right. The person, therefore, violated the law and intended to do so to satisfy their desire.
In some cases, however, the lines are not so clear, such as when someone is sold a stolen car
without knowing the car was stolen. Furthermore, some people, such as young children and
people suffering from certain forms of mental illness, are thought to not possess the frame of
mind necessary for mens rea and therefore may receive treatment rather than punishment for
their actions.
Codified laws are no doubt important for understanding what crime is and they can be found
as far back as 4000 years ago, with the codes of Ur-Nammu and Hammurabi representing some
1.2 Crime in Canada | 51

of the oldest surviving examples of codified laws (Fairlie, 2019) (see image below). Thinking of
crime in terms of the violation of codified laws is useful as it provides an objective standard for
knowing crime when we see it. Reported crime rates, such as those generated by the Uniform
Crime Reporting Program (see chapter 5.6 Sampling), capture this legalistic definition of crime,
and treat crime as something real that can be classified and counted.
Figure 1.2 The Law Code Stele of King Hammurabi
We need to be careful, however, about limiting our understanding of crime to a set of codified
rules. For one, it is likely that many of the earliest known legal codes, such as the codes of
Ur-Nammu and Hammurabi, were more akin to visions of stately order (i.e., the way the rulers
would like things to be) rather than codes used for adjudicating cases (i.e., the practical settling
of disputes). In early history, the latter would likely be determined according to local custom
rather than the rules set by a distant ruler (Pririe, 2021). Of course, once the rules are set down
in stone (quite literally in some cases), they can be used by the weak to press claims against the
strong. This is what we mean when we talk about the rule of law; it applies to all.
Thinking about written law as visions of stately order is useful for understanding the role it has
played in the expansion of colonialism in Canada. Indigenous peoples were subjected to laws
they often had no knowledge of while continuing to deal with crime in their own communities
using local systems well after the territories were claimed by European colonists. Was the
function of law in such cases to solve local disputes? Or was it more like the stately visions of
ancient rulers?
While a legalistic approach to crime (i.e., one based on codified laws) is important, many
contemporary criminologists find this way of thinking about crime problematic in that it limits
our ability to engage with the subject of crime in a critical way (Quinney & Wildeman, 1991). Law

is an historical and cultural product; that is to say, it is a social construct. Legalism, however,
encourages us to think of crime in a reified way–as a “thing-in-itself”–rather than in terms of its
social nature. While some laws do emerge from consensus (with all or most members of a group
feeling the same way), the conflict perspective proposes that laws may serve the interests of
one group over those of another.
The significance of the conflict perspective can be seen in the case of the Indian Act, a piece
of Canadian legislation that clearly serves the interests of settlers over those of Indigenous
people. An amendment in 1927 to the Indian Act, for example, made it illegal for anyone to
assist Indigenous peoples in asserting their legal rights (Monchalin, 2016). While it might be
interesting to know how many people were charged for violating this law, the figure would
hardly seem sufficient for understanding the position of law within the context of settler-
Indigenous relations, or for getting at the issue of why Indigenous peoples were being denied
legal representation in the first place.
As the example above also demonstrates, a limit imposed by a purely legalistic understanding
of crime is that it gives the dominant group the power to define what constitutes crime and, by
extension, the scope of criminology as an academic discipline (Quinney, 1970). Criminologists
have recognised this problem for decades, particularly in the case of corporate crime
(Chambliss, 2001) (see chapter 15.3 Corporate Crime), where corporations have the power to
lobby governments to change laws in their favour, and crimes related to the environment (see
chapter 13 Green Criminology), where we see laws being changed to allow corporations to
threaten the flow of rivers (Graveline, 2012). Therefore, we should recognise that the term crime
is not limited to criminal law, and that thinking about “crime” broadly in terms of harm and
injustice continues to shape contemporary discussions around human (and non-human) rights.
A legalistic approach to defining crime risks privileging the perspective of the state over that
of society. It also fails to adequately capture the power dynamics at play when the law is
applied unevenly, as is frequently the case for Black, Indigenous, and People of Colour living
in white settler-colonial states like Canada (Maynard, 2017). The focus remains instead on the
criminalised individual, rather than why the rule exists or the effects that being labeled a
“criminal” might have on a person or entire group of people.
Some criminologists have therefore advocated for the need to decriminalise criminology by
expanding the scope of study to include a broader range of harms, such as racism, sexism,
classism, and ableism (Shearing, 1989). Focusing on harm, rather than the letter of the law,
allows us to understand the process through which some harms are criminalised while other
social harms remain unaddressed (Ferguson, 2020).
Media Attributions
• Law Code Stele of King Hammurabi © Steven Zucker, Smarthistory co-founder is licensed
under a CC BY-NC-SA (Attribution NonCommercial ShareAlike) license
1.2 Crime in Canada | 53

1.3 Colonialism as Crime
DR. SEAN ASHLEY
Colonialism is responsible for many harms that evade criminalisation. Nielsen and Robyn (2019)
explain that “[c]olonialism is a classic state crime that relies on violence and the threat of
violence to achieve political and economics ends” (p. 1). As Paul (1993) points out, the means
through which colonialism was initially pursued was often illegal within the context of its day,
such as in the case of white settlers seizing land from Indigenous peoples being contrary to
the settlers’ own laws. Other crimes of colonialism remain unpunished and unpursued, such
as the deaths of thousands of Indigenous children within Canada’s residential school system
(Milloy, 1999; Radio Canada International, 2021), and the Canadian state’s attempted and actual
genocide of Indigenous peoples (Palmater, 2020). Viewing colonialism as a crime is not simply
about recognising that the land was stolen and the original inhabitants harmed; it is about law’s
power to define who is to be considered a worthy victim (Christie, 1986), and who can get away
with murder.
Such examples demonstrate that law is not simply a matter of consensus, wherein a society’s
norms become codified into a formal set of rules. Law is also an arena of conflict, and the
outcome of this conflict determines who gets framed as a criminal. W.E.B. Du Bois recognised
this fact over a century ago in his work on crime and race in the American South. He explains
that “the police system of the South was originally designed to keep track” of all Black people,
not only criminals, and when Black people were “freed, the first and almost universal device
was to use the courts” to re-enslave the Black population (Du Bois, 2018, pp. 135-35). Du Bois
understood that the power to define what was criminal could be used as a weapon against an
entire group of people, a lesson the Black Lives Matter movement has once again brought to the
forefront of public consciousness.

1.4 Framing Crime
DR. SEAN ASHLEY
A key social institution that constructs our idea of what is crime today is the media (Surette,
2011) (see chapter 3 Media and Crime). The media is effective in amplifying particular threats,
sometimes to the point of generating moral panics and constructing representations of groups
(e.g., youth, the working class, and racialised communities) as posing a threat to public well-
being. As the media is largely privately owned, crimes of the upper classes (e.g., insider trading,
fraud, and environmental crimes) are often filtered out. The media also plays a role in
establishing a distance between “us” and “them” through a process of Othering, in which
criminals are depicted as fundamentally different from the rest of the population and therefore
deserving, if not requiring, incarceration.
Throughout this textbook, you will see crime approached in both a legalistic way and as a social
construction (Berger & Luckmann, 1966). These two views are not mutually exclusive. Criminal
law itself is a social construct, and the process of creating crime and criminals is dependent on
law for its legitimation. But as you will see, the two ways of thinking about crime (i.e., legalistic
vs. social constructionist) come into play in different ways depending on the topic or theory you
are learning. If you can hold this tension in mind while you read this book, you will be well on
your way to thinking like a criminologist.
1.4 Framing Crime | 55

1.5 Discussion Questions
DR. SEAN ASHLEY
1. What does it mean to say that crime is normal?

2. What are some of the differences that exist between the way the Canadian criminal justice
system and Indigenous justice systems approach crime?
3. What are some of the limits of thinking about crime using only a legalistic perspective?
4. What does it mean to say that crime is a product of consensus or a product of conflict?

1.6 References
DR. SEAN ASHLEY
Berger, P. L., & Luckmann, T. (1966). The social construction of reality: A treatise in the sociology
of Knowledge. Doubleday.
Borrows, J. (2005). Indigenous legal traditions in Canada. Washington University Journal of Law
and Policy, 19, 167-223.
Boyd, N. (2015). What is criminology?, (Ed.), Understanding crime in Canada. An introduction to

criminology (pp. 7-24). Emond Montgomery Publications.
Carlson-Manathara, E. (2021). Settler colonialism and resistance, In E. Carlson-Manathara and

G. Rowe (Eds.), Living in Indigenous Sovereignty (pp. 28-59). Fernwood Publishing.
Chambliss, W. (2001). Power, politics, and crime. Westview Press.
Christie, N. (1986). The ideal victim. In E. Fattah, (Ed.), From crime policy to victim policy (pp.
17-30). Palgrave MacMillan.
De Cleyre, V. (2020). Crime and punishment. In A. Nocella II, M. Seis, and J. Shantz (Eds.), Classic
Writings in Anarchist Criminology: A Historical Dismantling of Punishment and Domination
(pp. 199-226). AK Press.
Du Bois, W.E.B. (2018). The souls of Black folks. Myers Education Press. (Original work published
1903)
Durkheim, É. (1933). The division of labor in society (G. Simpson, Trans.). The Free Press.
Durkheim, É. (1982). The rules of sociological method (W.D. Halls, Trans.). The Free Press.
Fairlie, J. (2019). Introduction to Law in Canada (2nd ed.). Emond Montgomery Publications.
Ferguson, M. (2020). “The kids find it fascinating”: Museums, policing and the fairy tale of
“crime.” In M. Daschuk, C. Brooks, and J. Popham (Eds.), Critical perspectives on social control
and social regulation in Canada (pp. 261-284). Fernwood Publishing.
Garofalo, R. (1914). Criminology. Little, Brown, and Company.
Graveline, F. J. (2012). IDLE NO MORE: Enough is enough! Canadian Social Work Review/Revue
canadienne de service social, 29(2), 293-300.
Hansen, J. (2012). Countering imperial justice: The implications of a Cree response to crime.
Indigenous Policy Journal, 23(1), 1-16.
1.6 References | 57
Johnson, H. (2019). Peace and good order: The case for Indigenous justice in Canada. McCeland &
Stewart.
Maynard, R. (2017). Policing Black lives: State violence in Canada from slavery to the present.
Fernwood Publishing.
McElman, M. (2000). A new conception of wilful blindness: The Supreme Court of Canada’s
decision in R. v. Sansregret. Dalhousie J. Legal Stud., 9, 324.
McGuire, M. (2019). Tll Yahda: Visions of a Haida justice system. International Journal of Critical
Indigenous Studies, 12(2), 18-33.
Milloy, J. (1999). A national crime: The Canadian government and the residential school system,
1879 to 1986. University of Manitoba Press.
Monchalin, L. (2016). The colonial problem: An Indigenous perspective on crime and injustice in
Canada. University of Toronto Press.
Nielsen, M., & Robyn, L. (2019). Colonialism is crime. Rutgers University Press.
OED. (2022). Crime. In Oxford English dictionary. Retrieved April 20, 2022, from
https://www.oed.com
Palmater, P. (2020). Living a warrior life: Indigenous resistance & resurgence. Fernwood
Publishing.
Paul, D. (1993). We were not the savages: a Micmac perspective on the collision of European and
Aboriginal civilizations. Nimbus publishing Ltd.
Pririe, F. (2021). The rule of laws: A 4,000-year quest to order the world. Basic Books.
Quinney, R. (1970). The social reality of crime. Little, Brown and Company.
Quinney, R., & Wildeman, J. (1991). The problem of crime: A peace and social justice perspective.
McGraw-Hill Humanities, Social Sciences & World Languages.
Radio Canada International. (2021, June 4). International Criminal Court called on to investigate
Kamloops residential school findings. Radio Canada International. https://ici.radio-
canada.ca/rci/en/news/1798937/international-criminal-court-called-on-to-investigate-
kamloops-residential-school-findings
Shearing, C. (1989). Decriminalizing criminology. Canadian Journal of Criminology, 31(2), 169-178.
Stote, K. (2015). An Act of genocide: Colonialism and the sterilization of Aboriginal women.
Surette, R. (2011). Media, crime and criminal justice: Images are reality. Wadsworth.
Sutherland, E. (1949). White collar crime. Holt, Rinehart and Winston.

Tarde, G. (1886). La criminalité comparée. Alcan.
United Nations. (2007). United Nations Declaration on the Rights of Indigenous Peoples.
https://laws-lois.justice.gc.ca/eng/acts/U-2.2/page-1.html
1.6 References | 59
2.1 A Note on Indigenous Peoples and
Criminal Justice: Overrepresentation and
Criminalisation
DR. JON HEIDT
It is no secret that Indigenous peoples are overrepresented in the criminal justice system as
both victims and offenders (Monchalin, 2016); in fact, the Truth and Reconciliation Commission
1
of Canada includes several calls to action to work toward eliminating this overrepresentation
and to provide proper funding for alternatives to incarceration for Indigenous offenders.
Research also indicates that Indigenous youth receive longer sentences compared to non-
Indigenous youth, even when criminal history and offence history are considered.
Unfortunately, many of the measures meant to divert youth away from the criminal justice
system have not been effective for Indigenous youth (Corrado & Cohen, 2011; Corrado et al.,
2014).
When reviewing these statistics, it is important to think critically, and consider the context and
experiences of Indigenous peoples. If one considers the horrors of colonisation legislated under
the Indian Act (e.g., loss of land, forced displacement, residential schools, forced assimilation
repetitive human rights violations including genocide and cultural genocide, the general
criminalisation of a wide range of cultural activities, and institutionaliszed racism), the reasons
why Indigenous peoples are overrepresented as both offenders and victims become apparent.
Residential schools caused a breakdown in the family that affected all generations. It is difficult
to have a healthy family life if the children are taken from the home and abused by those
who are supposed to care for them (Monchalin, 2016). These family factors are central to the
control theories that are some of the most well-supported explanations of criminal behaviour
(Gottfredson & Hirschi, 1990) (see chapter 10 Critical Criminology).These situations cause stress
and strain that might drive a person to commit crime. For example, there is a clear connection
between trauma and both drug use and associated offending behaviour (Maté, 2008). Also,
exposure to noxious stimuli or negative situations (e.g., sexual abuse, poverty, or a lack of
opportunity) or a loss of positive stimuli (e.g., family, culture, sense of self) may exacerbate
strain and raise the likelihood of involvement with a variety of crimes (Agnew, 1992).
1. Scan the QR code to access https://ehprnh2mwo3.exactdn.com/wp-content/uploads/2021/01/

Calls_to_Action_English2.pdf
2.1 A Note on Indigenous Peoples and Criminal Justice: Overrepresentation and Criminalisation | 61
It is also important to understand that the overrepresentation of Indigenous peoples in criminal
justice statistics is connected to a history of criminalising Indigenous culture. For example,
in 1867 under the Indian Act, the federal government of Canada criminalised mobility over
traditional territories and the use of language and cultural activities, including the ceremony of
potlatch. This ceremony consisted of feasting and gift-giving. Still, the Canadian government
viewed it as a challenge to assimilating Indigenous peoples and were suspicious of it because
it went against capitalist values that emphasised wealth accumulation and property ownership
2
(Monchalin, 2016). Learn more about potlatches .
Now that some of the basics have been covered, it is time for a discussion of how criminologists
structure their thinking about crime. The next section will explore some ways of thinking about
and classifying crime that are helpful to criminologists when they are attempting to understand
and explain patterns of crime.
2. Scan to QR code to access https://umistapotlatch.ca/potlatch-eng.php

2.2 Thinking about Crime: Classification
and Typologies
DR. JON HEIDT
Crime can be conceptualised in several ways. The most common way people view crime is as
harmful acts that are “against the law.” However, many criminologists take a more complex
view of the matter and caution that it is unwise to simply see crime as a violation of the law
(Beirne & Messerschmidt, 2011; Agnew, 2011). As explained above, the law is technically a social
construction, and many acts that cause significant harm are legal while other acts that cause
minimal harm are criminalised. If criminologists only focus on acts that are violations of criminal
law, they miss harms that fall outside of the law, and risk viewing relatively harmless behaviour
as a problem simply because it is illegal.
To address these gaps, some criminologists suggest that we view crime as a violation of conduct
norms (Sellin, 1938) (see chapter 8 Sociological Theories of Crime). In other words, it is
important to consider what a culture or group deems to be normal or deviant behaviour as this
may vary based on geographic location, history, and a variety of other factors. Deviance refers
to behaviours that depart from or violates social norms. These behaviours are not necessarily
deviant and may not even be criminalised, but these acts may be criminalised in the future due
to cultural changes. For example, adultery (or “cheating on someone”) is considered a deviant
act in cultures where monogamy is the norm, but it is rarely criminalised. Thinking about the
relationship between crime and deviance can shed light on why some acts were criminalised in
the first place. We can see, then, that the definitions of crime and deviance change over time
and differ from culture to culture. In an effort to apply a more systematic and objective (i.e.,
“scientific”) approach to the study of crime, criminologists have developed typologies and other
classification systems to organise their thinking about criminal acts.
What is a Typology?
The Uniform Crime Report (discussed in greater length in the Methods chapter of this text) has
a typology, or special system for classifying different types of crime: violent crime, property
crime, other crime, traffic offences, federal drug offences, and other federal law violations.
Another common approach is to divide criminal acts into victimless crimes (e.g., drug use,
prostitution, and illegal gambling) and crimes where there is a clear victim (e.g., robberies and
physical assaults). Alternatively, criminologists and other commentators may use the categories
of street crime or blue-collar crime (e.g., more common types of property and minor violent
crime) and suite crime or white-collar crime (e.g., financial and occupational forms of crime
2.2 Thinking about Crime: Classification and Typologies | 63

committed by those with status or power in society, such as politicians, legal officials, corporate
executives, celebrities, and famous athletes).
While these classification systems are clearly useful, most typologies fail to capture all types
of crime and conceptualise them in a way that is helpful to students new to criminology. To
address these concerns, this reading will review crimes that receive the most attention from
criminologists. We will use the following system of classification:
Violent crime: homicide, sexual assault, assault, and robbery
Property crime: breaking and entering, theft, identity fraud, and identity theft
Crimes of morality/public order: drug use and prostitution
Organised crime: serious crimes committed by groups of at least three people with the
underlying purpose of reaping material or financial benefits
Hate crime and terrorism
White-collar crime: crimes committed by a person of respectability and high social status in
the course of their occupation for their own benefit
Corporate crime: crimes committed by a person of respectability and high social status in the
course of their occupation for the benefit of their business or corporation
The following section will review the definitions of the types of crime listed above (with the
exception of white-collar and corporate crime, which are discussed in chapter 15 Crimes of the
Powerful) and the ways they are considered to have different levels of severity. In addition, some
observations will be made about the situations in which these types of crimes occur and any
patterns that can be identified.

2.3 Violent Crimes: Definitions and
Patterns
DR. JON HEIDT
Homicide
Homicides tend to be among the most well-reported types of crime (Nivette, 2011). After all, at
least one person will usually notice and care if someone vanishes. Because homicides are usually
reported, they are less likely than other types of crime to be susceptible to the dark figure of
crime (Tonry, 2004). The dark figure of crime refers to the number of crimes that are uncounted
because nobody notices or reports them. For example, a stroll through downtown Vancouver
at any time of the day will reveal a great deal of unreported drug crime—there are obviously
many cases of drug possession and trafficking that go unnoticed and unreported because both
participants in the crime are willing parties. In other words, a “criminal” act is not necessarily a
“deviant” act if it is typical, “normal” behaviour among the local population.
Homicide is usually associated with murder in everyday conversation and in television and
movies. However, it is important to remember that homicide is an umbrella term that refers to
one human killing another, while murder is a specific type of intentional homicide. The Criminal
Code of Canada identifies several levels of murder that are sorted according to the offender’s
culpability and intention to do harm. First degree murder is planned and deliberate, whereas
second degree murder may be intentional, but it lacks the element of pre-planning and may
occur in the heat of the moment. Manslaughter is non-intentional homicide resulting from
intoxication, recklessness, or negligence (e.g., two people in a bar get in a fight and one kills the
other by accident).
In 2019, the homicide rate in Canada was 1.8 per 100,000 population (Moreau et al., 2020), an
increase from 1.78 in the previous year; however, it is worth noting that this rate is still relatively
low if rates over 30 years are examined. In 1993, the homicide rate was about 3.75 per 100,000
population (Roy & Marcellus, 2018). The overall homicide rate reveals little about trends among
types of victims. In 2019, police reported 174 Indigenous victims of homicide, an increase from
141 in 2018. This represents a rate approximately six-and-a-half times higher than the rate for
non-Indigenous homicide victims (8.82 homicides per 100,000 compared to 1.34 per 100,000
population) (Moreau et al., 2020).
In Canada, the Western provinces tend to have higher rates of violent crime and homicides
compared to Eastern and Maritime provinces (Trussler, 2010). There are no conclusive
explanations for why crime rates are higher in the West, and little research has been done
in this area (Andresen, 2009). A mundane factor may simply be the weather—as one goes
2.3 Violent Crimes: Definitions and Patterns | 65

west, temperatures become milder, and winters are less harsh, enabling more opportunities to
commit crime (e.g., more people leave their homes unoccupied in warmer weather, increasing
opportunities for burglary). Some scholars argue that these variances may in fact be an illusion
caused by differences in reporting and recording crime amongst the provinces (Andresen,
2009).
The offending behaviour of people who commit intentional homicides can fall into certain
well-known patterns, such as serial murder and mass murder. Serial murder refers to when
a person kills several victims in three or more separate events, as seen in the case of Missing
and Murdered Indigenous Women and Girls discussed in the chapter on Feminist Criminology
(see chapter 11 Feminist Criminology) and Cultural Criminology (see chapter 12 Cultural
Criminology). Mass murder involves the killing of more than three people in a single event.
Public perceptions about the frequency of these types of murder are often inflated, because
these events receive a great deal of attention from news outlets and other mass media
(Schildkraut, 2016). For example, consider the variety of murder documentaries on Netflix: true
crime documentaries and series like The Jinx: The Life and Deaths of Robert Durst, Don’t F**k
With Cats: Hunting an Internet Killer, and Night Stalker: Hunt for a Serial Killer. However, these
high-profile cases tend to be statistically rare, and it is important to realise that serial homicide
accounts for less than 1% of all murders (Bonn, 2014). Further, as of 2019 there have been 12
mass shootings in Canada in the last 30 years (Saminather, 2018). Finally, Canada has convicted
106 serial killers since it was founded; however, it ranks fairly high when compared to other
countries in the world. It is worth noting that the U.S. has produced 3,204 serial killers over its
history (Sheth, 2020).
Sexual Assault
Prior to 1983, the Criminal Code of Canada defined “rape” as occurring when “a male has
intercourse with a female person who is not his wife.” This definition will seem quite strange to a
person living in modern society. First, it implies that a husband cannot legally rape his wife after
the couple are married. Second, this law overlooks the fact that men are also victims of rape, or
that women can rape other women. It is worth noting that while Canada’s rape law was clearly
archaic even in 1983, it was not until 1993 that all 50 states in the United States had changed
their rape laws to include married couples.
The Criminal Code of Canada currently uses the term “sexual assault” and identifies three levels.
Level-one sexual assault is the least serious and involves unwanted touching and/or fondling.
Level two involves the use of weapons or some type of bodily harm (e.g., penetration). Level
three is the most serious and involves long-term physical injuries, such as maiming, wounding,
or disfigurement.
In 2019, the rate of police-reported sexual assault was 82 incidents per 100,000 population, an
increase of 7% from 2018 (Moreau et al., 2020). It is important to note that while this trend is

concerning, the rate is still well below where it was in the mid-1990s. For example, at the 1993
peak, police-reported sexual assaults were at 120 incidents per 100,000 population (Moreau
et al., 2020). Further, some speculate that this recent increase may be a result of initiatives
and improvements in laws that encourage women to come forward and speak about their
experiences of sexual assault (Beitsch, 2018; Levy and Mattson, 2019). In other words, while
sexual assaults have traditionally been a heavily underreported crime, the dark figure of crime
for sexual assault may be dropping (Moreau et al., 2020). Reasons for the underreporting of
sexual assault include guilt, shame, hesitancy to have one’s past made public in a court case, and
the fact that in 70% to 80% of cases, the victim knows the offender as an acquaintance, friend,
or family member (Schmalleger & Volk, 2014). In some cases, victims may blame themselves
because they were drinking or see the incident as a result of cultural, peer- pressure or mental
health-related issues.
Recently, much attention has been paid to rates of sexual assault on college campuses and
their association with athletics, particularly football (Wiersma-Mosley & Jozkowski, 2019). An
example of this disturbing trend occurred at the University of Montana in Missoula. John
Krakauer’s (2015) book Missoula: Rape and The Justice System in a College Town chronicles
widespread cases of non-stranger sexual assault on campus and explains how some of these
cases were mishandled by the university and the criminal justice system. Victims were treated
with indifference and disrespect by the local police, claims were not believed or taken seriously,
and there is also evidence that accused players on the high-profile football team were allowed
to flee the state (Montana) before charges could be filed against them. Fortunately, the
university has taken steps in recent years to address these issues; however, it is disturbing that
a well-known author had to write an exposé to draw attention to this issue to create change.
Moreover, this story demonstrates how the reporting and prosecution of crimes can be affected
by the interests of powerful institutions.
Assault
The Criminal Code of Canada identifies three levels of assault. Level one (sometimes called
“simple assault”) is the least serious and involves punching, pushing, shoving, or threats by act or
gesture; there is no bodily harm required. Level two (sometimes called “assault with a weapon”
or “assault causing bodily harm”) requires that the offender either use a weapon or cause some
type of harm (e.g., a black eye from a punch). Level three (sometimes called “aggravated assault”)
is the most serious and occurs when the offender seriously wounds, maims, or disfigures the
victim.
In 2019, the rate of level-one assault in Canada was 500 per 100,000 population; the level-
two rate was 158 per 100,000 population; and the level-three assault rate was 10 per 100,000
population. Until increases in 2019, overall rates of major assaults (level 2 and 3) had decreased
steadily from a peak of approximately 180 per 100,000 population in 2008 (Moreau, 2019).
2.3 Violent Crimes: Definitions and Patterns | 67

Moreau (2019) speculates that part of the recent increases can be attributed to changes in
how assaults were classified and counted during this period. More specifically, the revised
definition of assault includes events where is there is no evidence to confirm the incident
or reports from third parties that match these criteria. Assaults often occur at night and in
the presence of alcohol or in and around establishments that serve alcohol (see chapter 13
Green Criminology). Most assaults are also highly emotional, impulsive events and tend to be
unplanned or involve little planning (Felson & Eckert, 2018).
Robbery
Robbery refers to when an offender uses force or violence (or threats) during the commission
of a theft. People seem to confuse robbery with breaking and entering or other forms of
property theft. This may arise from the colloquialism “my house or car was robbed”; however,
it is important to remember that, legally, one robs a person, not an object. This leads to the
misconception amongst people that robbery is a property crime, when it is in fact a violent
crime due to the use of or threatened use of force.
In Canada, there were about 62 robberies per 100,000 population in 2019, a rate that was
relatively unchanged from 2018 (Moreau, Jaffray, & Armstrong, 2020). Like most other crimes,
robberies tend to occur later at night and are much more common in urban settings (see
chapter 16 Environmental Criminology). Research has revealed that commercial and street
robberies are committed by two different types of offenders. Commercial robbers (who commit
the robbery in a place of business, such as a bank or a convenience store) tend to do more
planning and research and are less impulsive, whereas street robbers are more likely to use
force and act based on opportunity (Wright & Decker, 1997).

2.4 Non-Violent Crimes: Definitions and
Patterns
DR. JON HEIDT
Breaking and Entering
Breaking and entering (formerly referred to as burglary) involves entering someone else’s
property with the intention of committing an indictable offence (e.g., theft or destruction of
property). In 2019, the rate of break-and-enter violations was 429 per 100,000 population, which
is a 1% reduction from the previous year (Moreau et al., 2020). Burglars tend to look for homes
that are unoccupied for long periods of time. While they prefer to work at night, burglars will
target homes during the day if they know many of the people in the area are at work (Felson &
Eckert, 2018).
Police departments often see spikes in break and enters during the summer months when
people are away on vacation and because they are more likely to leave windows and doors open
(Lauritsen, 2014). Research indicates that these offenders do not necessarily target wealthy
homes—in fact, they may see these as targets with too much security that would attract
unwanted attention from police. Instead, they tend to look for homes in middle upper-class
neighbourhoods that may lack security but still contain valuable items, such as money, jewelry,
or electronics (Wright & Decker, 1994).
Theft
There are two levels of theft identified by the Criminal Code of Canada. There is minor theft,
which includes theft of property up to $5,000, and major theft, which occurs when an offender
steals over $5,000 in property. Finally, there is a special category of theft for motor vehicles.
In 2019, rates of theft per 100,000 population were 1,129 for theft under $5,000, 57 for theft
over $5,000, and 232 for motor vehicle theft; these rates are virtually unchanged from 2018
(Moreau et al., 2020). When compared to other forms of crime, women tend to make up a large
proportion (but still the vast minority) of theft cases at 33% (Schmalleger & Volk, 2014). Most
theft, especially minor theft, is based on easy opportunities and can often be remedied through
crime prevention tactics, such as installing alarms or lights (Felson & Eckert, 2018).
Fraud is a special category of theft that involves some sort of deception or trickery to gain
material benefits. For example, using someone’s credit card without their permission is a form
2.4 Non-Violent Crimes: Definitions and Patterns | 69

of fraud and many examples of telephone scams involve fraudulent activities (Boyd, 2015).
Incidents of fraud in Canada increased in 2019, up to 378 from 351 incidents per 100,000
population in 2018.
Identity Theft
Identity fraud occurs when an offender takes a person’s personal information (e.g., credit card
information) and uses it to make purchases in that person’s name or evade law enforcement
through use of their identity. Identity theft occurs when a person steals another person’s
identity with the intention of committing an indictable offence that includes fraud or falsehood.
This form of theft can range from mail theft to database breaches. The rate of identity theft
stayed about the same in 2019 compared to 2018 (Moreau et al., 2020). Because these crimes
often go undetected, are difficult to prosecute when detected, are relatively low risk, and have
the potential for a large payout, they have become increasingly common in the last ten years,
especially amongst organised crime groups.

2.5 Crimes of Morality and Public Order:
Definitions and Patterns
DR. JON HEIDT
Prostitution
The history of prostitution laws in Canada and their enforcement is confusing to say the least.
For many years, the act of exchanging sex for money was technically legal in Canada, but it
was illegal to communicate about this intention. Then, in 2014, The Protection of Communities
and Exploited Persons Act officially made it illegal to buy sexual services; most public aspects
of prostitution (e.g., brothels, communicating about transactions in public) remain illegal under
the Act. However, independent sex workers can communicate privately with a client through
phone, email, text, or social media without violating any laws. Given that prostitution laws
are rarely enforced consistently anywhere in Canada, that prostitution is rarely reported, and
that arrest rates of sex workers are highly dependent on local variances in law enforcement
practices, reliable statistics are difficult to acquire. We do know that there were 135 police-
reported incidents of prostitution in 2019, which is an increase from 115 in 2018, as shown in the
1
Statistics Canada table of police-reported crime for selected offences (Moreau et al., 2020) .
Drug use
The correlation between drug use and crime is well-known, well-documented, and real
(Bennett et al., 2008). However, it is important to remember that correlation does not
necessarily mean causation, and there are numerous variables at play when trying to
understand either criminal or drug-using behaviour, let alone how the two relate to each other.
Drug criminalisation has been shown to be an ineffective method for controlling or preventing
drug use (Miron, 2004; Reinarman et al., 2004; Reinarman, 2009). In fact, evidence indicates
1. Scan the QR code to access https://www150.statcan.gc.ca/n1/pub/85-002-x/2020001/article/00010/tbl/

tbl01-eng.htm
2.5 Crimes of Morality and Public Order: Definitions and Patterns | 71

that prohibition has exacerbated problems associated with drug use and addiction (Baum, 1996;
MacCoun & Reuter, 2001; Alexander, 2008; Maté, 2008; Robinson & Scherlen, 2014). Criminal
justice data seem to support these findings. First, statistics indicate that under prohibition, drug
use has become much more widespread and that young people are using drugs at younger
ages. Second, drugs have steadily become more potent under prohibition (Robinson & Scherlen,
2014). For example, the proliferation of fentanyl and other potent opioids is driving the overdose
epidemic in Canada. Designer drugs refer to drugs created in underground or secret labs
by changing the chemical properties of other pre-existing drugs – examples include MDMA
(“ecstasy”), MDA (“molly”), GHB, and synthetic stimulants (e.g., bath salts and flakka) and
cannabinoids (e.g., Spice and K2) (NIDA, 2011). Most concerning is the fact that these drugs
become increasingly potent with each generation. Even natural cannabis has increased in
potency over time with the emergence of increasingly stronger strains and the advent of butane
hash oil and other concentrates such as wax and shatter (Cowan, 1986; Beletsky & Davis, 2017).
2
The documentary Flood: The Overdose Epidemic in Canada explores the causes and effects of
this trend by examining increasingly powerful opioids like fentanyl.
Finally, prohibition may also be aggravating problems some communities have with police.
When drug possession is treated as a criminal offence, both users and dealers take steps to hide
what they are doing. In this situation, the demand for potent and concealable substances will
be high and there will be less interest in weaker versions of the drug. This was also true during
alcohol prohibition. For example, beer and ciders became less common during prohibition,
while high-proof hard alcohol became more readily available (Heidt & Wheeldon, 2021). There is
also evidence to indicate that drug laws are enforced against Black and Indigenous minorities
at much higher rates and with more severe consequences (Mitchell & Caudy, 2014; Owusu-
Bempeh & Luscombe, 2020).
Decriminalisation of drug possession is poised to become a major issue in the future. Portugal
and several other countries have had success with decriminalisation, and both Vancouver and
Montreal have requested the federal government to support their municipal shifts toward
drug decriminalisation (Canadian Press, 2021; Crockett, 2021). Contrary to opponents of drug
policy reform, cannabis legalisation and decriminalisation of drug possession do not appear to
contribute to increases in drug use, overdoses, mental illness, or crime (Heidt & Wheeldon,
2021). Somewhat surprisingly, areas that have decriminalised drug possession have seen
addiction and overdose rates fall (Greenwald, 2009; Hughes & Stevens, 2010, 2014). There is also
no indication that young people are using more cannabis in jurisdictions that have legalised
recreational cannabis. In fact, the greatest increases in use have occurred amongst older people
(Heidt et al., 2018; Heidt, 2021). It is interesting to note that, in the last decade, rates of drug
2. Scan the QR code to access https://www.youtube.com/watch?v=zdNxcRutMmc

use as recorded in official statistics have plummeted, though this may be due to reduced of
enforcement rather than a true drop in drug use. In 2019, the rate of drug offences per 100,000
population was 187, which was a decrease from 229 in 2018 (Moreau et al., 2020).
2.5 Crimes of Morality and Public Order: Definitions and Patterns | 73

2.6 Organised Crime
DR. JON HEIDT
The Criminal Code of Canada defines organised crime as a group of three or more people whose
purpose is the commission of one or more serious offences that would “likely result in the direct
or indirect receipt of a material benefit, including a financial benefit, by the group” (Canadian
Criminal Code, 1985). Organised crime groups may be involved in any number of illegal activities,
but they are most commonly involved in drug and gun trafficking; however, human trafficking
and computer-based crime have become increasingly common amongst these groups in recent
years. There are a variety of organised crime groups operating in Canada and the U.S., some
of which are based on race or ethnicity; however, there is a new trend towards multi-ethnic
or more diverse organised crime groups (Beare, 2018). It is important to keep in mind that
organised crime groups exhibit a high level of internal organisation and structure, and they
should not be confused with street gangs and “wanna-be” youth gangs that are more loosely
structured and focus less on profit-making activities (Gordon, 2000).

2.7 Hate Crime, Extremism, and
Terrorism
DR. JON HEIDT
Section 319(2) of the Criminal Code of Canada states that it is a crime to promote hatred against
any group by making a public statement (this does not extend to private conversations). These
statements are usually directed at the race or ethnicity, religion, or sexual orientation of a
person or group. Hate crimes are not easily classified as violent or non-violent because, in
some cases, hate crimes are statements, while in other cases judges may decide that hateful
statements that precede physically violent incidents are in fact aggravating factors, thus
increasing the severity of the statements in the eyes of the criminal justice system. Canada had
a rate of 1,946 hate crimes per 100,000 population in 2019. In total, 876 of these were directed
at race or ethnicity, 608 involved religion, and 263 targeted the victim’s sexual orientation
(Statistics Canada, 2020). The overall rate of hate crimes has held steady for the past few years,
though there was a significant spike from 2016 to 2017 when the rate increased from 1,409 to
2,073, an increase of 47% (Moreau et al., 2020). This begs the question: Why did hate crimes
spike a few years ago?
One possible explanation is the recent proliferation of right-wing extremist groups in North
America. Partly in response to 9/11, terror threats from abroad were given a great deal of
attention by law enforcement agencies during the early 2000s. However, in more recent years,
law enforcement organisations such as the Federal Bureau of Investigation have expressed
increasing concern about the threat of homegrown terrorist groups. Most of these groups are
associated with forms of right-Wing extremism (e.g., Boogaloo Movement, Blood and Honor,
Oathkeepers, and QAnon).
A great deal of this surge in right-wing extremism can be attributed to highly inflammatory
rhetoric from politicians such as former President Donald Trump directed at immigrants and
African-Americans. It is also worth noting that during the writing of this chapter, there were
increasing reports of violence directed at Asians in both the United States and Canada,
presumably because of links to the COVID-19 pandemic conjured up by President Trump and
other politicians. Such incendiary statements from Trump include the following:
When Mexico sends its people, they’re not sending their best. They’re not sending you.
They’re not sending you. They’re sending people that have lots of problems, and they’re
bringing those problems with them. They’re bringing drugs. They’re bringing crime.
They’re rapists. And some, I assume, are good people (June 16, 2015 as quoted in Ye Hee
Lee, 2015)
Why are we having all these people from shithole countries come here…We should have
2.7 Hate Crime, Extremism, and Terrorism | 75

more people from places like Norway. (July 11, 2018 as quoted in O’Connor and Marans,
2017)
By the way, it’s a disease, without question, [that] has more names, than any disease in
history…I can name kung flu, I can name 19 different versions of names. (June 20, 2020)
It should be noted that Canada has also seen an increase in political extremism in recent years
(Perry & Scrivens, 2016, 2018). In February 2021, the Canadian government labeled the far-right
extremist group, the Proud Boys and two other Neo-Nazi organisations as terrorist groups for
their role in the assault on the United States Capitol on January 6, 2021 (Tasker, 2021).
The next section will examine broader changes in crime patterns over time. In the last 30 years,
the crime rate has changed significantly and in surprising ways, and many of these changes were
not anticipated by criminologists who have spent their professional careers studying crime.

2.8 Crime Patterns Over Time
DR. JON HEIDT
In the 1950s, crime rates were relatively low, and people felt relatively safe; economic
opportunities were easily accessible and there was new-found wealth in North American
society. Starting in the 1960s, crime rates started to climb along with levels of social and political
unrest (Tonry, 2004). During this time, crime patterns changed significantly; specifically,
household theft and burglaries dramatically increased for two main reasons. First, more homes
were left unattended during the day because more women were working away from home
and going to school. Second, there was a proliferation of high-value, lightweight household
appliances and other smaller electronic items because of technological innovation. Theft
became easier, more profitable, and more attractive to people (Cohen & Felson, 1979).
Rates of most crimes increased throughout the 1980s, and then rather suddenly, in the 1990s,
they started to decrease significantly. Numerous explanations for these decreases were
provided, including obvious ones like stricter gun-control laws, more jobs, and economic
opportunities. However, some others such as increases in access to abortion and the reduction
of lead in the environment, may not be so obvious. Some have argued that greater access
to abortions and other forms of birth control have led to a drop in unwanted and neglected
children who are at greater risk for involvement in gangs and other criminal activities. Regular
exposure to and ingestion of lead is known to cause developmental and cognitive issues,
especially at early ages—these issues can result in a higher number of individuals at risk for
criminal activities. Consequently, some believe that policies such as the widespread adoption of
unleaded gasoline across the automobile industry, which significantly reduced the amount of
lead commonly found in the environment, may contribute to lower rates of criminal behaviour
(Blumstein & Wallman, 2006; Farrell, 2013).
A significant part of this crime rate drop was due to a massive shift in crime patterns. For
example, during the 1990s, the internet grew at a staggering pace, and this created many new
opportunities for crime and changed how people committed crime (Byrne & Kimball, 2017).
Face-to-face robberies to obtain money and items were replaced with more low-risk activities
that involved cons and scams that were much more difficult to detect and prosecute. Some
argue that the internet and other technological shifts (e.g., the proliferation of cellphones)
have increased the dark figure of crime while driving official crime rates down (Hall, 2012). To
illustrate: Why would someone steal a DVD from Wal-Mart when they can illegally download it
with much less risk of getting caught?
In recent years, both Canada and the United States have seen some increases in certain types of
crime (mostly property-related), which may be partly attributable to growing political and social
unrest. This is illustrated by considering the numerous social movements that have emerged
in the last decade (e.g., Occupy Wall Street, Black Lives Matter, protests against logging and
pipelines, conspiracy groups such as QAnon, and the proliferation of Right-Wing militia groups).
2.8 Crime Patterns Over Time | 77

Similar trends were seen in the 1960s and this era too was a time of great conflict and social
change that saw increases in certain forms of crime and violence. The parallels between these
two eras lend credence to the principle suggesting that crime occurs in cycles over long periods
of time (Zimring, 2007).
COVID-19 and Crime Patterns
Few events will happen in our lifetimes that will have the monumental impact of the emergence
of COVID-19. Because our response to the pandemic required lockdown orders in many
Western countries, this pandemic affected almost every aspect of daily life and our routine
activities on a societal level, which has had a huge effect on patterns of crime. Indeed, some
have referred to this as “the largest criminological experiment in history” (Stickle & Felson,
2020). Initial data suggested there was little change in serious violent crimes, while a small
reduction in residential break and enter and motor vehicle thefts in some cities was found
(Ashby, 2020). Bowman and Gallupe (2020) argue that these decreases in certain crime rates
were driven by drops in crimes typically committed in groups. At the same time, rates of violent
offences committed alone, such as homicide and sexual and domestic assault, remained largely
unchanged during the pandemic. Many speculate that rates of drug use (including alcohol
consumption) also spiked during this period, and these changes could have affected crime rates
and patterns. It is too early to understand the overall effect that the pandemic has had on
crime patterns, but this will surely be a period that receives a great deal of attention from
researchers.

2.9 Conclusion
DR. JON HEIDT
This chapter opened by suggesting that while there are many crimes that many people agree
upon, several crimes are criminalised for moral and political reasons rather than out of concern
for public safety. Therefore, it is important to be skeptical of the ways used to define and
classify crime and the official statistics that flow from them, especially when considering
offence disparities that sometimes emerge in minority and Indigenous populations. Patterns
and rates of several types of crime were reviewed. The chapter ended with a discussion of how
crime patterns are shaped over time and how certain events, such as environmental changes,
technological advances, social unrest, and global pandemics, can affect these patterns.
2.9 Conclusion | 79
DR. JON HEIDT
1. Why do criminologists refer to law as a social construction?

2. Can you think of any examples of laws not mentioned in the reading that are NOT based
on a clear consensus in society?
3. Identify another aspect of Indigenous culture that has been criminalised under the Indian
Act beyond potlatches.
4. Can you think of examples of how your heritage may have granted or denied you privileges
that others did not have access to?
5. Provide an example of how COVID-19 could affect crime patterns that was not discussed
in the reading.
6. Devise a list of possible explanations as to why the crime rate has dropped since the 1990s.
Consider changes in technology and the law.
7. Aside from weather, list a few hypothetical explanations for higher violent crime rates in
Western Canada. How does your local crime rate differ from neighbouring cities or
provinces?

2.11 References
DR. JON HEIDT
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3.1 Theoretical Perspectives on the
Relationship Between Crime, Media, and
the Public
DR. CHANTAL FAUCHER
It is not possible for the media to tell us about everything that happens in the world, the
details of every crime committed, the harm done to every victim, the behaviour of every law
enforcement officer, the decisions of every court, or the rehabilitation of every offender. There
is necessarily a selection process, a filtering of the range of stories available to determine which
ones are “news.” Theorists from different perspectives argue that the stories that become news
normally carry one or more features called news values or newsworthiness criteria (see Figure
3.1).
Figure 3.1: Newsworthiness Criteria (Sources: Buckler, 2015; Gushue et al., 2018; Hall et al., 1978; Intravia et
al., 2017; Jewkes, 2015; Lee & Wong, 2019; Surette, 2015; Wong & Harraway, 2020)
3.1 Theoretical Perspectives on the Relationship Between Crime, Media, and the Public | 87
Therefore, even if we adhere to the belief that news reporters are impartial and objective truth-
tellers, we must still accept that there will always be parts of the story that are left out and some
stories that are never told. The question here is: Who decides on which stories to tell and how
to tell them? The theoretical perspectives discussed in this section offer different views of the
filtering process that leads to the creation of crime news content.
Market Model
The market model suggests that the basis for deciding which stories become crime news is
market demand. What does the public want to see/hear/read about? What interests them? This
model is premised on the idea that media are a business, and their focus is on profitability.
For media to be profitable in a competitive marketplace, they must publish the stories that
will attract the largest audience to maximise advertising revenue (Buckler, 2015; Manning, 2001;
Surette, 2015). Proponents of this theory suggest that if media content is dominated by stories
about violence, sex, money, and celebrities, it is due to audience preference. There is, therefore,
no need for media regulation that requires media businesses to report information that may be
less entertaining, but serves public interests.
Public Sphere/ Social Responsibility Model
While the market model suggests the media give the public what it wants, the related social
responsibility model argues that the media should give the public what it needs. Media are one
of the main pedagogical tools through which the population can become informed about the
events and issues taking place in society. In the public sphere/social responsibility model, the
media have a responsibility to serve the interests of democracy (Manning, 2001). The media
benefit from certain protections in carrying out their duties; for instance, the Canadian Charter
of Rights and Freedoms guarantees the freedom of the press and other communication media
(section 2. (b)). However, because the media are also seen as a public resource, media industry
regulations and codes of ethics (such as those set out by the Canadian Broadcast Standards
Council) are in place to ensure a diversity of content that is not necessarily solely based on
popularity (as the market model suggests) (Buckler, 2015).
Within this model, news media are viewed as playing a key role in keeping the public informed
about what is happening in society and, in particular, holding authorities accountable for their
decisions and actions. For instance, the media raise awareness about political and judicial
decisions that may otherwise go unnoticed by most members of the public.

Propaganda model
The propaganda model (also called the manipulative model) suggests that media content is
determined by those who own the media. It is their prerogative, as owners, to determine the
editorial line, the types of stories reported, and the perspectives used. Further, this model
argues that the media owners will select stories according to what serves their best interests
(Herman & Chomsky, 1988; Manning, 2001; Surette, 2015). They will present a distorted version
of reality to shape public views. However, there is a need to avoid the overt appearance of bias
as the audience will question the credibility of the media if the bias is too obvious. Nevertheless,
according to this model, powerful elites can use the media to filter out certain events and
perspectives in favour of those that the government and powerful elites wish to disseminate
(Hackett & Gruneau, 2000). In doing so, they divert the public’s attention away from certain
issues, such as political maneuvering and corporate wrongdoing, and onto stereotypical street
crimes, for example.
For instance, the media can be described as a colonial tool and source of narrative control that
can represent stereotypes and misrepresentations of Indigenous peoples (and other minority
groups) (Anderson & Robertson, 2011; Baker & Verrelli, 2017; Beckermann, 2020; Clark, 2014;
Fleras & Kunz, 2001; Henry & Tator, 2002; Monchalin & Marques, 2014). The propaganda model
reflects the balance of power in the media, and Indigenous peoples are not in control of
mainstream media content (Walker et al., 2019). In the mainstream media, protests against the
development and extension of pipelines have tended to receive minimal coverage until the
protests turn into physical confrontations (Crosby, 2021). Focusing on the protests only once
they turn into violent clashes tends to legitimise the authorities and cast the protesters in a
negative light, thus leading to a lack of serious consideration of the reasons for protesting in
the first place (Corrigall-Brown & Wilkes, 2012). Also, the media often portray these protesters
as “environmentalists” while overlooking that many of the protesters are Indigenous peoples
(Clark, 2014). By neglecting to emphasise the Indigenous peoples’ actions when upholding their
rights, the media also fail to provide reasons, other than environmental motivations, for why
these events are happening. The media may generally overlook the destruction and damage to
territories and waterways that are relied upon by Indigenous peoples in the exercise of their
rights to a way of life that includes hunting, fishing, trapping, and other cultural ceremonial
and traditional practices; the violation of treaty rights and other agreements; unsettled land
claims; and self-determination (Clark, 2014; Crosby, 2021; Monchalin & Marques, 2014; Walker et
al., 2019). This failure of the mainstream media to provide decolonising context for Indigenous
peoples’ assertion of rights and awareness-raising efforts in attempts to protect lands and
waters serves to perpetuate and reinforce stereotypes that have been in place for more than
a century (Anderson & Robertson, 2011) and prevent Indigenous voices from controlling the
1
narrative (The truth behind First Nations pipeline protests video is an example of media
coverage that fails to incorporate Indigenous voices in contrast, see Get Off Our Territory:
2
Wet’suwet’en Land Defenders Condemn Canadian Police Raid on Pipeline Protest for how some
sources do incorporate Indigenous voices).
Organisational model
Another model suggests that neither market demand, nor social responsibility, nor media
ownership can have as much influence on the content of news as the routines of day-to-day
news production. The organisational model is more pragmatic in pointing out that the constant
need for news material and the pressure of deadlines in the news cycle lead to certain media
practices that shape news content. News media will favour stories that have been previously
reported upon and have an established background, such that they do not need to be constantly
starting from zero in shaping a story the audience can understand.
This habit of favouring stories that have already been reported upon is connected to the
use of simplification, personalisation, and stereotyping (Buckler, 2015; Ericson et al., 1991).
Simplification stems from the inability of media institutions to do extensive research before
producing a news story due to deadlines. The tendency in news stories is to stay away from
explanations, particularly ones that may be complex. For example, stories about homelessness
will rarely examine the structural causes of homelessness but rather focus on individual factors
(Calder et al., 2011; Schneider, 2014; Truong, 2012). Personalisation relates to the dramatisation of
news: How did people feel when this event happened? How would you feel if it happened to you?
Making a story relatable makes it easier for the audience to understand. Canadian journalists
reporting on homelessness indicate that they try to bring individual stories to light to help
readers understand the types of challenges underhoused people experience (Schneider, 2013).
Stereotypes are also easily understood by audiences. For example, the stereotypes of homeless
people as mentally ill, drug-addicted, unwilling to work, and engaged in criminal behaviour are
1. Scan the QR code to access https://www.youtube.com/watch?v=TiP2S9-4g-c
2. Scan the QR code to access https://www.youtube.com/watch?v=Tl53FklgkyI

commonly circulated in society (Calder et al., 2011; Schneider, 2014; Truong, 2012). Media stories
that resonate with these stereotypes are easy for the audience to understand as they do not
challenge their views.
Not everyone will necessarily interpret a news story the way the media producer intended.
The media may suggest an interpretation that many will accept, but the audience retains
autonomy in terms of interpreting content. For example, a story about police use of force may
be interpreted by different segments of the population as:
1. a legitimate exercise of force required in the course of police carrying out their duties;
2. an instance of a “bad apple” police officer who abused their authority, that is not reflective
of how most officers would have handled the situation; or
3. an example of the corrupting influence of power in the hands of an institution that
routinely abuses its authority.
This example of various possible interpretations based on a single story points to the fact
that the media do not dictate how we are to think. The media “leave space for different
moral readings by diverse audiences” (Ericson, 1991, p. 231). They provide us with information
that allows us to form our own interpretations based on our own beliefs, sensibilities, and
perspectives shaped by our personal and social experience. Thus, individuals or groups who
have had negative interactions with police may lean more towards the third interpretation
above, whereas those who have not may favour one of the first two interpretations.
The reason the dominant meanings may be more in line with those of the authorities can be
found in the voices selected for defining news stories. Becker (1967) describes a hierarchy
of credibility, whereby certain individuals are more readily accepted as being “in the know”
and more readily given a voice in news coverage (e.g., government officials, police, academic
experts). Ironically, the more widespread reporting of what these sources have to say lends
them even greater credibility, and it legitimises and reinforces their views as the ones most
likely to be relevant for further reporting. While the propaganda model might view the over-
accessing of people in positions of authority as an indication that the news is purposely trying to
have these voices influence the public, the organisational model views the preference for these
sources from a different perspective.
Here, again, it is the routines of news production that contribute to the over-accessing of these
sources (Corrigall-Brown & Wilkes, 2012; Hall et al., 1978). Firstly, journalists report on various
topics about which they may have little expertise. For their reports to appear legitimate, they
must cite people who are or appear to be credible and legitimate sources. Secondly, journalists
must appear to be unbiased and objective in their reporting. They can do so by reporting on
what these ostensibly knowledgeable sources have to say about the topic, instead of sharing
their own thoughts. Thirdly, the authorities are more organised and available to reporters.
When reporters are working with a deadline, they will rely on sources who take their calls/
emails, who answer their questions in a direct way, and who are prepared with a sound bite
on the topic in question. Many organisations, such as police departments, have developed
media relations strategies with specific personnel dedicated for that purpose (Schulenberg &
Chenier, 2014). Police are a steady source of crime news stories, so the media have an interest
in maintaining a good relationship with them to continue to have access to this source. Police
also have an interest in building good relationships with the media, as media representations
can contribute to the public image of police. In this way, we can see a symbiotic relationship
that exists between media and police (Barak, 1996; Gushue et al., 2018).
The over-use of authorities as sources does not mean that other sources cannot be included.
Becker (1967) describes the authorities as primary definers of the news. Other sources (e.g.,
community organisations, protesters, victims’ rights advocates, criminal offenders) may be
secondary definers, meaning that their voices can be included but usually as a response to
the ways the primary definers have established the parameters of the issue at hand. Secondary
definers are not given the status of being able to set the tone or construct the issue. They
can merely argue against or offer an alternate interpretation of the problem as defined by the
primary definers.
Cultural studies perspective
The cultural studies perspective (see chapter 12 Cultural Criminology) views media production
as a cultural practice imbued with meaning. Theorists from this perspective are particularly
focused on the work of representation that takes place within the sphere of media and how
this meaning can be deconstructed and resisted. They examine the ways in which individuals
and groups are portrayed and the impacts these portrayals have on the individuals and groups
themselves as well as on the media audience. They are interested in how some people come to
be constructed as dangerous or risky and how some issues come to be constructed as one type
of problem (e.g., a crime problem) rather than another (e.g., a health problem).
One major contribution to our understanding of media representations of crime and other
3
social problems is moral panics theory (see New Media and Moral Panics for more on moral
panics). The term moral panics was originally used by Jock Young but is more often attributed
to Stanley Cohen who most significantly developed it in his work Folk Devils and Moral Panics:
The Creation of the Mods and Rockers (1972). He examined the frenzied news coverage of
fights that had taken place between two youth groups, the “mods” and the “rockers,” identified
through their stylistic choices. Cohen (1972, p. 9) defined a moral panic as when “a condition,
3. Scan the QR code to access https://www.youtube.com/watch?v=jjg-Ln9pLlI

episode, person or group of persons emerges to become defined as a threat to societal values
and interests.” Moral panics occur when there is a gap between people’s perceptions of a
problem and the reality of the problem, and the difference can be explained ideologically (Hall
et al., 1978). Goode and Ben-Yehuda (1994, p. 156-159) further clarified that an episode can be
defined as a moral panic based on five crucial elements: heightened concern about an issue
or group, increased hostility toward those portrayed as responsible for the problem, a rapidly
emerging consensus about the problem, the disproportionality between the perceived threat
and actual threat posed, and a volatility in that the panic subsides quickly without any necessary
resolution.
Folk devils was the term used within this theory to refer to people or groups presented in
media as deviant outsiders and the cause of social problems. As was the case in the moral panic
described by Cohen, youth often find themselves cast in the role of folk devils. Moral panics
around youth are nothing new; many researchers have documented such panics revolving
around youth over several decades (Chibnall, 1977; Cohen, 1972; Faucher, 2007; Gilbert, 1986;
Killingbeck, 2001; Schissel, 2006; Silcox, 2022). Other groups have also been constructed as
folk devils at different times. Following the terrorist attacks on 9/11, Muslim people in general
came to be targeted as folk devils, despite the attacks being the work of a small group of
extremists (Morgan & Poynting, 2012). More recently, during the COVID-19 pandemic, people
from China and Asia faced hate crimes and xenophobic attitudes in reportedly greater numbers
and “covidiots” were also targeted as threats to society more broadly (Capurro et al., 2022; Gover
et al., 2020).
Another key concept within moral panic theory is the moral entrepreneur, a term used to refer
to individuals or groups who attempt to draw attention to and impose their moral perspective
on behaviours they deem deviant or criminal in order to advance their own interests or political
agendas. Becker (1963) divided moral entrepreneurs into two groups: rule creators who
advocate for legal change to have their moral views reflected in law and rule enforcers who work
to ensure the new laws are followed, such as police and enforcement agencies. To the extent
that moral entrepreneurs can access the media, their position is reinforced and legitimised.
Mothers Against Drunk Driving is a classic example of moral entrepreneurs engaging in
awareness-raising campaigns about the harms of driving while drunk and advocating for legal
changes to reflect more serious punishments for those who engage in such behaviours. The
Pro-Choice, Pro-Life, Black Lives Matter, and LGBTQ+ movements can also be viewed as moral
entrepreneurship.
In terms of the timing of moral panics, Cohen (1972) suggested that they can arise at any time if
there is nothing of greater interest going on at a particular moment. In other words, the timing
has more to do with a slump in the news than with any objective reality of the threat posed
by the folk devils. Schissel (2006) suggested that timing, particularly in regard to moral panics
about youth crime, had more to do with the economic and political context, diverting public
attention onto these ready-made targets at strategic moments.
Table 3.1 – Key points of the five models
Social
Market Propaganda Organizational Cultural studies
responsibility
Media is a business Media as a tool for Media content Content of news is Media content is a
developing an reflects the dictated by the cultural product
Crime news is a informed citizenry interests of the routines of news that serves to
product that powerful production socially construct
meets market People should be meaning
demand aware of crime in Street crime news Reliance on
their community serves to divert established Media
No need to and what is being attention away sources and story representation
regulate media done about it from other more lines may produce and
serious matters reproduce social
Media requires constructions and
regulation may be contested

3.2 How Media Frame Portrayals of
Offenders, Victims, and Police
DR. CHANTAL FAUCHER
In this section, we examine some of the ways in which crime and justice are constructed in
media representations. A key concept in media studies, framing, is explained first. It is followed
by a summary of some examples of ways in which criminal offending and offenders, victims of
crime, and criminal justice personnel and their actions are framed in media coverage.
Framing
Think of a picture in a frame. The frame sets the limits of what you can see, and you do not
necessarily know the context outside of what appears in the image within the frame. You do
not have access to the broader background. For example, you do not know if there were more
people present than those you see within the frame. You rely on the facial expressions of
those in the picture to understand how it felt. Likewise, in media framing, the media offer the
audience a snapshot of events and there is always something left out of the frame. As Entman
(1993, p. 52) states,
To frame is to select some aspects of a perceived reality and make them more salient in
a communicating text, in such a way as to promote a particular problem definition, causal
interpretation, moral evaluation, and/or treatment recommendation for the item described.
Altheide (1997, p. 651 – emphasis in original) further clarifies: “Frames are the focus, a parameter
or boundary, for discussing a particular event. Frames focus on what will be discussed, how it
will be discussed, and above all, how it will not be discussed.” Fleras (2011, pp. 36-37 – emphasis
in original) adds that framing is not neutral:
More specifically, a media gaze reflects a tendency by a mainstream media to frame the social
reality from an institutional point of view (i.e., predominantly straight, white, middle-aged,
middle-class, male) as natural and normal, while dismissing other aspects as inferior and
irrelevant, in the process drawing audiences into seeing like the media as if this seeing did not
involve any perspective or bias.
Some of the ways in which stories can be framed to give them greater salience in newspapers
is to cover them in the first place; to cover them intensely/repeatedly; to place them on the
front page, at the top of the page; to use bold headlines; to include colour, photographs or other
visuals; to have longer articles; and to use language that evokes emotion. (Carter, 2013; Conlin &
Davie, 2015; Gilchrist, 2010; Sommers, 2017; Wong & Harraway, 2020; Wortley, 2002).
3.2 How Media Frame Portrayals of Offenders, Victims, and Police | 95

Framing can also be episodic or thematic (Carter, 2013; Clark, 2014; Lee & Wong, 2019;
Schulenberg & Chenier, 2014; Surette, 2015). Episodic frames discuss crimes as individual events
generally unrelated to other events or any broader context. Episodic frames are the most
commonly used type of framing in crime reporting. They are simple and easy to understand.
For example, a man killed his wife. He was upset about their impending divorce. He used this
weapon. The police have arrested him. In contrast, thematic frames discuss events in their
broader context. An instance of a man killing his wife could be discussed as part of a broader
pattern of violence against women in society or, at the very least, as the culmination of a
pattern of abuse within their relationship. Such a story is more complex and meaningful in
terms of understanding why such events take place in our society (Fairbairn & Dawson, 2013;
Lee & Wong, 2019). Research on media coverage of domestic homicides suggests that the
media rely on episodic formats, blame victims for the incident (e.g., arguments they had with
the perpetrator, what the victim did to provoke the attack, promiscuous behaviour, why the
victim did not leave), provide excuses for perpetrators’ behaviour (e.g., mental state, financial
problems, intoxication, unable to control their emotions), but fail to convey the broader context
(Fairbairn & Dawson, 2013; Lee & Wong, 2019). Domestic homicides are generally deemed less
newsworthy and tend to receive less coverage and less salient coverage than non-domestic
homicides (Wong & Lee, 2018). Fairbairn and Dawson (2013) compared Canadian news coverage
from the late 1970s to coverage at the turn of the 21st century and found some improvements
over time in the frequency of reporting on a history of intimate partner violence preceding
domestic homicides. However, only 18% of stories reported on this background factor. The
authors contrasted that number with Statistics Canada figures suggesting that 56% of male-
perpetrated homicides followed a known history of abuse (Fairbairn & Dawson, 2013, pp.
165-166).
Crime, Criminal Offenders, and Deviant “Others”
Following the idea that news stories are selected based on the newsworthiness criteria stated
above (see Figure 1), a clear tendency emerges with respect to crime news: the rarest crimes
receive the most coverage, while the most common crimes rarely receive coverage. As such,
violent crimes, and especially murders or violent crimes committed by women, are vastly
overrepresented in crime coverage as well as in entertainment media, whereas the much
more prevalent property crimes are underrepresented. In addition, crimes that are particularly
dramatic, sensational, or bizarre are more likely to be covered in the media. This situation
leaves the audience (who rely on media for information) with a distorted picture of crime that is
practically the opposite of the reality of crime occurring in our society—Surette (2015) calls this
the “backwards law.”
Not only is the crime portrayed in the media out of proportion to its actual occurrence in
society, but there is also an emphasis on particular groups of offenders and victims. Visible
minorities are more likely to be portrayed as offenders than White people; however, they are

less likely than White people to be portrayed as victims or as law enforcement personnel
(Intravia & Pickett, 2019; Jiwani, 1993; Schissel, 2006; Wortley, 2002). Also, the concept of the
racialisation of crime raises the idea that when racial minorities are responsible for crimes,
the cause of their criminality is linked to their cultural origins, whereas White people’s crimes
are not blamed on their Whiteness (Chan & Mirchandani, 2002; Wortley, 2002). Race, in fact,
is rarely explicitly stated in media coverage; therefore, it may be more noticeable when it is
mentioned, particularly in contexts where the racial identification matches racial stereotypes
(Coogan, 2012; Faucher, 2008; Freng 2007).
For example, Carver and Harrie’s (2017) comparative analysis of two shooting events that
occurred in 2014 demonstrates that similar incidents may be framed differently in media
coverage due to the racial and/or ethnic backgrounds of those involved. Justin Bourque shot at
RCMP officers in Moncton, killing three, as retaliation against the government. Michael Zehaf-
Bibeau, who disapproved of Canadian military actions in Afghanistan and Iraq, killed a guard
at the War Memorial in Ottawa, then stormed Parliament and shot a police officer. Although
both incidents meet the legal definition of terrorism, only the actions of Zehaf-Bibeau were
described as terrorism in media coverage. Bourque was described as a “criminal,” a “gun-
nut,” and “anti-establishment,” and his religious affiliation was only mentioned as a means
of humanising him by discussing his childhood (Carver & Harrie, 2017). On the other hand,
Zehaf-Bibeau’s conversion to Islam was repeatedly emphasised, and words such as “radicalised,”
“jihadist,” and “extremist” were used (Carver & Harrie, 2017). In this case, his religion was used to
portray him as a criminal “other” within the pre-existing framing in the media linking terrorism
to Islam and the Middle East.
Another common media frame is the gangster. Media tend to portray gangs as having well-
established leaders and being highly organised and hierarchical, violent, and sophisticated in
the drug trade, all of which is at odds with what is known about most gangs (Gushue et al.,
2018). It may serve police interests, however, to portray gangs as more organised than they
actually are when it comes to seeking more resources in their fight against gangs. Gushue et al.
(2018) examined the Vancouver Sun’s coverage pertaining to Jamie, Jonathan, and Jarrod Bacon
from 2004 to 2015. The coverage generally portrayed them as sophisticated and powerful gang
members who posed a significant public safety risk due to their dangerous enemies. The most
commonly occurring keyword in the coverage was “brother,” and the coverage portrayed the
brothers as a family, not as individuals. Information about different brothers was mentioned
in articles about a single brother, even when this information was irrelevant. Shows of family
support were also emphasised, creating the image of a Sopranos-like crime family (Gushue et
al., 2018). Almost all the coverage of the Bacon Brothers came after the October 2007 “Surrey
Six” slaying, although almost all of Jarrod and Jonathan’s charges occurred before 2008 and
Jamie’s role in the 2007 slaying was comparatively minor (he pleaded guilty to being involved
in the planning, but not in carrying out the murders). They may have been considered more
newsworthy due to a lack of fit with the stereotype of ethnic minority youth gangs than due
to their actual criminality: they were from a homegrown “normal” family, and they fit into the
popular narrative of “crime families.”

The framing of issues along lines of race can also be observed in the media coverage of
opioid overdose deaths, as can the framing of issues along lines of class. Webster et al. (2020)
argue that White and middle-class people who become addicted are portrayed as innocent
victims, and efforts are made within the coverage to distinguish these users from “street
users.” According to Johnston (2020), the focus of the coverage is on “normal,” White, middle-
class young people from “good families” who overdose. These stories include photographs and
interviews with family and friends. These young people are portrayed as innocent victims of evil
drug dealers and foreign drug manufacturers. On the other hand, such coverage ignores the
severity of the problem among the Indigenous and middle-aged population. Opioid addiction in
Indigenous communities is presented as a chronic community issue, and few personal stories
or photos are used. Such coverage reinforces the colonial narrative of the “degeneracy of
Indigenous peoples” (Johnston, 2020, p. 123) and positions government responses as superior to
those suggested by the Indigenous community.
Crime Victims
Just as media portrayals of offenders rely on stereotypes, so too do portrayals of victims. Nils
Christie (1986, p. 18) argued that there are certain types of people who “when hit by crime –
most readily are given the complete and legitimate status of being a victim.” He was referring to
being given this status at the societal level, but we certainly see the ideal victim stereotype play
out in media as well. He described an ideal victim as one who would be perceived as weak, was
confronted by a “big and bad” offender, was engaged in respectable activities, could not possibly
be blamed for their victimisation, was unacquainted with the person who harmed them, and has
sufficient social power to have their victim status recognised and to receive sympathy.
Kilty and Frigon (2016) examined the extensive media coverage of Canadian serial killers Karla
Homolka and Paul Bernardo’s three known victims: Tammy Homolka, Leslie Mahaffy, and
Kristen French. Although all three victims were young White women, Kristen French, who
was kidnapped while walking home from school, most closely conformed to the ideal victim
stereotype. During the period they studied, the authors found over five times more articles
about the murder of Kristen French than about the murder of Tammy Homolka, who was related
to her attackers. There were also about 20% more stories about Kristen French than about
Leslie Mahaffy, who was coming home past curfew on the night she was abducted by Homolka
and Bernardo.
In contrast to these young White victims, some victims do not receive nearly as much, if any,
media coverage of their assaults, sexual assaults, disappearances, and murders. A shameful
number of Indigenous women and girls have gone missing and been murdered in Canada over
the last several decades, which led to the Missing and Murdered Indigenous Women and Girls

1
Inquiry and subsequent report (see also the case study in chapter 11.7 Feminist Criminology).
The media have been slow to cover these cases, and the coverage has been underwhelming
(Cripps, 2021; Gilchrist, 2010; Hugill, 2010; Jiwani & Young, 2006; McDiarmid, 2019). In examining
the coverage of the missing and murdered women from Vancouver’s Downtown Eastside, in
particular those linked to the Pickton farm, Jiwani and Young (2006) explained that these
victims did not conform to the ideal victim stereotype: they were minority women in the wrong
place at the wrong time and engaged in activities that would not be considered “respectable.”
The authors’ examination of the limited news coverage (128 stories) of these cases found that
the framing of these stories told viewers that these are stories about: 1) missing women who
were mostly Indigenous drug-addicted sex trade workers, 2) one deviant man’s (Pickton’s)
actions, 3) inadequate and ineffective police action, and 4) a horror story about a pig farm and
contaminated meat. Such frames offer very little understanding of what happened and why. The
authors describe what was virtually absent from the coverage: the larger structural context of
these women’s lives, colonialism, racism, sexism, residential school trauma, the condition of the
women’s homes and communities, and the broader issue of violence against women (see also
Hugill, 2010).
Gilchrist (2010) examined press coverage of six missing and murdered women, none of whom
were known to be involved in the sex trade, and none of whose families believed had run away.
Three of them were Indigenous women from Saskatchewan, and three were White women
from Ontario. There were 3.5 times fewer stories about the disappearances and deaths of the
Indigenous women. The White women’s cases were not only mentioned much more often,
but they also included lengthier articles, were more likely to appear on the front page and in
the front sections of the newspaper, the headlines referred to them by name, they included
emotional messages from family and friends, and they were accompanied by more and larger
photographs.
Cripps (2021) examined the media attention given to two cases of sexual homicide: one in
Australia (Lynette Daley) and one in Canada (Cindy Gladue), both involving Indigenous women.
Neither case initially received much media attention, but when the cases went to trial, the
media began to cover the stories of these two women’s deaths. In particular, the presentation
in court of Cindy Gladue’s preserved torn vaginal tissue as evidence elevated the media
sensationalism surrounding the case while reducing this victim’s humanity by focusing on the
size of the tear rather than the loss of her life. The way in which the media framed these deaths
was in line with dominant racist, sexist, and colonial discourses about Indigenous women and
dangerous lifestyles that include violence. Victim-blaming discourses were included in the
coverage, such that any empathy the public may have felt for the women was somehow muted.
1. Scan the QR code to access https://www.mmiwg-ffada.ca/final-report/

In the case of Cindy Gladue, the media were much more likely to include information from
the perspective of the offender than from Gladue’s family. Including information from victims
(or in the case of homicide victims, from their family and friends) contributes to the social
construction of victims as “grievable” (Cripps, 2021, p. 317).
The term “Missing White Woman Syndrome” has been specifically examined in American
research, though not in Canadian research to our knowledge, to refer to the phenomena
described above (Conlin & Davie, 2015; Moss, 2019; Sommers, 2017; Stillman, 2007). Certain
people who go missing are more likely to have their cases reported in the media and more likely
to receive extensive coverage. The intersectionality of race, gender, and class appears to enter
into the differential valuation of various victims (see also the Feminist Criminology chapter).
The message the media send with such discrepancies in coverage is that some lives are more
valuable than others and the audience will care more about certain victims than others. It also
signals to perpetrators which targets are easier (Sommers, 2017) and that some victims are
more deserving of our collective sympathy and (search/police) resources (Stillman, 2007). These
signals were also evident in the Bruce McArthur case, where relatively little coverage was given
to his first seven victims (male victims, all of whom were linked to Toronto’s Gay Village and of
South Asian or Middle Eastern origins), but the increased coverage of his eighth victim (who was
White) led to McArthur’s arrest (Bouchard et al., 2020).
Law Enforcement
As noted above, the police and media have a mutually beneficial relationship that allows the
police to be primary definers of crime news. Their views will be presented first, more regularly,
and with authority. Those who come into conflict with the police may have a difficult time
having their views represented in mainstream media.
However, in recent years we have seen instances in which the hierarchy of credibility shifts
away from the police, particularly when police misbehaviour is captured by “citizen journalists”
and disseminated to the public. Images and video of the taser death of Robert Dziekanski at the
Vancouver airport, for example, came from cellphone camera footage recorded by bystanders
(Goldsmith, 2010). Similarly, research on media coverage of the G20 protests in Toronto in 2010
found that, prior to and during the Summit, the police were the primary definers and were
successful in defining the protesters as the problem (Schulenberg & Chenier, 2014). However,
“Post-summit, the pendulum dramatically shifts to protesters as victims and police officers as
villains. No citizens are quoted by the media, who suggest the police did a good job or provided
assistance” (p. 278). Police came to be defined as the problem. This shift resulted from several
individuals posting videos to YouTube in which police behaviours were depicted as “brutality”

and in violation of civil rights. See this link for an example of coverage of these protests and the
2
portrayal of protesters and the police.
Such shifts in representations of police mis/behaviour may also depend on the political
orientation of the news outlets publishing the information. For example, Chama (2019)
compared the views of readers of two New York tabloids on their representation of instances of
police brutality and the Black Lives Matter (BLM) movement more generally. The New York Post,
criticised for being highly sensational and displaying conservative bias, was felt by readers to
offer a generally more unfavourable portrayal of BLM. The newspaper blamed the movement for
confrontations with the police and tended to portray Black people as criminals, White people
as victims, and police as good people who were justified in their actions against Black people.
The New York Daily News, while also quite sensational, was seen by readers as offering more
positive representations of African Americans and a more positive view of BLM while portraying
police as racist and dysfunctional and questioning police behaviour.
We can also see negative and distorted images of police in entertainment media, where police
have little influence over media content. Surette (2015) describes three main stereotypes of
police that have been developed in crime films over time: “lampooned police” (satirical
representations of police as bumbling and incompetent), “G-men” (professional and efficient
crime fighters), and “cops” (hypermasculine aggressive crime-fighting soldiers, with sub-types
emerging as time moves forward). As with most stereotypes, these representations fail to
capture all or even most police officers’ realities and come with negative consequences such
as discrediting police as incompetent or creating a restrictive image of policing that excludes
women. Huey and Broll (2015) interviewed 31 Canadian police investigators about the ways
in which certain aspects of their job were portrayed in television crime shows. While some
acknowledged that the media portrayals of police work did contribute to their career choice,
they also admitted that the reality of their work had little to do with the sanitised, glamorous,
exciting, or “sexy” image of police investigations seen in shows such as CSI. The officers
interviewed talked about bad smells, maggots, combing through trash, being sleep deprived,
being covered in grime from blood and fingerprinting dust, having to wear masks and other
protective equipment, and being sweaty and uncomfortable. These behind-the-scenes aspects
of the reality of police work may not be as appealing to the media audience without first being
“cleaned up” by the media producers.
2. Scan the QR code to access https://www.youtube.com/watch?v=3sI8p0gH9QQ
3.3 Future directions
DR. CHANTAL FAUCHER
This chapter has mainly focused on news media representations of crime and criminal justice,
but it is clear that entertainment media similarly distort the image of crime in their portrayals.
Media scholars distinguish traditional or legacy media, which encapsulate newspapers,
magazines, radio, television, films, as well as books and music recordings, from new media,
which includes Internet, video games, and social media (Surette, 2015). New media have
transformed the landscape and shaken the foundations of some of the theories discussed in this
chapter. Media organisations no longer hold a monopoly on news, and the version of the world
they present is subject to far greater challenges and counter-narratives than they were in the
past (Fleras, 2011). New media shift the role of the audience from passive consumers to active
participants and producers of media content. Internet news and social media operate differently
than traditional news, as they encourage engagement. They offer an oppositional gaze to the
dominant media gaze (Fleras, 2011). Research has found that engagement in social media can
contribute to changing opinions and increasing activism as well as impacting the fear of crime
(Grant & Smith, 2021; Intravia et al., 2017; Intravia & Pickett, 2019).
The shift is not complete, however, as “looping” between the legacy and new media is apparent.
Looping refers to the recycling of media content in different formats, different contexts, and
different outlets (Surette, 2015; see also chapter 12 Cultural Criminology). It is not uncommon to
see social media posts linking to traditional media reports. Likewise, traditional media include
quotes of what people have said on social media posts on the topic of their reports.
The advent of social media has also allowed groups whose voices have often been silenced
in mainstream media to have a platform for sharing their views, shining light on injustice,
keeping authorities in check, and advocating for social justice. Cellphone footage of police
use-of-force incidents shared online have contributed to challenging the dominant discourses
whereby police were the only ones defining what happened in particular incidents. The power
of movements such as #MeToo has led to the push for the removal of high-status individuals
from their roles in public life with unprecedented frequency (see, for example, the case of
former judge Robin Camp in chapter 11.4 Sexualised Violence).
Several social movements have also been able to harness the power of social media to some
extent in advancing their economic and political concerns (e.g., Arab Spring, BLM). The Idle No
More movement, which is a grassroots Indigenous movement started in 2012, has gone even
further than merely raising concerns about Indigenous and treaty rights. The #IdleNoMore
hashtag allowed organisers to not only disseminate information and frame it to help the public
understand the stakes, mobilise people and resources, unite geographically dispersed people,
share opinions, and criticise policy, but also to reflect Indigenous culture more broadly through
discussions of group membership, land, epistemologies, cultural production, resistance, and
language (Raynauld et al., 2017; Richez et al., 2020).

3.4 Conclusion
DR. CHANTAL FAUCHER
In this chapter, we examined the importance of media representations of crime. We considered

how crime stories are selected and shaped for coverage from different theoretical perspectives,
and we discussed whose interests are served in that process. We acknowledged that not all
voices are heard in news coverage and that some voices are, in fact, privileged in constructing
narratives around crime and justice. We examined the process of framing and how some
crimes, criminal offenders, crime victims, and law enforcement officers are framed through
media depictions. We highlighted examples of stereotyped portrayals that create, perpetuate
and reinforce racist, sexist, classist, and colonialist discourses and ideas. Lastly, we examined
the contrast between traditional and new media and the ways in which new media may shift
the power dynamics that have governed traditional media and silenced certain voices.
Criminologists are beginning to recognise social media platforms as perhaps more conducive
to bringing criminology to the public in ways that have not been possible in traditional media
formats.
3.4 Conclusion | 103

3.5 Discussion questions
DR. CHANTAL FAUCHER
1. In this chapter, five models are described to account for media content on crime and
justice issues (the market model, social responsibility model, propaganda model,
organisational model, and cultural studies perspective). Which model do you believe best
accounts for the media content you have observed? What evidence have you seen that
aligns with this model? Provide examples.
2. Watch the evening news and consider the crime stories that are reported. Which
newsworthiness criteria do you believe led to each story being included in the newscast?
What are the problems associated with the filtering of crime news in this way?
3. Pick an example of an event or issue that you believe may constitute a moral panic.
Identify the folk devils, moral entrepreneurs, and Goode and Ben-Yehuda’s (1994) five
crucial elements for this moral panic.
4. What are the advantages and disadvantages of media framing when it comes to crime
reporting? For offenders? For victims? For law enforcement personnel? For journalists?
5. In what ways, if any, do new media alter our understanding of crime and justice issues?
6. Provide an example of a crime you learned about on social media and reflect on how
learning about it on social media might differ from how it was represented in traditional
news media formats.

3.6 References
DR. CHANTAL FAUCHER
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4.1 The Origins of Race and Racism
DR. MICHAEL MA
Race is a social invention, also referred to as a social construct (see chapter 1 What is Crime?)
that is, in part, a historical product of Western European colonisation and the systems of Trans-
Atlantic slavery. Through a process of discovery, dispossession and colonisation, practices
of race and racialisation, which persist in the 21st century, developed through a Western
European encounter with non-Western people as early as the 15th century. The encounter
created a conceptual and practical framework of Western European versus non-Western
“others” and what the Europeans considered uncivilised new worlds. The framework was later
expanded and adopted worldwide. The encounter with non-Western societies also gave rise to
flawed ideas about human variety, which then became attached to notions of biology, helping
cement race as a biological, common-sense belief.
An important component of race and racism is the scholarly pursuit to hierarchise and
categorise the physical differences and appearance of human beings. During the 18th century,
many European scholars attempted to categorise humans into distinct biological groups. The
German physician and anthropologist Johann Friedrich Blumenbach imagined there were
different races of human beings, including the “Caucasian variety”—named after an area in the
Caucasus mountains that he believed produced the “most beautiful race of men” (Blumenbach,
1865, p. 269). In this regard, Blumenbach’s thesis was more of an aesthetic judgment than a
scientific investigation of the human race. However, his work was instrumental in establishing
“Caucasian” as a privileged category. Blumenbach and others began to measure skulls, the
height of foreheads, the angle of jawbones, the shape of teeth, eye sockets, and nasal bones to
differentiate the “races.” Blumenbach concluded that humankind was split into five categories:
Caucasians, Mongolians, Ethiopians, Americans, and Malays. Today, biologists and geneticists
no longer believe in the physical existence of races, and Blumenbach’s scientific method and
theories have been discredited as pseudo-science and scientific racism (see chapter 6
Biological Influences on Criminal Behaviour).
A critical perspective on race rejects the idea that race is a natural category reflecting real
human differences but rather understands race as a social construct used to artificially sort and
divide humans. The question that needs to be asked is, “If race is a flawed social construction,
why do we not simply change, alter, or erase the idea of race?” The reason we cannot simply
do this is because race has become a naturalised part of the way society understands and sorts
people, and it is deeply embedded in common sense and institutions.
This chapter proposes that race is important to criminology because it is a powerful way people
are identified, categorised, judged, and treated differently in modern societies. We can infer that
the criminal justice system must also use race to interpret the world—that is, police, courts, and
corrections leverage and use race as part of their everyday operations. Race not only influences
the actions of individuals (e.g., police officers) but also organisations and institutions who
4.1 The Origins of Race and Racism | 111

racialise the populations they encounter. We can observe how race is a factor in interpersonal
interactions, in institutional settings, and on a systemic level. To understand how race became
such a systemic organising idea, it is necessary to examine the history of colonialism.

4.2 Colonialism and Criminal Justice
DR. MICHAEL MA
As a term of reference, “colonialism” often refers to how European expansionism moved

throughout the world beginning in the 15th century. The “new world” of the Americas was
“discovered” by European explorers who understood their colonial expansion as a way to claim
territory and riches and tame “savages” through the introduction of European logic, science,
rule of law, government, trade and religion (Said, 1978). This “doctrine of discovery” is based
on the legal concept terra nullius—meaning that the “newly discovered” territories belonged
to nobody and could therefore be claimed by occupation (see Why Pope Francis faces calls to
1
revoke the Doctrine of Discovery ).
The European colonisation of the “new worlds” took different forms. In Canada, colonisation
and settlement followed a process of agreements or treaties that were allegedly settled between
Indigenous nations and colonial forces of Britain and France. However, these agreements and
treaties were also wilfully ignored by the colonial powers. The emergence of the Canadian
confederation (1867) fundamentally altered the relationship between Indigenous peoples and
the newly formed Canadian government (Coyle & Borrows, 2017; Kirkby, 2019).
Coinciding with European expansionism was the rise of nationhood—the idea that the world
is divided into distinct nations made up of peoples with inherent ethnic, cultural, and even
biological characteristics (Calhoun, 1997). During colonial expansion, however, European
notions of difference began to focus on categorising human groups based on skin pigmentation
and facial/bodily features associated with emerging scientific notions of human evolutionary
development. Scientific racism proved to be a useful tool for colonialism. Studies like
Blumenbach’s seemed to provide an objective confirmation of a hierarchy of racial order and
helped generate a myth of Western European racial superiority that allowed for the colonisation
of the Americas (Painter, 2010). Our contemporary everyday use of the term “Caucasian” is an
illustration of the long-lasting and ongoing power of this discredited scholarship. It was the
scholar W.E.B. du Bois who pointed out that the 19th and 20th centuries were organised by a
“color line”, whereby society is organised by a logic of “the darker to the lighter races of men in
Asia and Africa, in America and the islands of the sea” (Du Bois, 1996, p. 7).
Colonisation is the implementation of a political, legal, and economic system that is controlled
1. Scan the QR code to access https://www.theglobeandmail.com/canada/article-pope-visit-doctrine-of-discovery/
4.2 Colonialism and Criminal Justice | 113

through a foreign sovereign authority. Therefore, under the British Empire, a common flag
represented all colonies that were part of the nation. The colonising force views the relationship
between the “metropole” (or “motherland”) and its colonies as paternalistic, whereby the
metropolitan centre of the Empire led a civilising mission that extended throughout the
colonies. Part of this mission involved the maintenance of order and the assertion of authority
over the new territories via criminal justice systems based on European models.
English criminal law, which applied to the early colonies, became the basis for the first Canadian
criminal code after the confederation of Canada in 1867. In 1873, Sir John A. MacDonald deployed
the Royal Canadian Mounted Police (RCMP)—originally named the “Royal Northwest Mounted
Police”—which was modelled on existing British police forces. The British criminal justice
system developed as part of a tradition of governance based on Western European notions
of property, ontology, and religion. The British tradition of maintaining order was radically
different from Indigenous practices, and its practices were often deployed against the interests
of the Indigenous population.
Canadian colonialism was based on resource extraction and trade. Earlier treaty agreements
between Britain/France and Indigenous peoples put limits on the colonial appetites for
expanding the lucrative fur trade and exploiting the land and natural resources. Eventually,
treaties stripped Indigenous peoples of title to land and sovereignty and restricted their
movement and freedom on the land (Asch, 2014; Borrows, 1997). The RCMP was an important
party to this history of dispossession because they were used to enforce the Indian Act (1876)
that controlled and disciplined Indigenous peoples without their consent (see Historical events
2
in RCMP-Indigenous relations for more information on the role of RCMP ). Indian agents
working in conjunction with the RCMP enforced a repressive pass system that denied entry and
exit from a reserve without the permission of the state agent. As a system of border control,
which led to the criminalisation of Indigenous life, the reserve became a central part of Canada’s
system of colonial control.
The RCMP played a key institutional role in ensuring the cooperation and subjugation of
Indigenous peoples. For example, to protect and expand settler-colonial interests, the RCMP
helped remove the legitimate Métis government established in Manitoba in 1870 through
military engagement. It fought Indigenous peoples to help expand the Canadian Pacific Railway
that allowed settler-corporate expansion over unceded Indigenous territory. It was
instrumental in relocating Indigenous peoples who were dispossessed of their lands and
territory. They enforced the illegal pass system, suppressed cultural practices (e.g., the sun
2. Scan the QR code to access https://www.rcmp-grc.gc.ca/en/historical-events-rcmp-indigenous-relations

3
dance and potlatch, see About Potlatch 67–67 ) and helped distribute lands to settlers that were
illegally acquired and in breach of Numbered Treaties. As truant officers, the RCMP captured
and returned children who ran away from residential schools.
3. Scan the QR code to access https://potlatch6767.com/about-potlatch-67-67/
4.2 Colonialism and Criminal Justice | 115

4.3 The Practices of Race in Colonialism
DR. MICHAEL MA
Scholars argue that colonialism is a system of governance that relies upon institutional forms
of racism that develop over three stages (Fanon, 1968). First, the colonising power invents
a distinction that is used to separate themselves from the population they seek to control.
Second, the colonial power uses the idea that colonised peoples are different types of humans
to justify its control over territorial space. Thirdly, the colonising power understands its own
civilisation as superior to that of the people who are being colonised. This unequal power
relationship between people is legitimated through legal, moral, religious, and later scientific
forms of justification.
During the intensification of European colonial expansion in the 17th and 18th centuries, the
process of categorising the Indigenous “other” as racially distinct from and inferior to the
coloniser simultaneously produced a “superior” racial category that applied to Western
European colonisers. That is, a species distinction grew out of the practice of colonisation
that assumed the Indigenous “other” to be a product of an inferior race, nation, and ethnicity.
Viewing Indigenous peoples as primitive and backwards permitted Europeans to present their
hostile incursions as paternalistic efforts to “civilise” the land and its inhabitants.
The civilising mission was a moral and religious mission of purification (Valverde, 2008). Part
of the civilising mission in Canada involved the establishment of the residential school system
designed to “Kill the Indian in him, and save the man” (The Truth and Reconciliation
Commission, 2015, p. 137). Through this state- and church-mandated residential school system,
all “Indian” children were systematically rounded up with the support of the RCMP and placed
in the care of institutions. Familial and tribal bonds were broken; children were taken away for
many months or years and in many cases were unable to return to their homes. During their
time in residential schools, children were forbidden to speak their native languages; European
food, religion, customs and styles of clothing were imposed upon them; and many were starved
and malnourished. Furthermore, the school system had a history of physical and sexual abuse
that has been well documented (see chapter 6 Biological Influences on Criminal Behaviour). The
system of colonial civilisational structures remained in place well into the 20th century, with
the last school in Punnichy, Saskatchewan, closing in 1996.
One way that racism becomes systemic is through law. The British system of criminal law was
imposed through the Empire to establish that various cultural practices were deemed barbaric
and uncivilised. For example, in India, the British established laws against social and religious
practices (e.g., the criminalisation of dowry (Khanal & Sen, 2020)), and in Canada, Parliament
passed legislation that banned Indigenous practices deemed uncivilised (e.g., potlach, sun
dance, and systems of trade) and laws that segregated First Nations Peoples into reserves and
prohibited their mobility with a “pass” system regulated by an Indian agent. Legal processes

were also introduced that determined and restricted non-White Canadians’ status, rights,
democratic representation, citizenship, and belonging (Roy, 2004).
4.3 The Practices of Race in Colonialism | 117

4.4 Race and Racialisation Today
DR. MICHAEL MA
In addition to the history and practice of colonialism, we can also examine race as an everyday
operation or as a common mental shortcut whereby a person’s physical appearance becomes
a stand-in for appraising how they act, think, feel or exist in society. We can understand such
mental shortcuts as stereotypes or unconscious biases that are used to arrive at an assessment
based on appearance (e.g., skin colour, facial features, and/or hair texture). We can understand
these judgments, opinions, and actions as things that people “do” to others.
Race as an Action
First, we can understand “race” as a verb or an act that is “done” to someone in that people or
subjects can be “racialised” by a person, an act, or a system. This act assigns an individual, based
on observed or assumed somatic, phenotypical differences, to a particular racial category that
operates in a society. In this regard, race is a practice. For example, in the context of Shereen
Hassan’s experience of being denied entry into the United States, we can understand that she
was racialised by a system of border control (e.g., post-911 Homeland Security or the United
Nations’ no-fly list) that uses race as a form of identification. Although Hassan’s first problematic
encounter with border officials was before the events of 911 and before the establishment
of heightened American security and border control, we can still understand her ongoing
identification as a person of interest as being related to her racialised identity; the post-911
environment just increased the scrutiny. Her name and description are forms of identification
that match another name and description of a person of interest to American border security
services. In this regard, her matching name and description are not racist in nature because
they are simply a match. However, we can understand that the reason for the production of
such lists and databases is the outcome of a racialised post-911 heightened security and border
control culture that specifically targets names that have a Middle Eastern, non-Western, and/
or Islamic religious connection. “Hassan” as a proper noun racialises a person because of its
non-Western linguistic origins. It is in this regard that Shereen Hassan was racialised. She
was not denied entry because she was not White, but rather because she has a specific kind
of non-Western name that was of interest to border security in the context of heightened
post-911 securitisation. She was denied entry because border officials were now using a race-
based system of screening. It should be noted that the Canadian passport has no specific racial
identification except for the photograph and place of birth. In this regard, the passport is not
specifically racist nor racialising, but it does provide information that allows for negative or
harmful racialisation on the part of post-911 border security operations and practices (Amery,
2013; Chebel, 2012; Cole, 2005; Nagra, 2017; Dua et al., 2005).

Secondly, people get racialised not because of desire, want or intention, but rather in spite
of their own agency. Individual people become racialised because race and racial identity is
such a strong component of contemporary society. People are born into conditions not of
their own choosing, and “race” is one of those conditions. Shereen Hassan did not choose her
conditions of birth, while history chose to racialise her as non-Western and non-White. Other
seemingly benign institutions also participate in systems of racialisation. For example, Statistics
Canada’s surveys of Canadians always include a question regarding race. The word “race” is
not included in the question, but the categories cannot be understood as anything but race
based. The Statistics Canada National Household Survey (Long Form) asks the respondent to
self-identify as these possible choices: (1) White, (2) South Asian (e.g., East Indian, Pakistani, Sri
Lankan, etc.), (3) Chinese, (4) Black, (5) Filipino, (6) Latin American, (7) Arab, (8) Southeast Asian
(e.g., Vietnamese, Cambodian, Laotian, Thai, etc.), (9) West Asian (e.g., Iranian, Afghan, etc.),
(10) Korean, (11) Japanese, (12) Other — specify. Some scholars would point out that the offered
category and choice of “White” is not a racial category at all in so far as the other non-White
categories are biologically and racially coded. That is, few White people would self-declare
they belong to the White “race” because of negative White supremacy overtones, whereas it is
accepted to understand non-White identities as legitimate races or ethnicities.
The survey asks participants to self-declare their race or racial identity. It does not ask for proof,
but merely asks you to examine yourself and declare. Sometimes the question is posed with the
terms “ethnic or cultural identity” instead of the word “race.” In this regard, the terms “ethnic,”
“cultural identity,” and “race” can be understood to be somewhat interchangeable. This is further
complicated by other studies that state the top three self-identified ethnic groups in Canada
are Scottish (13.9%), English (18.3%), and Canadian (32.3%). The concepts of race and ethnicity
in this regard are interchangeable, and yet we can acknowledge that to be ethnically English or
Canadian is a radically different self-identification than Black, Chinese or South Asian because
“English” or “Canadian” are not actual denotations of race. Herein lies the beginnings of the
problematic definition and use of the term “race.”
In the context of the Canadian Police Information Centre (CPIC), the RCMP helps maintain
a central database whose information is served and used by municipal and provincial police
services across Canada. The CPIC specifically requests users (e.g., police officers) to enter racial
information into the database. Any entry regarding a wanted person or an accused must include
racial information. Municipal police services may also maintain their own racialised databases.
For example, the Vancouver Police Department uses the categories of Asian, Black, Caucasian,
Hispanic, Indigenous, Middle Eastern, South Asian, Other and Unknown (see the Street Checks
1
Report to the Vancouver Police Board ).
1. Scan the QR code to access https://vpd.ca/wp-content/uploads/2021/06/understanding-street-checks.pdf
4.4 Race and Racialisation Today | 119

Practices that force participants and users of a survey/database to assign race to subjects
constitute systemic racialisation because they compel the user to understand that society
is racially divided and that people are members of distinct and separate races. Systems of
racialisation (e.g., police databases) can also become amplified when they combine with other
actions and practices—institutional or individual—that can be negative or harmful towards
racialised persons. Forms of racialisation that have negative or harmful effects are what many
scholars are referring to when they speak about “racism.”

4.5 Police Racial Profiling
DR. MICHAEL MA
Racial profiling is the use of race by police and border security to select subjects for
surveillance, detention, and/or arrest. Studies have shown that racialised people—especially
Black people—are ticketed for motor vehicle violations, charged for possession of controlled
substances, brought to a police station, and given overnight stays in police detention at a rate
greater than that of White people (Rankin, 2002; Alexander, 2010). Racial profiling has come
under scrutiny as a police tool because it is understood that police use stereotypes and bias to
conduct the business of public safety.
Canadian research regarding police and race is overwhelmingly focused on the issue of racial
profiling and the use/abuse of racialisation as a policing tool. Within this body of research,
tension exists between two polarities: 1) scholarship that reveals the presence and practice of
bias in racial profiling and 2) scholarship that disputes racial profiling as a racist practice or
as a practice embedded within racial bias (Gabor, 2004; Gold, 2003; Stenning, 2011; Wortley
& Tanner, 2003; Wortley & Tanner, 2005). The former involves research demonstrating that
particular ethno-racial groups are subject to greater surveillance and policing than non-
racialised groups (i.e., “White”), while the latter defends practices of profiling as valid tools of
police work that are not premised on racial bias. Some criminologists, like Thomas Gabor, argue
that race or ethnicity is part of a criminal profile and that race-based selection is a legitimate
policing tool. In this regard, Gabor would support the profiling and detention of Shereen Hassan
because the identification of her ethnicity or race is a legitimate use of race as a tool of criminal
investigation and/or border control.
A common problem with studies of racial profiling is that the research seldom differentiates
between different racial minorities (e.g., African-Canadians, Chinese-Canadians, Japanese-
Canadians, South Asian-Canadians) and in so doing suggests that non-White people are merely
a single homogeneous “other.” The study of racial profiling often does not present a clear or
consistent reference point regarding who or what constitutes a race or a racialised person
(i.e., a “Black” person). For example, in many Canadian studies that focus on the way African-
Canadians are treated differently by police services, they do not define who and/or why
someone is “Black” (Mosher, 1996; Henry & Tator, 2005; Satzewich & Shaffir, 2009; Tanovich,
2002). In so doing, the research unwittingly creates methodological ambiguity regarding
the—Black—subject/object of racialisation. Although we can agree that Shereen Hassan was
racially profiled at border crossings, studies of racial profiling at borders seldom explain how
that process of racial profiling actually occurs through the profiling of name, race, religion,
nationality, skin colour, facial features, language and/or accent. For a recent examination
4.5 Police Racial Profiling | 121

of discriminatory practices at the border, see 1 in 4 border officers witnessed colleagues
1
discriminate against travellers: internal report .
1. Scan the QR code to access https://www.cbc.ca/news/politics/one-quarter-border-officers-witness-

discrimination-1.6552453

4.6 Intersectionality
DR. MICHAEL MA
Race is also often understood in the context of a multi-dimensional structure of race, class
and gender, sexuality, and (dis)ability. Intersectionality —as a concept of analysis (see chapter
11.7 Treatment in the Criminal Justice System)—is designed to show how these categories and
their social effects are interlinked or interlocked in a way that makes them difficult to pull apart
and analyse as separate entities. That is, race, class and gender, sexuality, and (dis)ability are
understood to act together to produce social effects such as social division, oppression, and
entitlement. Critical legal theorists like Kimberlé Crenshaw and others have used the concept of
“intersectionality” to describe how race intersects with social and economic class, gender and
sexual expression, nationality, and other institutional markers of identity (Crenshaw, 1989).
Intersectionality research attempts to reveal that racial bias is not just a feeling or belief held by
a single person, as racism and racist practices exist in symbiotic relationships with other social
factors. Intersectionality—as a concept—allows us to see that people do not just act alone in
their bias or that racial bias simply exists by itself; rather, race is intersected with other social
institutions, practices, and actions. It is interlocked and interdependent on other social traits
and/or social conditions. For example, in the case of Shereen Hassan, the way she is understood
at the border is not just as a non-White person, as she may be also interpreted or judged as a
middle-class, non-White, cis-gendered, female Muslim immigrant. Her race does not exist nor
act alone.
Through a lens of intersectionality, it is possible to examine race and how it is jointly expressed
as economic wage disparity, housing disparity, health disparity, education disparity, and/or as
overt acts of violence and aggression. Race is intersected and interlocked with other forms
of oppression to such a degree that it may be a misnomer to simply name it and reify it
as something called “race.” Maybe it should be renamed something like “race-class-gender-
sexuality-(dis)ability and how they are interlocked in their social operation and history.” The
framework of intersectionality reminds us that the concept of race or racism should only be
used as a term of analysis and investigation and not as a “thing” in itself. That is, when we use
the term “race”, it only serves to allow us to focus on the specific ways racialisation operates (i.e.,
racial bias or racism). Scholarly use of the term “race” does not imply that racial categorisation is
a correct or natural way to understand people; rather, it recognises that it is a significant mode
of categorisation that, along with others, can produce social effects for individuals and groups.
For example, the class of a person and whether they are rich or poor has a powerful modifying
effect on how a person is understood, judged, rewarded, and/or damaged by their racialisation.
It cannot simply be “colour” that causes racist harm by itself. Using a chemical analogy, we might
understand race to be an agent that works in a catalytic manner with other agents that are
present in the chemical reaction. Race and other factors (e.g., class and gender) are intermingled
to such a degree that they cannot be descriptively extricated from each other except for the
purposes of analysis. This is the meaning and analytic power of the term “intersectionality.”
4.6 Intersectionality | 123

Racial theory that interrogates race (i.e., critical race theory) and how it exists in its institutional
forms and expressions is useful for a student of criminology because it allows the student
to understand how this unpacked notion of “race” could have an effect on crime and
criminalisation (Delgado & Stefancic, 2007). Interrogating race allows for an understanding of
how ideas about deviant behaviour might be associated with race or specific groups of racialised
subjects (e.g., Indigenous or Black). Intersectionality—as a framework of analysis—demands that
“race” as a social determinant must be linked with other social determinants or causes such as
education, family, neighbourhood, policing, or sexuality.
Critical race theory allows us to understand that “race” is a human invention, or a social
construct, that does not pre-exist humanity outside of time or social structure. It does not exist
in the natural world, nor does it happen outside of human organisation. Humans or society
invented the idea and practice of “race.” If “race” is a social construct, then how should we begin
to understand its features and effects? For the purpose of analysis, one way is to break down
the idea and practice of race into separate categories of effects, actions, or practices. For the
purposes of examination and analysis, we can usefully unpack the practice of race or racism into
three categories that help reveal how they are applied or deployed in real social practice: overt
racism, institutional racism, and systemic racism.
What is Overt Racism?
Overt racism can be understood as the kind of racism individuals experience as direct
interpersonal experiences. It is a kind of racial bias encounter experienced subjectively by
individuals. For example, if someone is overtly racist towards you, it has immediate emotional
and subjective effects. If you are treated unfairly due to race/racism, you experience it as a
direct personal insult or injustice. If a person insults you with a verbal insult that mocks your
racial background, then that can be understood as an overt act of racist speech. It is overt racist
speech because it is using the framework of “race” as the main vehicle of insult. If that speech
act is followed by an assault, then it can be argued that the assault was motivated by hate or bias.
In both cases, racism or racial motivation is linked to the insult and/or assault. In this regard,
such acts can be understood as acts of overt racism (see London police arrest 2 teenagers linked

1
to Covid-19 racist assault on Singaporean student and East Asian student assaulted in ‘racist’
2
coronavirus attack in London ).
According to s. 718.2 of the Canadian Criminal Code, the courts can consider motivation as it
pertains to sentencing. If the motivation for the crime is “hate/bias”, then this “prejudice” can
be understood as motivating the crime (e.g., assault). If “hate/bias” is the motivation behind
the crime, then the motivation alters the sentencing. The motivation of “hate/bias” does not
affect the verdict; it only affects sentencing. In this regard, one limitation to the way this law
responds to overt acts of racism is that there are no adequate guidelines for judges to follow
when administering a guilty verdict in cases motivated by “hate/bias.” Specifically, the language
of the law states:
A court that imposes a sentence shall also take into consideration the following principles:
(a) a sentence should be increased or reduced to account for any relevant aggravating or
mitigating circumstances relating to the offence or the offender, and, without limiting the
generality of the foregoing,
(b) evidence that the offence was motivated by bias, prejudice or hate based on race, national
or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual
orientation, or any other similar factor.
The second limitation to this law is that there are no detailed guidelines for judges to follow
when delivering a sentence that involves a crime motivated by “hate/bias.”
What is Institutional Racism?
Institutional racism can be understood as “racism without racists”. An institution may have
1. Scan the QR code to access https://www.straitstimes.com/singapore/london-police-arrest-2-teenagers-linked-to-

covid-19-racist-assault-on-singaporean-student
2. Scan the QR code to access https://www.ctvnews.ca/health/east-asian-student-assaulted-in-racist-coronavirus-

attack-in-london-1.4838325

racist policies or practices that do not necessarily require racist beliefs on behalf of the workers
tasked with enacting them. To give an example from Canadian history, in 1946, Viola Desmond
was denied a downstairs seat in a cinema in New Glasgow, Nova Scotia (Reynolds & Robson,
2016, 2018). The cinema’s owner had established a rule prohibiting patrons who were not White
from sitting downstairs. In this regard, the movie theatre was a racist institution because the
prohibition produced negative effects (non-White people faced limitations that Whites did not)
based on racial categorisation. Once a racist rule is institutionalised in this way, an employee
tasked with enforcing this prohibition does not need to be racist themselves in order for the
prohibition to produce a racist effect—they just need to fulfil their work duties. As an intellectual
exercise, we could imagine the ticket seller refusing to sell Viola Desmond a downstairs ticket,
stating: “Sorry, I cannot sell a downstairs ticket to you. I’ve got no problems with your kind, but
the rules are the rules. Sorry.” From this perspective, the ticket seller can be understood to be
lawfully following “the rules” and not acting in an overtly racist manner.
Another Canadian example of institutional racism can be found in its history of Chinese
exclusion, where government enacted specific laws to disadvantage both Chinese migrants and
Canadian-born Chinese (note: we can retroactively name these types of people as “Chinese-
Canadians”; however, most Chinese-Canadians were not granted citizenship until the 1960s and
in this sense were not part of the national fold). Institutional bias against Chinese was marked
by several legislative acts that banned Chinese migration, Chinese voting, Chinese purchase of
land, and the hiring of Chinese men (Prkachin, 2007). For more details, see the Discriminatory
3
Legislation in British Columbia 1872-1948 .
Legislative acts that deploy racist restrictions are enacted through institutions of municipal,
provincial and federal assembly. By enforcing and obeying these laws, a Canadian citizen
employed in such an institution is simply complying with law. Their compliance is not an
act of “overt” racism or bias because compliance is an act of lawfulness. And yet, there are
complications to compliance. On the one hand, compliance is not an overtly racist act, but
silence is also an act of complicity and endorsement. On the other hand, the act of compliance
raises the spectre of tacit approval of racism by continued employment in an institution that
clearly has harmful racist effects. Is an employee—who stays at a job against their
conscience—making an overt decision to perpetuate racism?
Similarly, in the case of Shereen Hassan’s border refusal, we can understand the border guards’
actions not as individual racism or the active discretion of a specific agent but as institutional
3. Scan the QR code to access https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/our-history/

historic-places/documents/heritage/chinese-legacy/discriminatory_legislation_in_bc_1872_1948.pdf

in nature because an external system of biased selection alerted the agent to detain and reject
Shereen’s application to travel to the United States. Her refusal was not based on any unlawful
act or behaviour on her part, nor the specific actions of a particular officer—any agent would
have done the same; rather, a system of race—combined with a bias against previously identified
non-Western names and nationalities—was adopted by Homeland security and border control.
In so doing, a race-based system of bias and selection was “institutionalised.” The system exists
outside of the behaviour or thinking of individual officers. The officer does not need to be biased
themselves to carry out biased selection; the officer need only follow the system that flags
Shereen Hassan’s name and profile. The officer does not act in a biased manner; the officer
only follows what the system instructs. The officer is innocent of bias or racial profiling. The
institution and its rules produce the racist effect, not the border control agent. This is the very
definition of “institutional racism.”
What is Systemic Racism?
Systemic racism is different from the other two forms of racism. It is not a form of racism
experienced as an interaction between two individuals, and it may not be an institutional
prohibition. Rather, it is bias or difference experienced as an effect of social structures. It may
not even be immediately recognised as racism. It can also be understood as how race intersects
with economic achievement and labour market disparity between those who are raced and
those who are not raced (i.e., White).
The term “systemic” refers to the phenomenon of how non-racial aspects of society such as
employment or housing affect a person’s life course. Lower labour market performance or
lower salaries and wages can have an important effect on a person’s life. If you have low socio-
economic status (SES), this low status might affect your life course. Some authors have argued
that non-White people are more likely to be caught in a cycle of low SES and that status is
inter-locked with non-White status. Sheila Block and Edward-Grace Galabuzi argue that “[T]he
racialization of poverty refers to a phenomenon where poverty becomes disproportionately
concentrated and reproduced among racialized group members, in some cases inter-
generationally” (Block & Galabuzi, 2011, p. 15). In this regard, poor economic performance can
intersect with race to produce “systemic” forms of oppression, bias, and disadvantage. This
is what is meant by Kimberlé Crenshaw’s notion of “intersectionality.” These disadvantages
are not directly driven and maintained by overt or institutional forms of racism; rather, the
racial disparity can be understood as a third product of the way race interlocks with economic
performance as argued by Block and Galabuzi. A series of conditions (e.g., worker preference,
lower wages, types of work) work together to create the condition of racialised economic
impoverishment. It is an accumulation of social practices that overlap and work together
without a single guiding logic. In the context of policing, the racial profiling and targeted
policing of racialised subjects may be one of those social practices. Police racial profiling is both

a product of systemic racism and an agent that helps produce it, and it is interlocked with other
social determinants that cannot be easily separated as objects of analysis.
In this sense, some authors have named “systemic racism” as a form of multi-dimensional
disparity or racial inequality that reveals itself in education, incarceration, and health, where
Indigenous or Black students have less chance of achieving their high school education, more
chance of being incarcerated, and lower average life expectancies. These multi-dimensional
forms of disparity are correlated with people of colour who are more represented in the areas
of less longevity, more incarceration, and less education (Rohde & Guest, 2013). Indigenous and
Black Canadians specifically are over-represented in the categories of less life, more prison,
and less education. It is these forms of inter-locking disadvantages and social harms that help
explain the meaning of “systemic racism.” As DiAngelo (2018) so eloquently states in her text
White Fragility: Why it’s so Hard for White People to Talk About Racism, “[R]ace will influence
whether we survive our birth, where we are most likely to live, which school we will attend, who
our friends and partners will be, what careers we will have, how much money we will earn, how
healthy we will be and even how long we expect to live” (p. 5).
People of colour are overrepresented in both their interaction with the system of justice and the
system of incarceration (Ontario Human Rights Commission, 2017, 2018). But before police can
exert race-based policing, the Black Canadian has already experienced various social injuries
and harms that may expose them to more criminalisation. For example, in the area of schooling,
Black high school students in Toronto have a higher drop-out rate and are more likely to live
with a single parent. Black male students are more likely to be streamed into special classes and
vocation programs rather than university preparation programs (Tator et al., 2006). Dominant
social stereotypes regarding blackness are widespread in schools. Stereotypes and bias affect
a child’s “youth identity development and relationship to schooling and the larger society”
(Daniels, 2016, p. 103). Black males are also suspended at twice the rate of White males and
expelled at four times the rate (Sanders, 2022). Higher school exclusion rates create delays in
learning, which in turn creates increased academic challenges and poorer life outcomes.
In the context of Toronto, school prepares Black students to not graduate and not attend
university (Tator et al., 2006). In so doing, the public school system—as a societal institution—is
treating students in a way that harms their chances for educational and professional excellence.
School teaches Black students that they are academic failures. Thus, school is a central social
institution that helps limit the horizons of possibility for Black students and is a strong
contributor to the way “race” acts in a multi-dimensional or “systemic” manner in society. It is
no surprise that Black youth who perform poorly in Toronto then end up having more contact
with police services. Outside of school, the over-policing of Black neighbourhoods and the
increased chances of street checks and traffic stops all contribute to the experiences of many
racialised youth (Sewell, 2021). The multi-dimensional racism in which Black students have been
steeped has prepared and brought them these conditions not of their own choosing. And this
returns us to the beginning of this chapter, where we began by asking: If race is a flawed social
construction, why don’t we simply change, alter or erase the idea of race?

4.7 Conclusion
DR. MICHAEL MA
This chapter has sought to demonstrate how race and racism is a multi-dimensional problem
arising from a complex set of historical conditions into which people are born. These conditions
are not of our choosing, and therefore they are also not within our power to simply change or
erase through a force of will.
We can understand overt racism as expressing itself in the form of interpersonal bias or
stereotyping that occurs between unique individuals. And we can understand institutional
racism as a form of racism that arises because an institution adopts a set of rules that are
biased or based in prejudice, but it is the question of systemic racism that is the most difficult
to understand. In the case of systemic racism, this chapter has demonstrated that racism can
occur without the presence of overt or institutional forms of racism. The chapter demonstrates
that because social forces are interlocked and catalytic in operation, the existence of racism can
be made invisible or naturalised. However, through an effort of critical thinking, it is possible to
reveal racism and see it as a social conglomeration or as a set of intersecting social conditions
that lead to racial disparity (e.g., how history, housing, schooling, policing, border control, and
racial profiling may all be interlocked).
Shereen Hassan’s multi-year experience of race and racism at the border is an illustration of
the way race expresses itself in normal everyday practices. It illustrates how the border may
institutionally act in a racist manner because it uses race-based rules, regulations, and race-
based data to surveil and control the border. In so doing, the border acts in a racist manner,
but it does not need racists to create or maintain the racism. The border is not a person who is
acting in an overt racist manner because the border is inert and inanimate, but the border can
produce racism through its systems of examination and control. The rule or the institution by
which the border conducts itself (e.g., racial profiling) is the culprit. This is the pernicious power
and complexity of race and racism.

DR. MICHAEL MA
1. Kimberlé Crenshaw and others have used the concept of “intersectionality” to describe
how race intersects with social and economic class, gender and sexual expression,
(dis)ability, nationality, and other institutional markers of identity (Crenshaw, 1989). If race
is so inter-locked with other social factors, then should the term “race” be refigured as
“race-class-gender-sexuality-(dis)ability”? Does it change how you understand “race”?
What does the new term reveal?
2. The Roseland Theatre ticket seller—who would not sell Viola Desmond a downstairs
ticket—claimed she was “just following the rules.” Was the worker passively following the
rules of her work or was she actively being racist? Is she innocent of racism because she
followed the rules of her employment and the general practices of society in New Glasgow,
Nova Scotia during the period of 1946?
3. Black high school students in Toronto are more likely to be streamed into special classes
and vocational programs, more likely to live with a single female parent, more likely to
drop out, more likely to be suspended, and more likely to have interactions with police
than the average Canadian person. What does this tell us about race and racism?
4. Johann Friedrich Blumenbach’s research allowed him to argue that humankind was split
into five categories of humans: Caucasians, Mongolians, Ethiopians, Americans, and
Malays. These categories have been discredited by more recent scientific research and
academic scholarship, but the use of “Caucasian” persists today. What are some possible
reasons for the continued and popular use of “Caucasian” while the other terms of
reference have been discontinued?
5. Without the assistance of the RCMP, the residential school system would not have been
possible. Were the RCMP just doing their job and acting to enforce the social norms and
practices of this period, or are they guilty of a historical wrongdoing or crime? If the RCMP
were once involved in the enforcement of residential schools, then are present-day RCMP
historically responsible for such past acts? If the RCMP helped remove children from their
families and helped track down and return school runaways, then were they “party to a
crime”?
6. Using your own experience or current events, try to think of examples that illustrate the
presence and practice of overt, institutional, and/or systemic racism.

4.9 References
DR. MICHAEL MA
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citizenship policies. In Hennebry, J., & Momani, B. (Eds.), Targeted transnationals: The state,
the media, and Arab Canadians (pp. 32-53). UBC Press.
Asch, M. (2014). On being here to stay: Treaties and Aboriginal rights in Canada. University of
Toronto Press.
Block, S. & Galabuzi, G. (2011) Canada’s colour coded labour market: The gap for racialized
workers. Wellesley Institute. https://www.wellesleyinstitute.com/publications/canadas-
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(Trans.), The anthropological treatises of Johann Friedrich Blumenbach (3rd ed.). (pp. 145–276).
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Borrows, J. (1997) Wampum at Niagara: The Royal Proclamation, Canadian legal history, and self-
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Cole, D. (2005). Enemy aliens: Double standards and constitutional freedoms in the war on
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Coyle, M., & Borrows, J. (2017). The right relationship: Reimagining the implementation of
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Crenshaw, K. (1989). Demarginalizing the intersection of race and sex: A Black feminist critique
of antidiscrimination doctrine, feminist theory and antiracist policies. University of Chicago
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Daniels, B. (2016). Diversity, justice and community: The Canadian context. Canadian Scholar’s
Press Inc.
Delgado, R., & Stefancic, J. (2007). Critical race theory and criminal justice. Humanity & Society,
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Diangelo, R. (2018). White fragility: Why it’s so hard for White people to talk about racism. Beacon
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Du Bois, W. E. B. (1996). The souls of black folk. Project Gutenberg.
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Gabor, T. (2004). Inflammatory rhetoric on racial profiling can undermine police services.
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Henry, F., & Tator, C. (2005, September). Racial profiling in Toronto: Discourses of domination,
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“Indians,” circa 1837–1900. University of Toronto Law Journal, 69(4), 497–539.
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gta/knowntopolice/2002/10/19/singled-out.html

Reynolds, G. & Robson, W. (2016). Viola Desmond’s Canada: A history of Blacks and racial
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Wortley, S., & Tanner, J. (2005). Inflammatory rhetoric? Baseless accusations? A response to
Gabor’s critique of racial profiling research in Canada. Canadian Journal of Criminology and
Criminal Justice, 47(3), 581-610.

5.1 The Research Process
DR. WENDELIN HUME AND ASHLY HANNA, B.A.
An understanding of quality research methods is fundamental to informed citizenship, scientific

advancement, economic activity and government decision-making. While research designs
vary depending on a number of factors such as the topic being studied, the variables under
consideration and the preferences and training of who is conducting the research, a basic
Western research design is a good place to start in discussing research methods. In the
subsections below, and as shown in Figure 5.1, each of the nine steps of this basic research
process are outlined, beginning with planning.
Figure 5.1: The 9-step search process includes: Planning, conceptualization, choice of method, sampling, data
collection, operationalization, data processing, analysis, and application. Image designed by
PoweredTemplate.
Planning
A key part of the planning stage is knowing what your objectives are. Are you trying to discover
new information, or are you trying to find an answer to influence policy and programs? As you
start to plan, you start to take a look at other studies on the topic. You look at the theory (or
theories) referred to in those studies and the hypothesis they may have set out to test. You start
to think about what your own research question(s) might be.
5.1 The Research Process | 135

Conceptualization
As you envision and start to become clearer on the key question(s) for your own research
project, you are engaging in conceptualisation and creating a mental picture of what your
research methods will look like and what the concepts of interest are. You are very specific
about what these concepts mean in your project. For example, if you want to study the fear of
crime, what exactly do you mean by fear and what kind of crime are you referring to? Are you
interested in whether people are afraid to walk alone at night, or are you interested in whether
they are afraid that their identity will be stolen? You continue to review existing literature. This
can help shape your image of your research project and identify what gaps exist in the literature,
which you may choose to address in your own project.
Choice of Method
As you think about what you are studying, you need to choose a particular method that is
suited to answer your research question. For instance, determining someone’s opinion about
something might best be captured by using a survey, whereas learning about actual behaviours
may best be documented through observations in field research. Looking at what methods were
used in other studies on the same or a similar topic may be helpful here.
Operationalization
Now that you have identified the concepts and chosen the most appropriate method to answer
your research question, you must determine specifically how you will measure the concepts.
This is called operationalisation. For instance, in a survey, what specific wording for the
questions and options for answers will accurately capture the concepts of interest? If you are
doing field research, what specific observations will you be making?
Sampling
Next, you need to consider who you are studying. You need to think about the overall
population you want to draw conclusions about and then choose an appropriate sampling
technique because that population is typically too large to study each and every member.
Furthermore, if you are dealing with people instead of an official dataset, it may be difficult to

obtain permission from everyone. The sample you end up with will be a subset of those data or
people from the larger population.
Data Collection
Next, you need to collect your data via whatever methods you have chosen. Data collection may
happen quickly if, for instance, you had a short survey you administered to a small number of
people. However, the collection process may instead take place over a long period of time, such
as observing changes in inmates over a three-year study in a prison setting.
Data Processing
Depending on the method chosen, you now have a number of questionnaires with responses
or perhaps notebooks full of recorded observations. These raw data will need to be processed
into a useable form. While a fulsome discussion of the various levels of measurement is
outside of the scope of an Introduction to Criminology textbook (typically this is covered in an
introductory research methods course), it is important to understand at this stage that data
(whether they are textual or numerical) are typically processed using either Excel or a statistical
analysis program, such as SAS or SPSS, or if textual, a qualitative software program like Nvivo.
The process involves extracting bits of data from the instrument used (such as the survey or the
interview notes) and organising them in such a way that allows for easy analysis.
Analysis
Once the data are processed, they must be analysed. Analysis can be statistical in a quantitative
project or thematic in a qualitative project. Either way, the goal of analysis is to make sense
of the data and to synthesise and summarise the findings in a way that can be communicated
to a larger audience. Graphs, tables, and charts are typically used to visually present data that
have been analysed. In this stage, we often refer to the literature again to connect what we have
found in our own research to the existing body of knowledge.

Application
The final stage of this research process is application, which involves using the conclusions you
have reached to inform or educate others. At times, research can be used to influence policy
making and may result in improvements such as fewer victimisations, fewer traffic accidents,
and so on. As a final step, the researcher should also consider what errors may have been made
that could be corrected in future research and, just as importantly, what future research would
be helpful moving forward. This would be a valuable contribution to the literature and help
other researchers identify gaps and choose their own research topics to explore.
9 Steps of the Research Process: A Brief Illustration
Perhaps I notice there are few victim services programs for First Nation elders in my
community. When I ask program administrators why there are not more programs, they
explain that there are low rates of abuse of the elderly so programs are not needed. I start
1. planning what my research question might be and think about how I could research
to determine if this assumption about low victimization rates is correct. I would start
looking at other studies on the topic as well.
2. I then need to conceptualize the overarching research question more concretely and
think about what method I could use to collect useful data about the elderly and their
needs. I will continue to look more in depth at other studies on the same or similar topics.
3. As I choose a method, I will continue to examine related existing research on this topic
and see what methods they used, and I may consult with a few elders to receive their
input and advice. I may choose to have tribal service providers give a survey to the elders
in their community.
4. Then, I operationalize the specific (survey/interview) questions to be asked by making
sure they are culturally relevant, respectful and worded in such a way that they can
uncover if there is abuse taking place but perhaps not being reported to officials. Since
the service providers are quite busy, I would not expect them to give a survey to every
elder, but perhaps we could
5. obtain a random sample of 70 elders out of the population of 210 elders in the community.
I provide the survey in a readable format where elders can fill in the bubble sheet or circle
their answers to the questions and give it back to the service providers, thus completing
the
6. data collection. While showing concern for the participants is not a specific step, it should
always be a part of the overall research design. Once the questionnaires are returned, I

will use a coding sheet to enter the responses into my statistical program in numerical
form appropriate for
7. data processing. Once all the data are entered and double checked, I will
8. run analyses describing things such as the average age of the people who completed
the survey and whether or not experiences of abuse were reported. I will compare my
findings with the findings of previous research. The service providers will assess whether
the questionnaire brought up troubling emotions for the elders or if it encouraged the
elders to tell someone about their victimization. Based on my findings, which are shared
only with permission of the tribe, I may
9. apply the findings by recommending that additional services be provided and that new
methods of dealing with offenders be developed. This would involve consultation with
elders, so more elders will be willing to report when bad things happen to them or at
least so they could seek out available services. I might start thinking about completing a
follow-up survey in about two years to see if the situation has improved for elders in the
community after programmatic changes take place.
We will now go through the nine steps again, in much more detail using two examples. One
example will focus on the possible financial exploitation of Indigenous elders and will employ a
deductive, quantitative approach, and the other will explore the concept of spiritual abuse of
Indigenous elders using an inductive, qualitative approach. See Table 5.1 below for a summary
of key features of the quantitative vs qualitative approaches and Figure 5.2 for a visual graphic
of the inductive versus deductive approaches of research.
Table 5.1: Key features of Quantitative vs Qualitative Methods

Source: Qualitative vs. Quantitative Research (scribbr.com)
Quantitative Research Qualitative Research
focuses on testing or confirming theories and focuses on exploring ideas and understanding
hypotheses subjective experiences
focus on statistical analysis focus on thematic, textual analysis
mainly expressed in numbers, graphs and

mainly expressed in words
tables
requires many respondents requires few respondents
closed-ended (multiple choice) questions open-ended questions
methods include experiments, surveys methods include interviews, field observation
key terms: testing, measurement, objectivity, key terms: understanding, context, complexity,
replicability subjectivity

Figure 5.2. The 9-step search process includes: Planning, conceptualization, choice of method, sampling, data
collection, operationalization, data processing, analysis, and application. Image designed by
PoweredTemplate.

5.2 Planning
As part of the planning process, the research often starts with a topic and then a research
question begins to form. As a researcher, what is a social question you would like the answer
to or what is a social problem you would like to find possible solutions for? The research
question specifies the variables to be studied and their relationship to each other. A variable
is a person, place, thing, or phenomenon you are trying to measure in some way, and it varies
(Bachman & Schutt, 2017). For example, age is a variable, as is income and socioeconomic status.
A hypothesis is your informed thought or expectation of what the relationship is between
variables, and it is often written as an “if, then” statement (Hagan, 2014). For example, one
might hypothesise that “If the employment rate is low, then the property crime rate is high.”
The hypothesis should clearly indicate the directionality of each variable, in this case, the
employment rate and property crime (as one increases, the other decreases, or vice versa, or
perhaps they both change in the same direction) as well as the temporal ordering of variables
(low employment comes before high property crime). This “if, then” characteristic points to an
essential element of a hypothesis: that it be testable.
Beginning in the early planning stages, it is important for researchers to begin to understand
and value Indigenous epistemologies and methodologies and to have an understanding of the
basic scientific model. This blending of Indigenous worldviews and Western science is often
referred to as Two-Eyed Seeing (Peltier, 2018). Cooperation between the researcher and the
researched may lead to improvements in research methods and findings. One important step in
this cooperative process is understanding first what the communities to be researched already
know and have. This culturally relevant information can improve understanding between the
researcher and the subjects, and it can provide a good context for research in these early
planning stages. Collaboration with Indigenous knowledge holders and communities to co-
design the study, co-frame the research questions, co-interpret results, and jointly co-create
solutions is a much-needed improvement. Of course, for the research project to truly be joint,
any grant or other funding obtained for the research should be shared. Research decisions and
titles such as principal investigator, lead investigator or co-investigator as well as authorship on
publication efforts and credit for work completed should also be shared.
While forming our research question, we want to begin to examine existing literature about
studies that have already been done on our topics. In addition to exploring the usual books
and journal articles, we should work to avoid academic imperialism, or only learning from big
name authors in mainstream journals, by including grey literature in our preliminary research
efforts. Grey literature is literature or evidence that is relevant to the research question but
not published in typical commercial or academic peer-reviewed publications (See GreyNet
5.2 Planning | 141

1
International ). Grey literature can include government and community reports, conference
papers, dissertations, and other sources. Incorporating grey literature reduces publication bias
and increases the comprehensiveness of any systematic literature review.
The researcher will need to evaluate the information as there may not have been a peer review
process.
Figure 5.3. How to evaluate gray literature. Image designed by PoweredTemplate.
Let us turn to our two examples now and discuss how we might begin the planning for each.
Using the cultural insights from the Indigenous community as well as the understanding from
our initial review of the literature for our examples, we might start by stating that we want
to examine financial exploitation by asking a set of closed-ended survey questions that have
been used successfully in other financial exploitation research; this would be a deductive,
quantitative approach to this research. We start to think about how we might later word the
1. Scan the QR code to access https://www.greynet.org/

questions so they are culturally relevant, such as asking about “gifting” rather than “donations”
and if money has been “missing” rather than “stolen” or “swindled.”
With our spirituality example, perhaps nothing appears in the typical literature, but we know
that Indigenous cultures, and by extension Indigenous research, recognises spirituality as an
important contribution to ways of knowing. Western research ignores spirituality, which can
cause tensions between research and its application in certain communities. For instance,
perhaps elders told us during our meetings with them that the last group of researchers who
studied the tribal people had concluded that Indigenous peoples were lazy and not concerned
about their health because they did not use the gym that was built for them. What the
researchers did not realise was that the facility was built on sacred ground and the local people
chose not to use it unless it was moved to a non-sacred space. Based on this informal but
very important initial input from elders, we decide that what we should do is ask broad, open-
ended questions about spirituality, whether elders are assisted in practising their spirituality
or if anything is keeping them from practising their spirituality. This is an inductive, qualitative
approach to the study on spirituality; the approach emerged from the open-ended and open-
minded line of questioning at the outset, which will be explained in more detail below in the
section on choice of method.
5.2 Planning | 143

5.3 Conceptualisation
As part of this second step, we need to create a mental picture of how we can find the
answers to the research questions we have begun to develop and will now refine even further.
Before exploring our research question through new research, we should continue to examine
what research has already been done on this topic by others—both published and perhaps
unpublished—and what theories or other ways of knowing, such as Indigenous ways of knowing,
suggest the relationship between variables will be. This is the purpose of a literature review.
You will notice that published academic research often includes a brief literature review of
what other scholars have discovered on the topic. Consulting with an academic librarian can be
helpful in performing a thorough literature review to include grey literature as well.
One basic way to conceptualise our research project broadly is to think about the cultural
differences in how the world in general is viewed. From an Indigenous standpoint, typically
all things are interconnected. All people and even animals, fish, birds, and plants are seen as
interrelated. This way of seeing the world informs how we think and how we ask questions, and
it impacts how we conduct research. From a stereotypical Western standpoint, on the other
hand, things are viewed in a hierarchical and linear way with members of the dominant society
at the top and everything else at different layers beneath them. As a result, research tends to
name, label, describe, and then prescribe solutions from this vantage point, which tends to be
self-serving (Redvers, 2019).
The debate about whether knowledge should include or exclude cultural components is central
to understanding the difference between most Western research methods and most Indigenous
research frameworks. Western research developed the use of the widely accepted empirical
scientific method, in which knowledge is seen as objective and based on data that are
independent of the feelings or values of the researcher: if it cannot be measured, it does not
exist. However, many argue that true objectivity cannot be achieved and perhaps should not
even be the goal of research. The fact that most research is conducted using the “objective”
scientific method, while Indigenous ways of knowing are ignored, demonstrates a type of
scientific colonialism, or abuse of power that Chilisa (2020, p. 7) defines as, “the imposition of
the colonizer’s way of knowing and the control of all knowledge produced.”
Epistemology is the study of knowledge or ways of knowing, which is central to the practice
of research. Epistemology delves into the nature of knowledge and truth. It challenges us
to consider what it means to know something. How is knowledge distinguished from mere
opinion or belief, and—importantly for social science—what are the ways by which we can
derive or obtain knowledge? How might the latter differ across various cultures and contexts?
Most Western researchers follow the Newtonian epistemology that “scientific knowledge has
to provide an objective representation of the external world,” which it attempts to do by
taking complex items and reducing them to their simplest components (Redvers, 2019, p. 43).

In fact, objectivity and empiricism are deemed to be the cornerstones of Western research:
researchers must be detached from the research process, and all data must be observable and
measurable to exist and become a part of scientific inquiry.
A problem with this reductionist approach is that some frameworks—such as Indigenous

frameworks—assume that we are all interconnected and so the whole is more than just its
parts. Or, as Aristotle said, “the whole is more than the sum of its parts” (Redvers, 2019, p. 44).
The Western view usually sees this knowledge as being situated outside of culture, but many
Indigenous and other scholars insist that “knowledge” is within a cultural framework that may
value or conversely marginalise who or what is counted as part of that “knowledge” (Walter &
Andersen, 2016). However, as we conceptualise our research project moving forward, we will
want to avoid using only a rigid Western view of the scientific method and be certain to learn
from the Indigenous community helping us with the research while including relevant cultural
components.
As we conceptualise our two research projects, we will want to continue to include the cultural
components identified in step one, namely, Two-Eyed Seeing and the collaboration and
cooperation between the researcher and the researched. Whatever method is chosen in the
next step and for all future steps, we will want to be sure to involve the cultural community and
maintain an open mind as they provide us with insights and feedback. We will strive to maintain
a balance between scientific rigor and cultural inclusiveness while following ethical research
practices and not bringing harm to our participants.
5.3 Conceptualisation | 145

5.4 Choice of Method
It is now time for us to decide what method(s) we will use to complete our research projects.
Our initial review of the literature in the planning stage, and then the deeper review in the
conceptualisation stage, would have given us a firm grasp of the types of methods used in
other studies on the same or a similar topic. It may be possible as a researcher to combine
an understanding of objectivity in research with the understanding of cultural subjectivity.
As Abbott (2004, p. 3) puts it, “Science is a conversation between rigor and imagination.” The
imaginative voice contributes to the excitement and discovery side of social science. We want to
discover something new, such as the possible manipulation of one’s spiritual practices as a form
of abuse, or something interesting about social life, such as elders being exploited financially
but not reporting it. This will be something that, when combined with rigor, will allow us to
draw a reasonable conclusion that can inform practice, improve the lives of elders, and allow us
to share that knowledge with others by writing an article or book that could be published.
A methodology is the systematic contextual framework—a body of methods and rules used in a
discipline—that guides the choices a researcher makes. A research method refers to the specific
way of collecting and analysing data, such as through surveys, interviews, focus groups, or
experiments. A statistical technique might then be used to describe the age and income of the
research participants, or it might be a regression or other technique that helps us predict the
characteristics of elders most likely to be manipulated or taken advantage of (these different
statistical techniques will be explored further in your statistical research methods courses).
Typically, the techniques and methods taught and discussed in other texts are based on and
advocate only the use of Western research. While it might seem that the approach does not
really matter because research is scientific and objective, hopefully now the reader understands
that there are power relations in the research process. Once an understanding of the
importance of the overall research framework has been achieved, we can explore the basic
research methods typically used and choose whatever seems most appropriate.
Since we have done our background research on the topic and consulted with knowledge
holders including other experienced researchers, practitioners in the field, and knowledgeable
members of the Indigenous community who could also benefit from our research, we need to
develop a research strategy or process. Often the strategy will be either deductive or inductive
and use either quantitative or qualitative methods. As shown in Figure 2 above, with a deductive
approach, the method starts with a theory, parts of which are often tested with data. For
instance, while researching financial exploitation, we are using parts of existing question sets
that were developed from a theory about social control and have been used in other studies, to
test whether we uncover financial exploitation happening to Indigenous elders. In doing so, we
would be using a deductive approach with this particular project.

The other strategy may be to use an inductive approach, which fits well with qualitative
methods. Inductive research first gathers data or information and then uses those data to
develop a theory, discover themes, or draw conclusions. For instance, our research on spiritual
abuse has no existing research to build from and we developed the idea in the planning stage by
using a focus group and a research talking circle to gather thoughts and feelings about spiritual
concerns from Indigenous elders. In a talking circle, the participants sit in a circle facing each
other. The circle implies connectedness and the equality of each member. Typically, a sacred
object such as a stone, feather or stick is held by the one speaking, and they have the chance
to speak uninterrupted while the group listens until they pass the sacred item onto the next
1
person. See Talking Circles .
The information learned in the talking circle allowed us as researchers to discover that the
elders are concerned about losing their sacred cultural items through theft or the items being
left behind if they are moved from their home. They also discussed not being transported to,
or allowed to participate in, community spiritual ceremonies. These concepts are not typically
addressed in most existing theories, policies, or programs, so it fits then that this project will
use an inductive approach, which by definition is open to new and unanticipated concepts and
findings to emerge, such as fear of the loss of cultural items and spiritual connection.
Before we move to the next step, let us also further clarify the difference between qualitative
and quantitative research. As outlined earlier in the chapter in Table 5.1, quantitative research
tends to use numbers or quantities as the most important element because this allows for
abstraction. Many people such as members of the media and government agents, as well as the
general population, are conditioned to believe findings if they have numbers attached. These
methods allow us to draw from a local context with a sample, such as a sample of Indigenous
elders from the one community, standardise it, and put it into a calculation to draw conclusions
about larger numbers of people or broader social relations like “Indigenous elders from the
Bearteeth Reserve.” While a sample is sometimes generalisable to a population, there may be
times when the sample is distinctly different from other samples and should not be generalised.
For instance, a study of one reserve may produce results that are not generalisable to all
Indigenous peoples. In determining generalisability, the key is determining how representative
your sample is. A large random sample is more generalisable than a non-random sample or a
small sample with a low response rate. The use of the survey and special closed-ended question
sets makes our financial abuse research quantitative.
Qualitative methodologies tend to focus on specific localised objectives to examine them more
in depth. Typically, subjective experiences of the participants are contextualised and influence
1. Scan the QR code to access https://www.youtube.com/watch?v=ER-Yqda7BEA
5.4 Choice of Method | 147

the researcher’s understanding of the phenomenon in question. One qualitative technique is
the use of focus groups or talking circles to understand the experiences of the participants and
draw conclusions or notice patterns or trends within the participants’ comments. As mentioned,
our spiritual abuse research has used this method, and we will be asking broad, open-ended
questions so we are using the qualitative approach for this topic (see Table 5.1).
Another research design decision pertains to the element of time: can the question be answered
using data that are collected at one point in time, known as cross-sectional research, or will
they be collected at two or more points in time, known as longitudinal research. Both of our
projects involve asking questions only once, so both projects are cross-sectional. Along with this
decision, we need to decide on the unit of analysis, the who or what being studied. For both
of our projects, the focus is on the individuals answering the questions, though our conclusions
may be drawn about groups such as the Indigenous elderly of the Bearteeth Reserve since that is
the population the individuals were drawn from and there are things we learn about this group
as a whole and that we can compare to other Indigenous groups. You will learn more about units
of analysis in your future research methods courses, but Figure 5.4 below gives you an idea of
the various units of analysis in the social sciences.
Figure 5.4. Units of Analysis. Image designed by PoweredTemplate.
Before we move to the next step in the process, it is worth noting that the very idea that
neither qualitative nor quantitative research is truly objective may make some researchers,
and students of research, feel uncomfortable. When a central tenant of one’s epistemological
position is challenged, it can be difficult to accept. This challenge is not only against the
Western view of the objectivity of scientific research, but it also means that Indigenous research

frameworks and other methods, such as feminist research, are also not completely objective,
though such researchers are usually already aware of their social positioning.
5.4 Choice of Method | 149

5.5 Operationalization
Now that our concepts have been carefully considered and we know we will be asking questions
with either quantitative scaled responses in the financial exploitation example or qualitative
open-ended questions in the spirituality abuse example, we need to decide on the specific
wording of the questions and the options we provide for possible answers, if any. In deciding on
these specifics, we want to be careful not to marginalise the Indigenous elders we are studying.
Most research methodologies in the past, particularly quantitative ones, that have guided most
data collection, analysis, and interpretation of data about Indigenous peoples, reflect in an
almost invisible way the dominant Western cultural framework. Rather than representing a
neutral view of reality, the research constitutes reality influenced by the very way the research
questions are conceived in the first place and then how the data are collected and interpreted.
Typically, the research efforts lean towards a documentation of not only difference but
conclusions of deficit and dysfunction. And so, the people being studied are found to be the
problem, and this finding is seldom critiqued. As Deloria (1988, p. 79, emphasis in original)
explained it, “an anthropologist comes out to Indian reservations to make OBSERVATIONS.
During the winter, those observations will become books by which future anthropologists will
be trained, so they can come out to reservations years from now and verify the observations
they have studied.”
We also want to design our questions so that our research is reliable. Reliability simply means
being consistent. Once we explain how we did our research, someone else doing the same
research in the same way should find the same results because our methods and explanations
are clear and reliable. Or, if we repeat our measurements, they should yield the same results.
This consistency can also be understood as replicability.

5.6 Sampling
For this step, we want to finalise our decision about what population we want to draw
conclusions about and whether we will study every member of the population, or whether we
will select a sample and decide how that sample will be selected, and how big that sample will
be. These decisions may impact the validity and generalisability of our findings. For instance, if
a sample is too small, it would not be valid to generalise our findings to a larger population. Or
if we studied only select males, it would not be valid to assume the findings would be the same
for females or other genders.
In our projects, we want to either understand the financial abuse or the spiritual abuse of
Indigenous elders from a particular community. The sampling technique and the data collection
methods used will differ. Let us assume there are roughly 307 elders in that community and
there is an alphabetised list of who those elders are. For the financial exploitation study, which
we want to study in a quantitative way, we could randomly select 100 of the names, which
would be about one-third of the population, and as long as even 78 participated, we would have
about 25% of the population included in our sample. What we find or do not find among those
randomly selected individuals is likely also to be found or not present among the other elders
as well, so our findings can be generalised. When determining your sample size, it is best to
have a large sample when possible. A statistical technique known as power analysis can be used
to determine the minimum sample size needed to run tests of statistical significance. For the
spiritual abuse study, which we want to study in a qualitative way, we would be more interested
in choosing participants who we know possess the key characteristics of interest. We would
not rely on random sampling techniques; rather, we would strategically select a much smaller
number of participants who we would interview using open-ended questions. While we will not
be able to generalise in quite the same way as in our quantitative study, our data will be rich and
detailed and will likely reveal information we did not anticipate.
The data collection process can take a considerable amount of time. For example, for our project
on the financial exploitation of elders, we will cooperate with the tribal social service providers,
who will contact the randomly selected elders, arrange a time to visit with them, help them
complete the questionnaire and collect it from them. They will also be available to offer services
such as a referral to counselling services or information on how to report a crime, if needed
and wanted by the elders. For the spiritual abuse example, as mentioned, face-to-face, in-depth
interviews will be conducted with a much smaller number of interviewees, but the data obtained
will be rich and detailed. These interviews could take hours, scheduling interviews could prove
to be challenging, and the analysis of pages and pages of interview notes could take weeks or
longer.
Obtaining tribal permission to conduct these studies and then completing the ethical training
of the service providers who administer the questionnaires in the financial exploitation study,
5.6 Sampling | 151

or conduct in-depth interviews in the spirituality example, also takes time. Several months may
be needed to make all the necessary arrangements and receive the required approvals from
the tribe as well as our home institutional review board. Indigenous peoples are a protected
1
class under research ethics protocols (see Canada’s Tri-Council Policy Statement ), and we
will need to demonstrate that our research will benefit, or at least not harm, the participants
in our research project. We will need to ensure that the individuals working with the elders
understand that an elder can stop taking the survey or interview at any time and that it will
not impact the ability of the elder to use the social services normally provided. We will also
need to train the service providers to not pry into details about abuse that are revealed in the
survey or interview. Then, it will take time to set up the meetings with the elders and collect the
responses/conduct the interviews. Collecting one’s own data can be helpful in addressing the
initial research question(s), but it can be time consuming and costly to do it well. No matter the
method ultimately used and the time this will entail, maintaining ethical standards throughout
the research process is vitally important.
Before we set out to collect our data in the next step, we should carefully consider if the
variables, hypothesis, and methods are appropriate for exploring the issues we are interested
in, if they already exist in a data set we could use, or if we need to gather our own data. There
are many accessible and quality sources of social science data. Each of these existing data sets
will have some weaknesses, and we cannot change the questions or methods as the project has
already been completed, so we have to work with what exists. However, performing secondary
data analysis is a considerable time- and money-saving strategy. Examples of existing data sets
include the UCR2, which illustrates crimes from the perspective of the police; the GSS, which
shares the perspective of crime victims and non-victims; and numerous collections of self-
report data that reveal the offender’s perspective about crime and its commission. While these
existing data sets do not contain the data we need for either of the research questions we
are exploring in our illustrative examples in this chapter, it is important to acknowledge the
existence of these secondary data sources; as such, these various methods measuring crime in
Canada are explored in the textbox below.
1. Scan the QR code to access https://ethics.gc.ca/eng/tcps2-eptc2_2018_chapter9-chapitre9.html

Ways to Measure Crime in Canada
The Uniform Crime Report 2 (UCR2) is an “incident-based” survey. This annual survey
measures the incidence of crime in Canada. The Canadian Centre for Justice and Community
Safety Statistics partners with the police community by collecting information from all police
departments across Canada about criminal incidents. The information collected includes
information about the crime itself (such as the date and time), information about the victims
and any known information about the accused. If more than one crime occurs during a single
incident (such as someone being both hit and shot), only the most serious incident is
recorded. Only crimes discovered by or reported to the police are included in this data set. If a
group of people distrust the police, as is the case for many Indigenous peoples, then there will
be a low rate of reporting, and though crimes have occurred they will not be recorded in the
UCR2. The ultimate goal of the UCR2 is to provide information for policy and legislative
development and to compare between different jurisdictions within Canada and also
2
internationally (see the UCR ).
As mentioned above, there are various reasons why a crime may not be reported to police. The
1982 Canadian Urban Victimization Survey, for example, revealed that a significant portion of
crimes are never reported to police and therefore never make it into the official record, i.e. the
UCR2. As such, the General Social Survey was created. This survey seeks to better understand
how Canadians perceive crime and the justice system and to capture information on their
3
experiences of victimization (see the General Social Survey ). The information is made public
and available to politicians, policymakers, and scholars. To search the variety of available data
sets, including self-report data sets, one can visit the Canadian Research Data Centre
2. Scan the QR code to access https://www23.statcan.gc.ca/imdb/p2SV.pl?Function=getSurvey&SDDS=3302
3. Scan the QR code to access https://gss.norc.org/
5.6 Sampling | 153

4
Network . The GSS reveals that certain crimes are notoriously underreported, namely sexual
assault, domestic violence and child abuse, making the study of victims’ experiences that much
more important (see chapter 14 Victimology for a more in-depth discussion).
4. Scan the QR code to access https://crdcn.ca/

5.7 Data Processing
Once all the data have been collected and returned to us, we now need to take the responses
provided and turn them into useable data. The closed-ended questions will be converted into
numbers, which are entered into a spreadsheet or other analysis program. We will need to
develop a coding sheet where we agree, for instance, that a yes is entered as a 1 and a no is
entered as a 0, while for other Likert scale-type questions, a strongly agree is entered as a
5 while a strongly disagree might be entered as a 1. By following consistent data entry rules,
we will have fewer errors (Hagan, 2014). Our financial exploitation data will be completely
quantitative, allowing numerical analysis to take place in the next step.
Even the open-ended questions in the spiritual abuse example, where participants answered
questions in a lengthy face-to-face interview, will need to be processed in some way. Typically,
the responses will be typed into a document or a discourse analysis program like NVivo so
specific words and phrases can be grouped into categories for qualitative analysis and
comparison. Our spiritual abuse data are predominantly qualitative, based on the in-depth
interviews with open-ended questions about spirituality, spiritual practices, spiritual objects
and any issues they have encountered in practising their spirituality.
5.7 Data Processing | 155

5.8 Analysis
In our financial exploitation example, as is the case with many research projects, most of the
analysis will be statistical. While discussing all the different statistical methods is beyond the
scope of this chapter, it is important to understand that a poor research design will lead to poor
data. You can run an analysis on these data and the program will deliver a calculation, but any
conclusions drawn based on that calculation will be faulty. If we have set up our research project
correctly, we can have faith in the conclusions drawn from the analysis.
One reason why reliability and validity, which we discussed earlier, are so important is because
research is often used not just to produce immediate findings, as these conclusions are used to
generalise to a broader group or even predict an outcome or future event. If the current study
is not done well, then any attempt to draw broader conclusions or anticipate what the future
holds will be incorrect as well.
Since we took care in setting up our research projects, we can proceed with the analysis. In both
our statistical analysis of survey responses and our qualitative analysis of interview responses,
it is important to be aware of the translation-like process through which this non-academic
knowledge that was shared with us is converted into conclusions by those of us in the academy.
There may be important differences between “community or elder” and “academic” knowledge
that needs to be identified so Indigenous viewpoints and knowledge can be acknowledged
rather than silenced, even if they wrote something or answered questions in ways other than
what we expected. At this stage, it is helpful to reflect on how our findings may overlap or
diverge from the findings of past researchers and think about why that may be the case.

5.9 Application
The final stage of our research projects is to use the conclusions we have reached to inform
or educate others. Since we studied Indigenous elders in both of our examples, we would first
present our findings to the tribal leaders. We would also share with them what we would like
to present to others or what we would like to publish. This sharing and seeking of approval
before broader dissemination of our results is often part of the agreement reached to conduct
research with Indigenous peoples. It is also respectful of the concept of data sovereignty,
wherein Indigenous peoples can control what data are collected about them and how results
are disseminated. This agreement does not mean we change our results but that we are careful
and thoughtful in how we interpret and communicate the results.
In the past, Indigenous peoples did not have control over studies completed on them, and there
is currently often disagreement by researchers about the need for tribal approval before sharing
their research with others (Macdonald et al., 2014). The current typical research expectation
includes domination over “who can know, who can create knowledge, and whose knowledge
can be bought” (Chilisa, 2020, p. 58). So, the term “academic imperialism” refers to how typical
scholarly circles attempt to dismiss or diminish any alternative methodologies or perspectives
such as data sovereignty (Chilisa, 2020). This dismissal often takes place through gatekeepers
such as committees that approve courses and course content, editors that approve or deny
article topics, granting agencies that approve or deny funding, and publishers that decide which
manuscripts are worthy of publication. This very textbook is an example of current efforts to
address these historical omissions of Indigenous knowledge in the field of criminology.
When appropriate, researchers may instead attempt to create and consciously use strategies
to end oppressive conditions that silence and/or marginalise Indigenous or any other minority
voices. Since the researcher has power over the subjects, they need to be thoughtful about any
potential power dynamics such as teachers performing research on their students, employers
conducting research on employees, or even being certain to still follow ethical guidelines
when conducting research on people in positions of power. Researchers may also assist in the
restoration or development of cultural practices and traditions that were suppressed but are
still relevant to the advancement and empowerment of historically oppressed non-Western
societies.
5.9 Application | 157

5.10 Use of Research Findings
Harm can come from how results are shared with others. For instance, if a researcher states that
there are higher rates of financial exploitation in a certain Indigenous community than in the
broader society, this implies that the tribal people tend to be more criminal, creating a negative
stereotype. It is not that a researcher should not share the results but rather, when sharing
results, the researcher should clearly discuss variables other than race that may influence high
rates of crime, such as poverty, unemployment, historical trauma, and so on. Furthermore,
when stating that rates of certain types of victimisation, like spiritual abuse, are higher within
some Indigenous communities, researchers should also explain that this has not been studied
in the dominant society and the perpetrator is often not of the same race, or it is due to a
circumstance—such as needing to leave their home—not a person. This is again done to avoid
negative stereotypes of the participants and other Indigenous peoples.
The decisions of what constitutes a best practice are often based on “evidence-based” practice
and not critically questioned; the assumption is that the collection of the data was unbiased and
“scientific” (Maxfield & Babbie, 2001). Therefore, what needs to be done in the field is considered
clear. A different option is to implement “evidence-informed” practice, which uses the data as a
starting point in determining field practices, but the evidence is only one source of information,
allowing cultural practices, community input, and other sources of information to be consulted
as well. This is an important distinction between the two research application practices.
For instance, until 1981, in most surveys and government research, adult women were
automatically considered dependent and males were determined to be the head of household.
Many gender-biased policies and programs were established around this “evidence-based”
conclusion. While this finding may be true in some circumstances, setting it up as a
predetermined default is neither accurate nor fair. Now that the question about who is the
primary breadwinner is currently asked rather than the answer being assumed, the evidence
gained can help inform new practices and programs.
As researchers, we should ensure that the voices of those we researched have been captured in
a way that the researched recognise themselves and also in a way that they would like others to
know them. We need to ask ourselves what psychological harm, embarrassment, or other losses
might be caused by the collected information. We also need to ask ourselves what Indigenous
knowledge we could use to rebut or elaborate on the findings from the information collected so
no humiliation or embarrassment is caused.

5.11 Looking Forward
Research and statistics are powerful persuaders. They do much more than summarise
“reality.” They interpret this reality and thereby influence the way we understand the people,
cultures, and behaviours around us.
It is important for researchers to be prepared to deal with epistemological and diversity issues
for a number of reasons, including the fact that Indigenous knowledge is increasingly part of
an emerging global economy. There is an increasing volume of internationally funded research
on colonised peoples. There is also an emerging trend to reach out to those who have been
excluded in the past. Also, Indigenous knowledge and data are part of a larger conversation
in relation to ethics, copyrights, and data sovereignty (Chilisa, 2020; Walter & Andersen, 2016).
The principles of OCAP, which are ownership, control, access and possession, provide voice
to Indigenous peoples and ensure they will have control over data collection processes and
how the resulting information will be used (First Nations Information Governance Centre, 2022;
Garrison et al., 2019).
It is likely that the new generation of researchers will create new methodologies and methods
based on Indigenous knowledge systems and ways of knowing. These researchers may even
attempt to privilege Indigenous voices and conduct research that benefits the researched
societies.
Perhaps in the future, Indigenous and Western knowledge can consistently be integrated or
conducted simultaneously to enhance the participation of Indigenous peoples in research
efforts, improve the relevance of the research for the needs of the people, and improve
dissemination of the research findings to communities.
As researchers, we need to thoughtfully and respectfully practise our methods with an ethical
consideration of the quality of our work. We need to accept the responsibility to not harm
anyone with our methods or our findings. If this can be done, and researchers attempt to
address the needs of the research participants in the future, perhaps research will be more
welcomed by Indigenous peoples and, as researchers, we can help strengthen the next seven
generations.
5.11 Looking Forward | 159

1. Pick a contemporary social issue of interest to you. Outline the type of research study you
think could be used to accurately and respectfully investigate this issue.
2. Find two research studies reported on in your local media. Describe the studies briefly.
Determine if the study design was cross-sectional or longitudinal and decide if the design
has an important influence on the findings. If the design were different, would the findings
possibly have been different?
3. Write a brief narrative about your first college course or something your classmates agree
on. Then, compare narratives with your friends and see if you can identify common
themes.
4. Locate a research finding either in one of your texts or online that concludes there is a
deficit or weakness among Indigenous peoples (such as high rates of poverty, low
educational attainment, or low interaction with technology). How could this finding be
reframed to present Indigenous peoples in a stronger or more resilient way?

5.13 References
Abbott, A. (2004). Methods of discovery: Heuristics for the social sciences. New York: W.W. Norton
& Company, Inc.
Bachman, D. R. & Schutt, K. R. (2017). The practice of research in criminology and criminal justice
(6th ed.). Sage.
Chilisa, B. (2020). Indigenous research methodologies (2nd ed.). Sage.
Deloria, V., Jr. (1988). Custer died for your sins: An Indian Manifesto. Norman and London.
First Nations Information Governance Centre (2022). The First Nations principles of OCAP.
https://fnigc.ca/ocap-training/
Garrison, N., Hudson, M., Ballantyne, L., Garba, I., Martinez, A., Taualii, M., Arbour, L., Caron,
N., & Rainie, S. (2019). Genomic research through an Indigenous lens: Understanding the
expectations. Annual Review of Genomics and Human Genetics, 20, 495-517. https://doi.org/
10.1146/annurev-genom-083118-015434
Hagan, E. F. (2014). Research methods in criminal justice and criminology (9th ed.). Pearson.
Macdonald, N. E., Stanwick, R., & Lynk, A. (2014). Canada’s shameful history of nutrition research
on residential school children: The need for strong medical ethics in Indigenous health
research. Paediatrics & Child Health, 19(2), 64. https://doi.org/10.1093/pch/19.2.64
MaxField, G. M., & Babbie, E. (2001). Research methods for criminal justice and criminology (3rd
ed.). Wadsworth.
Peltier, C. (2018). An application of Two-Eyed Seeing: Indigenous research methods with

participatory action research. International Journal of Qualitative Methods, 17(1).
https://doi.org/10.1177%2F1609406918812346
Redvers, N. (2019). The science of the sacred: Bridging global Indigenous medicine systems and
modern scientific principles. North Atlantic Book.
Walter, M., & Andersen, C. (2016). Indigenous statistics: A quantitative research methodology.
Routledge.

6.1 Genetics
DR. GAIL ANDERSON
It is a common misconception that the link between biology and crime is primarily genetic, yet
there is much more to biology than the study of genes. However, our genes do have a profound
influence on us, and a great deal of research has been conducted on the genetics of behaviour.
As behaviour is highly complex, in almost all cases, any behavioural trait will be influenced
by a large number of genes, not just two or three. Therefore, “a gene for crime” or for any
complex behaviour cannot exist. Most behaviour is governed by thousands of genes, with each
contributing a small amount towards a person exhibiting that behaviour.
Most behaviours are not criminogenic on their own, but under the right circumstances could
lead to a person offending. For example, impulsivity is a behaviour that could potentially lead
to a criminal event, such as not considering the consequences of stealing a car for a joy
ride. Of course, impulsivity could equally result in buying way too many red shoes! How such
a behaviour is enacted is greatly influenced by many other factors including socioeconomic
status (SES), education, and peers. Therefore, any relationship between genes and behaviour
is modulated by myriad genes and the number of genes a person has that influences that
behaviour will increase their likelihood of exhibiting that behaviour.
Heritability Studies
A great deal of genetic and environmental research has been conducted using twin and adoption
studies. These studies compare the impacts of genes and the environment on behaviour.
Twins are a perfect study group as there are two types of twins: monozygotic (MZ) and dizygotic
(DZ). MZ (“identical”) twins began as a single zygote (one egg and one sperm) that, very shortly
after fertilisation, divide into two, resulting in two genetically identical babies, aside from small
early mutations that may occur (Jonsson et al., 2021). DZ twins result from two zygotes and
only share 50% of their genes (actually, we share 99% of our DNA with every other human
being, but of the 1% that is different between all people, siblings share 50%). DZ twins in
general share 100% of their environment and 50% of their genes, whereas MZ twins, in general,
share 100% of both their environment and genes. Comparing behaviours between DZ and
MZ twins helps us understand whether environment or genes has a greater influence on a
behavioural trait. As both types of twins share the same environment, any differences relate
to genetics. A great many twin studies have been conducted globally over the last 100 years
and have consistently shown both a heritable component to criminogenic behaviour and an
environmental component (e.g., Anderson, 2020a; Kendler et al., 2015).
6.1 Genetics | 163

One problem with twin studies is the assumption that each set of twins share the same
environment, but MZ twins, who look identical, may share more of their environment than DZ
twins, who look less similar and may be different sexes. Such factors would impact the results
(Burt & Simons, 2014). Adoption studies offer a much more powerful method of separating the
effects of genes and the environment by comparing adopted children with their adopted and
biological families. In such situations, biological parents can only contribute biological effects,
and adoptive parents can only contribute environmental effects on the behaviour of adopted
children, as the studies focus on children adopted by non-relatives, neatly separating biological
and environmental effects. Many large studies conducted worldwide have shown that a child is
much more likely to offend if their biological rather than adoptive parents were offenders, and
even more likely if both are offenders (Mednick et al., 1987). These findings show both a heritable
relationship and the impact of the environment.
Gene X Environment Interactions (GxE)
People with different genetic backgrounds may react differently to the same environment.
We know many risk factors influence the likelihood of committing a crime—such as child
abuse, low SES, and peer pressure, but most people who experience these environmental
factors do not turn to crime and may be exemplary members of society. Likewise, privileged,
wealthy people with supportive peers and abuse-free childhoods may still commit many crimes.
We now understand that persons with certain genetic backgrounds are more sensitive to
specific environmental triggers than others (Mullineaux & DiLalla, 2015). Someone without a
predisposition for criminal behaviour may never offend, irrespective of an adverse environment,
and a person with a predisposition for criminal behaviour may never offend if they do not
experience adversity. Adversity may be any form of hardship, which includes trauma, physical,
sexual or emotional abuse, starvation, or any form of severe suffering. For example, as we will
discuss later, males with a certain form of a gene for a neurotransmitter or chemical messenger
have a higher predisposition for aggressive behaviour only if they are severely physically abused
as a child. If they are not abused, that is, they are never exposed to this trigger, they are no
more likely to be aggressive than any other male (Caspi et al., 2002). A predisposition together
with an adverse environment increases risk but still does not guarantee a criminal outcome
because gradients in each either increase or decrease risk (Gajos et al., 2016). Several models
predict these variations, such as the diathesis stress model, which suggests that a genotype
has a number of different alleles or different gene variants, and each adds a tiny bit of risk
(Bersted & DiLalla, 2016). If the person is exposed to a bad environment, then they are very
likely to be antisocial, but if they are exposed to a good environment, they may not show any
antisocial behaviour at all. So, this model predicts that the basic causes of antisocial behaviour
are triggers in the environment interacting with the person’s genotype (Boardman et al., 2014).
For example, it has been shown that children with certain risk factors are at greater risk of
antisocial behaviour if they experience parental conflict (Feinberg et al., 2007). These findings

help identify not only environmental triggers but protective factors that can ameliorate or even
eliminate risk.
Epigenetics
The genome is a person’s complete set of genetic instructions or blueprint (the DNA sequence),
and it is controlled by the epigenome, an array of chemicals that tell the genome which genes
should be turned on (expressed) and which should be turned off. The epigenome can also
change in response to experiences, altering the way a gene is expressed—that is, what the gene
actually does—without changing the DNA sequence. Therefore, a person’s genome remains the
same, but its functions may change in response to experiences (DeLisi & Vaughn, 2015). For
example, astronauts Scott and Mark Kelly are MZ twins, but only Scott spent a year in space.
1
See the NASA twins study revealing that space flight can cause genetic changes . Studies of
their DNA before and after the space travel showed that, although their DNA remained identical,
stressors experienced on the flight had changed Scott’s DNA expression (Garrett-Bakelman et
al., 2019).
Interestingly, although only the expression of the genes changes and not the DNA sequence,
these epigenetic changes can be passed on to the next generation, so they are heritable
(National Human Genome Research Institute, 2016). This very exciting new area is only just
being explored, primarily as it relates to healthcare, but some work has been done on
criminogenic behaviour that helps explain GxE interactions. The epigenome is changed by the
environment to allow the body to respond; changes may occur in neural development or in
neurotransmitter or hormonal function, which could impact behaviour. Studies on rodents
show that maternal care could result in gene expression changes in the first week of life,
with increased maternal care resulting in calmer offspring that exhibit less stress to new
environments than those with low maternal care (Weaver et al., 2004). When rat pups were
abused for 30 minutes a day during their first week of life, the brain changes lasted a lifetime,
resulting in rats that abused their own offspring (Roth & Sweatt, 2011). In both studies, the
changes could be reversed with medication.
Many studies on children have shown that early life adversity and parenting decisions have
an epigenetic effect on a child’s developing brain that can impact their future behaviour,
mental abilities, reaction to stress, and resilience to further adversity, making them less able to
1. Scan the QR code to access https://www.youtube.com/watch?v=SxjrgfBXxZ0
6.1 Genetics | 165

cope, and such changes can be transgenerational (DeLisi & Vaughn, 2015). This is a very new
understanding and means that the experiences of your parents can epigenetically affect their
DNA, which will impact the way your genes and even your children’s genes will be expressed. In
other words, a person’s ancestor’s experiences can genetically impact later generations. Studies
show that this epigenetic effect can increase antisocial behaviour and callous unemotional
aggression, reduce empathy, increase depression and reduce normal stress responses, resulting
in a lack of fear of danger or consequences (DeLisi & Vaughn, 2015; Rutter, 2012).
When the communist government of Romania fell in 1989, the world was horrified to see images
of hundreds of thousands of children abandoned and warehoused in appalling conditions,
without the most basic necessities of life, and no human contact except abuse. This lack of
basic care and human contact together with extreme deprivation and institutionalisation meant
many of these children exhibited cognitive problems. What 100,000+ Children Taught Us About
2
Neglect in Early Childhood describes some of these issues. Imaging studies showed that these
children had less total grey and white matter in the brain and an enlarged amygdala—a part
of the brain responsible for dealing with emotions (Mehta et al., 2009). These findings may
be a result of developing epigenetic coping mechanisms and reduced responses to extreme
3
institutionalisation. See Romania’s Abandoned Children about the impacts of
institutionalisation. In other studies of abused children, epigenetic changes increased their
likelihood of developing post-traumatic stress disorder in response to adversity experienced in
their adult lives (Mehta et al., 2013). Kayla Bourque is a Vancouver example of a high-risk violent
offender with a history of animal abuse who was adopted from a Romanian orphanage. See B.C.
4
animal killer called ‘psychopathic’ for more on Kayla Bourque .
It has long been accepted that experiencing an abusive childhood increases risk for later
offending. These studies not only show the environmental impacts of such abuse but now also
2. Scan the QR code to access https://www.youtube.com/watch?v=Q2o29_2l_jE
3. Scan the QR code to access https://www.youtube.com/watch?v=ptZ-L3uAXXA
4. Scan the QR code to access https://www.cbc.ca/player/play/2312548152

a major biological impact on a child’s developing brain, making them more susceptible to later
environmental triggers, potentially resulting in antisocial behaviour, an inability to deal with
stressors, as well as a lack of parenting skills. Moreover, these changes can be transgenerational.
Residential Schools
Epigenetic studies help us understand why atrocities such as residential schools not only had
major and long-lasting impacts on the Indigenous children who were abused, but also how the
effect of this abuse is magnified as it is perpetuated biologically through the next generations,
5
as discussed in Can Trauma Be Inherited? . Also, when child abuse causes a child to shut down,
become socially withdrawn, become unreactive to normal pleasurable experiences and have
reduced responses, it has long-term effects on their own relationships with their children, as a
6
Residential school survivor explains the impact on her family .
These intergenerational impacts, although considered here in a scientific context, clearly

illustrate the connections between the many aspects of knowledge, including the cognitive,
spiritual, emotional and physical elements, which are all parts of Indigenous epistemologies
(Doetzel, 2018; Simpson, 2011; Smith, 2012). In many cases, the disruption of these
interconnections has also prevented the passage of traditional, ancestral knowledge to
subsequent generations (Monchalin, 2016).
Social Implications
When considering any heritable factor that impacts a physical characteristic with social
implications, it must be separated from the social effect. When certain heritable characteristics
such as skin colour or ancestry put a person at a social disadvantage—for example, by making
5. Scan the QR code to access https://www.youtube.com/watch?app=desktop&v=NuIM39dcUs4
6. Scan the QR code to access https://www.youtube.com/watch?app=desktop&v=nJ64DItsIi0
6.1 Genetics | 167

them more likely to experience poverty, a lack of education, starvation or abuse—their lack
of success, or increased risk, is blamed on the inherited factor. In reality, this is a social
construct and a result of systemic discrimination. Possessing that heritable characteristic
greatly reduced that person’s chances of success in that particular society, and it is purely the
environmental disadvantages that caused the outcome, not genetics or physical differences
themselves. This discrimination, rather than ancestry, in part explains the disproportionate
number of Indigenous persons who are incarcerated in Canada as well as African-Americans
incarcerated in the United States.

6.2 Brain Chemistry
DR. GAIL ANDERSON
Neurochemistry is not often covered in criminology texts as it is highly specialised, yet some
of the most exciting discoveries within biosocial criminology result from our rapidly increasing
understanding of brain chemistry and its interactions with the environment. The brain controls
all behaviour, and we are beginning to understand how imbalances in certain brain chemicals
can affect health and behaviour. Neurotransmitters are chemicals involved in communication
between nerve cells. Neurotransmitters are synthesised by the catalysis of an amino acid
precursor. Once released, they bind to a receptor cell to transmit a message, then break down
into their metabolites. Each of these stages is under genetic control and involves many genes.
Imbalances and interactions between these neurotransmitters and our environment can have
profound effects on our behaviour.
Serotonin
Low levels of serotonin, a behavioural inhibitor, have been linked to impulsive-aggressive

behaviour in extensive research conducted globally over six decades. A great deal of evidence
shows that serotonin plays a role in impulsive-aggressive behaviour, which makes sense
because serotonin regulates the stress response in the brain, meaning that it impacts the way
we handle and react to stress, in general having a calming effect.
Many studies have shown that dysfunction at any stage of the serotonergic system can reduce
levels of serotonin, and alleles have been linked to increased levels of suicide (Antypa et al.,
2013). For example, one such gene has two alleles referred to as S and L. We all have two alleles
for every gene, so a person could have SS, SL or LL. The S allele makes a person more sensitive
to stress, and the L allele makes them more resistant. In a seminal, long-term study of almost
900 people, Caspi and colleagues looked at 21- to 26-year-olds who had suffered multiple
stressors (Caspi et al., 2003). They found that almost half of those with SS developed depression,
and 11% attempted suicide as opposed to only 17% of those with LL who developed depression
and 4% who attempted suicide (Caspi et al., 2003). This early study has been repeated many
times around the world and again highlights the link between a person’s genetic background
and their environment. Numerous studies have also linked low serotonin levels with aggressive
behaviour (Brown et al., 1979; Glick, 2015), psychopathy (Glenn, 2011), impulsivity (Linnoila et al.,
1983), and an inability to learn from negative experiences (Helmbold et al., 2015).
Overall, the studies on serotonin indicate that any sort of dysfunction in the serotonergic
system has an adverse effect on behaviour. However, in many cases, we can reverse the effects.
Neurotransmitters are synthesised from building blocks or precursors of basic amino acids, and
6.2 Brain Chemistry | 169

the precursor for serotonin is tryptophan. This amino acid can be obtained through diet. Even
people with perfectly normal serotonin systems may get edgy or upset if their tryptophan levels
drop. In contrast, increasing a person’s tryptophan levels often results in a feeling of peace and
general well-being. One source of tryptophan is turkey, and this may account for the overall
general feeling of benevolence often felt after eating a large turkey dinner. Therefore, such
chemical imbalances may be successfully treated, often with something as simple as a change
in diet.
Dopamine
Dopamine is often considered a pleasure or reward neurotransmitter as it produces many

positive feelings in response to the normal pleasures in life, such as love, sex, and food. Many
drugs target the dopamine system, causing a rapid increase in dopamine levels, resulting in
euphoria (Volkow et al., 2003). In some cases, increases in dopamine can increase aggression,
particularly in people with deficits in the normal reward system who do not gain pleasure from
normal pleasurable activities and need greater stimulation (Blum et al., 2015). This means that
such people are not happy with the usual simple pleasures like sex, chocolate or the company
of friends, for example, so they need to push for greater excitement. A number of alleles within
the dopamine system have been linked to increased risk for anti-social behaviour (Blum et al.,
2015; Young et al., 2002; Yun et al., 2015), but remember again that each allele only contributes a
very small increased risk.
Monoamine Oxidase (MAO)
MAO is an enzyme responsible for breaking down several neurotransmitters, including

serotonin and dopamine, so although not a neurotransmitter itself, it still impacts
neurotransmitter levels. Many studies have linked low MAO levels to a variety of antisocial
behaviours, including aggression (Antypa et al., 2013); however, perhaps the most interesting
studies on MAO are those that show a distinct GxE interaction. The two MAO enzymes, A and
B, are the result of two different genes on the X chromosome, making them sex-linked. Sex-
linked traits are mostly expressed by males, as females have two X chromosomes. If one X has a
deleterious allele of a gene, it is usually masked by the presence of a normal X. Males, however,
only have a single X and a Y chromosome, so any genes on the X chromosome will be expressed.
The MAOA gene has several different alleles, with some resulting in normal levels of MAOA
(MAOA-H) and others producing low levels (MAOA-L). In one of the first studies to find a
GxE interaction, Caspi and colleagues considered a cohort of 442 male adults, identifying 154
who had been abused as children, 33 severely (Caspi et al., 2002). Each was evaluated for

MAOA-H or MAOA-L and assessed for antisocial behaviour based on convictions for violent
crime or exhibited antisocial behaviour. Only 12% of the entire cohort had MAOA-L, yet they
accounted for 44% of violent crime convictions. A significant relationship was found between
MAOA-L, child abuse and criminal convictions. Of the severely abused, 85% exhibited antisocial
behaviour. Men with the normal MAOA-H alleles rarely exhibited violent behaviour, even if they
had been severely abused as children (Caspi et al., 2002). It is important to understand that
the risk of violent behaviour only occurred when the genotype was combined with child abuse
(Caspi et al., 2002). This is fascinating as people have often looked at a violent criminal and said,
“Well, what did you expect, when he had such a violent upbringing?” Immediately, however,
someone else will say, “My best friend was brutally abused as a child, and he’s not at all violent.”
This seminal work was the first to demonstrate at least one pathway to explain why an abusive
childhood may lead some to violence and not others, and it shows protective factors—a safe,
stable home life in childhood can ameliorate such risk factors.
6.2 Brain Chemistry | 171

6.3 Brain Damage
DR. GAIL ANDERSON
The brain is the seat of all behaviour, so obviously damage to the brain is likely to impact
behaviour, including, potentially, antisocial behaviour. By design, the brain physically changes
with experience and is another complicated mix of genetics and environment.
Head Injuries
Most behaviours are controlled by complex connections within the brain and not by one
part alone. However, the frontal lobe, found from the forehead region above the eyes to the
midway of the skull, is heavily involved in inhibiting inappropriate behaviour, aggression and
impulsivity. This area is at the front of the head so it is more likely to be injured in an accident
or assault. People with a frontal lobe injury often lose their social graces, self-control, and
patience, and may experience personality changes, develop anxiety or depression, demand
instant gratification, or have poor planning skills (Lane et al., 2017). In 1848, Phineas Gage was
a railroad construction supervisor when an accident drove a metal bar through his cheek and
up through the top of his head, destroying his frontal lobe. Miraculously he survived, but his
kind, polite, gentle personality was gone, and he became violent, irritable, and irresponsible.
His friends said he was “no longer Gage” (Damasio et al., 1994, p1102). His memory and ability
to do his job, however, had not changed. Similar changes have been seen in modern patients
with frontal lobe damage (Damasio et al., 1994), and we are only just beginning to understand
the impacts of repeated concussions in professional athletes, chronic traumatic encephalopathy
and the relationship to antisocial behaviour (Stern et al., 2011).
The brain is not fully developed at birth but continues to develop for many years, influenced by
experience. Most brain development is completed around the mid-twenties, which is important
as the law considers an accused to be an “adult” and entirely responsible for their actions by
the age of eighteen or even younger, yet the brain is still developing at this age. In particular,
the prefrontal region, the last to mature, is especially important in developing social behaviour,
appropriate responses, cognition, abstract thought, and inhibiting inappropriate behaviour
(Arain et al., 2013). Damage to the developing brain is, therefore, particularly harmful, as children
and youth have not yet developed the inner control mechanisms or socially acceptable
behaviour of adulthood (Anderson, 2020b).
Child abuse commonly results in brain injury as even a single blow can cause damage. Even a
mild traumatic brain injury (TBI) can have major effects, particularly on social and emotional
maturity and reduced cognition, which can lead to poor social interactions and peer

relationships and long-term risk (Mychasiuk et al., 2014). Child abuse, therefore, not only creates
a dysfunctional social environment but may result in lasting behavioural damage.
Many studies have shown that incarcerated youth have much higher rates of TBI than non-
incarcerated youth (Gordon et al., 2017; Hughes et al., 2015), recidivism is increased in youth
with TBIs (Williams et al., 2010), and in most cases the TBI predates the offence (Lewis et al.,
1988). Not only can such an injury result in a youth being more likely to commit a crime, but TBI-
related cognitive impairment, language deficits, comprehension, and social skills mean that the
youth is also at a greater disadvantage when trying to navigate the highly complex legal system,
which requires excellent communication skills and a clear understanding of all proceedings,
rights, and legal advice, putting them at even greater risk (Wszalek & Turkstra, 2015).
TBI in adults has also been frequently linked with violence and crime, with some TBI sufferers
exhibiting a loss of control, temper, increased physical and verbal violence, agitation and
frustration (Bannon et al., 2015). In a meta-analysis of studies of incarcerated men and women
in US prisons, 60% had suffered at least one TBI (Shiroma et al., 2010), with one study reporting
88% (Diamond et al., 2007). In a meta-analysis of studies from the US, the UK and Australia,
prevalence ranged from 9.6 to 100%, with an average of 46% (Durand et al., 2017). In Canada,
the prevalence of TBIs was over 50% in incarcerated men and 38% in incarcerated women, with
many reporting multiple TBIs (Colantonio et al., 2014). Higher recidivism rates are also seen in
adult offenders with TBIs as well as an earlier age of first offence, faster re-arrests, greater
violence, increased sentences, and infractions while incarcerated (Ramos et al., 2018; Ray &
Richardson, 2017).
Brain Disorders
Brain damage can also result from disease or toxins. Stroke, brain tumours, meningitis,
alcoholism, and cannabis use can all damage or cause changes in the brain (e.g., Arain et al., 2013;
Burns & Swerdlow, 2003). For example, a happily married, middle-aged schoolteacher suddenly
developed an obsession with child pornography, was inappropriately sexual with children, and
eventually sexually assaulted his own young stepdaughter. He was convicted and ordered to
enter a treatment program from which he was expelled due to inappropriate sexual behaviour
towards other patients and the instructor. His inability to complete treatment resulted in an
order to serve time, but before being sent to prison he complained of violent headaches and
said he was scared he might rape someone. An MRI scan showed a large tumour in the orbito-
frontal region of the frontal lobe of his brain, the area responsible for judgement, appropriate
social behaviour and self-control (Burns & Swerdlow, 2003). The tumour was removed, and his
behaviour returned to normal. He successfully completed treatment and returned home to his
wife and stepdaughter. Sometime later, he began secretly collecting child pornography again.
A scan revealed that the tumour had returned; it was removed, and his behaviour returned
to normal. This case indicates a major ethical dilemma—was he responsible for his actions? It
6.3 Brain Damage | 173

seems clear that his criminal behaviour was directly related to a medical condition over which
he had no control. However, he later stated that “somewhere deep, deep, deep in the back of
my head, there was a little voice saying ‘you shouldn’t do this’” (Glenn & Raine, 2014, p.58). This
indicates that even at his worst, he was still able to form mens rea or the ability to understand
that his actions were criminal.

6.4 Nutrition and Alcohol
DR. GAIL ANDERSON
Diet
A healthy diet, with essential nutrients, vitamins, and minerals, is vital for brain development,
and an inadequate diet in childhood can result in neural deficits leading to antisocial behaviour,
including aggression and reduced self-control (Jackson, 2016), and to many health issues. As
many neurotransmitter precursors come from diet, a poor-quality diet may affect neural
function simply by a lack of precursors.
Low SES is a known risk factor for antisocial behaviour, as it includes many overall risk factors
such as poverty, reduced education and job opportunities, together with the discrimination that
often follows. Poverty in general reduces a developing child’s access to nutritious, fresh food, so
the effects of low SES are likely to be exacerbated by a poor diet, with its resultant health issues,
and also by its impact on neural development.
Supplementing diet has been understood as a way to improve health and behaviour since
Lombroso (Bohannon, 2009), and many large-scale studies on dietary supplementation for
malnourished children have shown extraordinary improvements in behaviour (Liu, 2004; Raine
et al., 2003). A poor-quality diet does not necessarily mean starvation. A large global study of
approximately 200,000 children from forty-one countries showed a 123% increase in bullying
behaviour in children eating poor-quality rather than nutritious food (Jackson, 2017). Such
information opens the door to intervention strategies that can increase health and reduce
antisocial behaviour with supplementation and education. A good example of such an
1
intervention is the Breakfast Club of Canada , which provides children with nutritious
breakfasts.
We have seen that direct abuse has both sociological and biological impacts on a child’s well-
being and behaviour throughout the life course and even transgenerationally. But
institutionalisation and residential schools have other insidious effects. As well as being
physically, emotionally and sexually abused, residential school children were underfed, given
poor-quality food, and frequently starved, as discussed in Hunger experienced in residential
1. Scan the QR code to access https://www.breakfastclubcanada.org/
6.4 Nutrition and Alcohol | 175

2
schools linked to present-day health problems. Aside from the obvious torture of such
treatment at the time, the effects of poor diet and starvation can have long-lasting impacts
on a person’s biology, health, and behaviour. Colonisation and residential schools deprived
Indigenous Peoples of their traditional food sources and their knowledge of ways to harvest wild
animals and plants to maintain a healthy diet. Once lost, these skills cannot be passed to future
generations, leading to increased diet-related health issues. These issues are not just historical
but persist today as many Indigenous Peoples have lost pre-colonial connections to the land
and suffer ongoing biological consequences (Monchalin, 2016).
Foetal Alcohol Syndrome (FAS) and F0etal Alcohol Spectrum

Disorder (FASD)
Some clearly environmental factors that impact behaviour can also have biological effects.
It is well known that alcohol usage is involved in a vast number of crimes, as it increases
impulsivity and violence and reduces self-control. But alcohol usage during pregnancy can
have much more insidious impacts on the developing child, resulting in a wide range of health
and behaviour problems. Prenatal alcohol exposure affects the developing brain as well as
the serotonergic system, the dopamine system, hormonal systems, the immune system, and
other aspects of neural development. These effects can result in children developing cognition,
attention, communication, and perceptual deficits; hyperactivity; an inability to understand
consequences; and poor peer relationships (CanFASD, 2018).
Alcohol use and abuse, which relates to residential school abuses and other systemic racism
and discrimination, has historically disproportionately affected Indigenous Peoples (Johnson,
2016). Although such abuse is usually considered in a sociological context, it also has a biological
basis. The effect of alcohol on an individual, such as how intoxicated they become, and how
fast they process the alcohol, depends on many features such as whether they had eaten
first, the speed at which they consumed the drink, and the alcohol content of the drink, but
also the person’s biology. Alcohol is broken down by alcohol dehydrogenase and aldehyde
dehydrogenase enzymes, which are controlled by several genes. Different ancestral groups have
different alleles for these genes, impacting their alcohol metabolism and thus their ability to
tolerate the effects of alcohol (Wall et al., 2016).
Colonialism, intergenerational abuse, and residential schools have greatly increased
2. Scan the QR code to access https://www.youtube.com/watch?v=ejc0FhEvD4g

maladaptive coping mechanisms such as alcohol usage among Indigenous women, resulting in
much higher rates (38 times) of FASD than in the general population (Popova et al., 2017). In
Canada, youth with FASD are 19–40 times more likely to be incarcerated than non-FASD youth
(Malbin, 2004; Popova et al., 2011). This is a vicious circle as incarceration exacerbates the effects
of FASD as such people are highly suggestible, form poor peer relationships and are frequently
victimised, increasing their recidivism (Brown et al., 2014).
6.4 Nutrition and Alcohol | 177

6.5 Conclusion
DR. GAIL ANDERSON
This chapter has briefly covered a few biological influences on potentially criminogenic
behaviours and underscored the interaction between the environment, a person’s experiences,
and their biology. There is clearly a heritable component to antisocial behaviour, but a person’s
gene expression, their neural development, and their brain chemistry are all moulded by that
person’s experiences, which will influence their behaviour, for better or worse. Certain factors
can increase a person’s predisposition for criminogenic behaviour, though it is still only a
predisposition—a risk factor. However, such biological research has also shown many protective
factors that can help decrease a person’s predisposition and inform intervention and treatment
options.
It is clear that as a child’s brain is constantly developing, adversity; physical, mental and
sexual abuse; starvation; and institutionalisation during childhood can have lifelong and
transgenerational effects. This highlights the impacts that residential schools and systemic
racism and discrimination in Canada have had, and continue to have, on the disproportionate
number of Indigenous Peoples who have been incarcerated.

DR. GAIL ANDERSON
1. Some cases show that something clearly biological or medical may have triggered
aggressive behaviour, such as a brain tumour in a paedophile. In such a case, should a
person be punished for what they did, even if not punishing them means they are still a
danger to society? How should such situations be handled by the criminal justice system?
2. Although a great deal of research has identified risk factors for antisocial behaviour, it has
also identified a number of protective factors. Discuss at least two protective factors and
how they could be helpful when considering a child at risk.
3. An inherited factor such as skin colour or ancestry has often been used to support
discrimination against a person, justifying this by saying that people with this factor are
more likely to, for example, commit a crime. Discuss the reasons why this is entirely wrong
and the real reasons why such factors may increase risk.
4. Discuss how abuse, particularly in childhood, can impact responses to stressors in
adulthood.
5. Discuss the several biological risk factors that might help to explain the disproportionate
incarceration of Indigenous Peoples.
6.6 Discussion Questions | 179

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10.1177/0306624X14554381

7.1 Individual Psychology
DR. JENNIFER MERVYN AND STACY ASHTON, M.A.
The earliest and most persistent explanations of criminal behaviour locate the flaw in the
individual. From the “original sin” in Christian theology to antisocial personality disorder and
1
psychopathy in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) , the concept
of bad people doing bad things has been a universal starting place for our approach to
criminality (American Psychological Association, 2013).
The key question stemming from this approach is: What differentiates individuals who commit
crimes from those who do not? Many psychological theories of criminal behaviour focus on
identifying personality traits, characteristics, and developmental pathways believed to be
shared by people who commit crime. Some theories focus on the temperament and personality
people are born with (nature), while others focus on how life experiences shape people’s
behaviours and attitudes (nurture).
Nature
Research on children has consistently found stable differences over the first three years of
life across activity level, distractibility, adaptability, sensitivity and quality of mood. Tang et
al. (2020) found that behavioural inhibition in infancy predicts shyness and introversion in
adults thirty years later, suggesting that early temperament persists through the life span.
Two temperaments associated with criminal behaviour are: 1) high sensation-seeking combined
with low self-control, which leads to impulsive risk-taking and 2) negative emotionality, which
leads to increased hostility and, if combined with callous emotional traits, increased cruelty
(Delisi & Vaughn, 2014; Bonta & Andrews, 2017). Of these aspects of temperament, low self-
control and impulsivity have received the most research attention and are considered major
contributing factors in violent crime (Garofalo et al., 2018; Gilbert & Daffern, 2010; Kuin, et al.,
2015; Gottfredson & Hirshi, 1990).
Researchers have long engaged in classifying humans into different categories of personality to
predict differences in individual behaviour. The Myers-Brigg personality type indicator, rooted
1. Scan the QR code to access https://www.psychiatry.org/psychiatrists/practice/dsm
7.1 Individual Psychology | 187

in the work of Carl Jung, divides people along four continuums: introversion or extraversion (E/
I), sensing or intuition (S/N), thinking or feeling (T/F), and judging or perceiving (J/P), resulting
2
in 16 main personality types (Myers, 1962). This theory suggests that differences in behaviour
are largely due to basic differences in the ways individuals perceive and judge the world around
them.
Table 7.1: Myers-Briggs Personality Types

(Myers & Briggs Foundation, 2021)
ISFJ INTJ
ISTJ INFJ
Quiet, friendly, Creative, driven,
Quiet, serious, logical, Connected, insightful,
responsible, visionary,
loyal values-driven, decisive
conscientious independent
ISTP
ISFP INFP INTP
Tolerant, flexible,
Quiet, friendly, sensitive, Idealistic, values-driven, Logical, abstract,
solution-oriented,
kind, conflict-averse curious, adaptable quiet, analytical
efficient
ENFP ENTP
ESTP ESFP
Warm, imaginative, Quick, ingenious,
Pragmatic, energetic, Outgoing, accepting,
resourceful,
spontaneous, active realistic, adaptable Appreciative outspoken
ESFJ
ESTJ ENFJ ENTJ
Warmhearted,
Practical, decisive, Empathic, responsible, Frank, decisive, well-
harmonious, loyal,
organized, systematic sociable, facilitative informed, leader
helpful
Another common current personality measure is the five-factor model of higher-order traits:
extraversion, neuroticism, openness to experience, agreeableness, and conscientiousness
(Costa & McCrae, 1992). Research applying the five-factor model to antisocial behaviour has
typically found that antisocial behaviour is associated with lower agreeableness (less altruism,
tender-mindedness, compliance and straightforwardness) and lower conscientiousness (less
self-discipline, deliberation and dutifulness) (Jones et al., 2011). Overall, the core of the “nature”
focus is the assumption that people behave consistently across time and situations, and this
consistency allows us to predict future behaviour, including criminal behaviour (McCrae et al.,
2000).
2. Scan the QR code to access https://www.myersbriggs.org/my-mbti-personality-type/the-16-mbti-personality-

types/

Table 7.2: Five-Factor Model of Personality
(Costa & McCrae, 1992)
Personality Trait Low Scorer High Scorer
Favours conservative values; judges in Values intellectual matters; rebellious,

Openness conventional terms; uncomfortable with non-conforming; has an unusual
complexities; moralistic thought process; introspective
Behaves ethically; dependable,

Unable to deny gratification;
Conscientiousness responsible; productive; has high
self-indulgent; engages in daydreams
aspiration level
Emotionally bland; avoids close

Talkative; gregarious; socially poised;
Extraversion relationships; over-control of impulses;
behaves assertively
submissive
Critical, skeptical; behaviour is Sympathetic, considerate; warm,

Agreeableness condescending; tries to push limits; compassionate; likeable; behaves in a
expresses hostility directly giving way
Calm, relaxed; satisfied with self;

Thin-skinned; anxious; irritable;
Neuroticism clear-cut personality; prides self on
guilt-prone
objectivity
Nurture
Theorists that focus on “nurture” argue that personality develops in response to childhood
experiences. Sigmund Freud’s (1901, 1924, 1940, collected in Freud, 2012) psychodynamic
approach was one of the first theories to chart the development of personality through
childhood. Freud proposed five stages of psychosexual development: oral, anal, phallic, latency,
and genital. During each stage, sexual energy (libido) is expressed, and the reaction of parental
figures determines whether the stage resolves successfully or not. If stages resolve positively,
the resulting adult is able to “love, work, and play.” If developmental stages do not resolve
successfully, the result is an adult who is likely to violate ethical and moral standards.

Table 7.3: Freud’s Stages of Psychosexual Development
(Freud, 1940, collected in Freud, 2012)
Pleasure/
Stage Age Key Developmental Tasks Fixation results in
Sexual Focus
Mouth
Birth – Obsessive eating, smoking, drinking
Oral (chewing, Weaning
1 year (alcoholism)
sucking)
2-3 Obsession with cleanliness; sexual

Anal Anus Toilet training
years anxiety
Identifying with gender

4-5 Genitals
Phallic role models (Oedipus/ Difficulty with intimate relationships
years (masturbation)
Electra complexes)
6-12 No fixation (stage not present in all

Latency None Social interaction
years cultures)
Genitals Previous fixation equals low sexual

Puberty Intimate relationships,
Genital (sexual interest; no previous fixation equals
& later productivity
intimacy) normal sexual motivation
Erik Erikson’s psychosocial developmental theory extended Freud’s theory of psychosexual

development throughout the lifespan. At each stage of life, individuals face developmental
challenges on the road to self-actualisation. Early stages of childhood development determine
whether a child will trust or mistrust the world around them, develop autonomy or shame in
their own abilities, and perceive themselves as “good” by being rewarded for their initiative or
“bad” for failing to live up to the expectations of parental figures. Later stages focus on identity,
intimacy, productivity, and satisfaction with life (Erikson, 1950).

Table 7.4: Erikson’s Psychosocial Stages
(Erikson, 1950)
Stages Crisis Favourable Outcome Unfavourable Outcome
Faith in the
Suspicion, fear of future
1st year of life Trust vs mistrust environment and
events
future events
Autonomy vs A sense of self-control Feelings of shame and

2nd year
doubt and adequacy self-doubt
Ability to be a
Childhood A sense of guilt and
“self-starter,” to
3 – 5 years Initiative vs guilt inadequacy to be on
initiate one’s own
one’s own
activities
Ability to learn how

A sense of inferiority at
6 years to Industry vs things work, to
understanding and
puberty inferiority understand and
organizing
organize
Seeing oneself as a
Transition Identity vs Confusion over who and
Adolescence unique and integrated
Years confusion what one really is
person
Ability to make Inability to form

Early Intimacy vs
commitments to affectionate
adulthood isolation
others, to love relationships
Concern only for self –

Generativity vs Concern for family
Middle age one’s own well-being and
Adulthood self-absorption and society in general
prosperity
A sense of integrity
Dissatisfaction with life;
Integrity vs and fulfillment;
Aging years despair over prospect of
despair willingness to face
death
death
Erikson’s work informs Lawrence Kohlberg’s theory of moral development (Kohlberg & Hersh,
1977). Kohlberg asked people of various ages about their views on right and wrong in moral
dilemmas and found that people’s reasons for deciding right versus wrong followed a
predictable path, as shown in Table 7.5.
Table 7.5: Kohlberg’s Theory of Moral Development

(Kohlberg & Hersh, 1977)
Good vs bad is defined by getting rewards and avoiding punishments. If someone

Pre-conventional
can avoid punishment or not get caught, then a person at this stage deems the
morality
action acceptable.
Conventional Focuses on strict adherence to the concepts of right and wrong, as determined by
morality the rules of society, and other significant people like parents and teachers.
Right and wrong are determined by an individual’s principles of equality, justice,

Post-conventional
and respect; rules are critically evaluated against these standards. Kohlberg
morality
posited this as the most advanced level of moral development.
Kohlberg theorised that criminals would be more likely to show pre-conventional moral

thinking. Research on criminal offenders has linked pre-conventional moral thinking to higher
rates of recidivism, though, notably, research of this sort would not include criminals who had
3
escaped the law (van Vugt et al., 2011). Watch Kohlberg’s Stages of Moral Development for more
detail on Kohlberg’s theory and its three stages (each with two sub-stages) and a discussion of
the famous Heinz dilemma.
Under “nurture” explanations of behaviour, parenting (usually mothering) is a major early

shaping factor on the development of personality and morality. Two dimensions appear
particularly important: support and control (Hoeve et al., 2009; Maccoby & Martin, 1983).
Baumrind (1991) created a typology of parenting styles differentiated by support and control, as
shown in Table 7.6.
Table 7.6: Baumrind’s Parenting Styles

(Baumrind, 1991)
High warmth and high behavioural control, characterized by firm rules, but
Authoritative open communication and rational discussion about those rules, coupled with
emotional support.
Low warmth and high/harsh control. It is characterized by rigid rules, the

Authoritarian expectation that those rules are followed, with no questions asked, and low
support and a reliance on punishment to enforce rules.
High warmth and low control, with few rules or expectations. Parents generally
Permissive
are warm and tolerant of their children’s behaviour but with few boundaries.
Low on both warmth and control. The parent is uninvolved and if the neglect is
Rejecting-neglecting
severe, it becomes abusive.
Research indicates that an authoritative style fosters higher levels of self-control, which is a
protective factor against criminal behaviour. Rejecting-neglecting parenting is most linked to
violent behaviour (Maccoby & Martin, 1983; Steinberg et al., 1994; Chung et al., 2006).
Parental monitoring, which can be supportive or controlling, has also been linked to criminal
outcomes. Recent research indicates that harsh control (physical/verbal punishment and
intrusiveness), low warmth and low monitoring are particularly related to criminal and violent
behaviour (Pinquart, 2017; Odgers et al., 2012).
Research supports the view that parenting involving warmth, active parental monitoring and
consistent rules/expectations may protect against violent behaviour in youth (Fosco et al.,
2012). Discipline that emphasises positive reinforcement over punishment appears to be the
most effective (Halgunseth et al., 2013; Surjadi et al., 2013).
3. Scan the QR code to access https://www.youtube.com/watch?v=GTzBrjxKHLg

Although parents clearly influence their children, children also influence their parents. Gerald
Patterson (1995) developed coercion theory to describe an escalation pattern of parents and
children negatively influencing each other. If a parent gives in to escalating demands from
their child, the child learns that they will get what they want if they intensify their anger
and resistance; therefore, the child will use this tactic the next time they want something. If
the parent increases their hostility in response, they effectively increase the level of demand
their child must reach to succeed, thereby feeding a coercive cycle. Children also learn that
coercive actions are effective in achieving one’s goals and may emulate this behaviour with
others. Children engaged in frequent coercive interactions with their parents are more likely to
have aggressive and oppositional behaviour (Patterson et al., 1992; Shaw et al., 1994; Shaw et al.,
1998).
One challenge in parenting research is establishing unbiased ratings of parent and child
behaviour (Pinquart, 2017). When rating themselves, parents will often respond in a socially
desirable way, intentionally or not. Similarly, children’s behaviour ratings are potentially biased,
depending on who is rating them. When ratings are given by researchers, it usually involves
artificial settings that affect the behaviour of both parents and children. Finally, research
on parenting relies on correlation because experiments cannot ethically expose children to
different kinds of parenting. Correlation cannot determine causality; it can only identify a
relationship between two variables, but it can not determine which variable caused which or
whether a third variable influenced both.
Attachment theory (Bowlby, 1982) focuses on the quality of a child’s early connection to their
primary caregiver and how it affects adult emotional and relationship functioning. Bowlby’s
attachment theory posits that early caregivers must provide security: infants are completely
dependent on their caregivers and must feel protected and trust they can rely on their caregiver
to meet their needs. When that trust is strained or broken, a child forms a dysfunctional
attachment towards their parents. Instead of security, they experience ambivalence, fear, or
anger towards their caregiver, which leads to clingy preoccupation or dismissive rejection of
caregivers. Early disrupted attachments translate into an inability to trust and rely on others in
adult intimate relationships and may contribute to violence in intimate relationships (Dutton,
2007). Insecure attachments also affect how positively or negatively we view others, which can
increase or decrease the likelihood of offending against others.

7.2 Cognitive & Cognitive-Behavioural
Theories of Criminal Behavior
Cognitive theories of criminal behaviour look for faults in cognitive processes, mental
development, and/or a defective moral compass. Rather than focusing on behaviour as an
expression of individual personality or development, cognitive and cognitive-behavioural
theories look at the way thoughts and feelings influence human behaviour.
The behavioural component of cognitive-behavioural psychology focuses on how rewards and

punishment shape behaviour—a process called conditioning. Reinforcement conditions
through rewards/relief: positive reinforcement occurs through receiving a positive stimulus,
while negative reinforcement is the removal of a negative stimulus. Consistent reinforcement
should result in an increase in the reinforced behaviour. Punishment is the opposite: positive
punishment occurs through receiving a negative stimulus, while negative punishment involves
having a positive stimulus taken away. Consistent punishment should result in a decrease in the
punished behaviour (See Table 7.7 below).
Table 7.7: Positive and Negative Conditioning
Add Stimulus Remove Stimulus
Negative Reinforcement
Positive Reinforcement
A stimulus is removed to
More increase a desired behaviour
A stimulus is added to increase a
(e.g., my parents take away my
desired behaviour (e.g., a candy)
Likelihood behaviour will repeat electronic device at the dinner
– I am more likely to do this
table so that I eat my dinner) – I
behaviour again.
am more likely to do this
behaviour again.
Negative Punishment
Positive Punishment
A stimulus is removed to
A stimulus is added to decrease
Less decrease an undesired behaviour
an undesired behaviour (e.g.,
(e.g., losing electronic privileges)
spanking) – I am less likely to do
– I am less likely to do this
this behaviour again.
behaviour again.
Criminal behaviour is more likely to re-occur when crime leads to a positive outcome (e.g., cash,
drugs) or removes a current negative stimulus (e.g., the stress of not being able to feed your
family). Punishment is meant to reduce criminal behaviour by administering a negative stimulus
(e.g., incarceration in an unpleasant space) or removing a positive stimulus (e.g., loss of access
to friends and family).
In real life, perfectly consistent reinforcement and punishment is rarely achievable. Intermittent
conditioning occurs when the same behaviour has unpredictable results. For example, the

behaviour “attempt to rob a corner store” will be repeated many times if experience tells
the individual there is a higher chance of a reward than a punishment and that most of the
time there is a neutral outcome. Intermittently reinforced behaviour, meaning behaviour that
is sometimes but not always rewarded, is the most difficult kind of behaviour to extinguish
(Skinner, 1963).
The cognitive aspect of cognitive-behavioural psychology examines how reinforcement and

punishment turn into thoughts, beliefs, and attitudes that maintain and justify behaviour. Our
thoughts are impacted by witnessing what happens to others as well as our own experiences.
If antisocial/criminal behaviour provides reliable or intermittent rewards and/or relief, a

person can develop rationalised antisocial attitudes. Bonta and Andrews (2017) summarise key
links between antisocial attitudes and antisocial behaviour. First, offenders rationalise their
actions using techniques of neutralisation, which involve minimising the consequences of their
actions, denying responsibility for their actions, disparaging or blaming the victim, or claiming
their actions were justified (Sykes & Matza, 1957; Ward, 2000). Antisocial attitudes are more
likely to be acted upon when individuals are surrounded by others with similar perspectives and
with whom they identify. In other words, associating with others that have similar antisocial
attitudes makes acting on these attitudes more likely. Finally, there is a rejection of convention.
Conventions are the typical values of a particular society, such as valuing work, education, and
legal institutions (e.g., the police and the courts).
Many of the principles of cognitive-behavioural psychology have been established through

WEIRD research—exclusively drawing research participants from university students from
Western, Educated, Industrialised, Rich and Democratic societies (Henrich et al., 2010). As
a result, it remains to be seen if findings can be generalised to the wider population and
across cultures. Similarly, in Canadian psychological criminology studies, participants are often
White offenders , raising doubts about findings’ applicability to female offenders, Indigenous
offenders, and other diverse groups (Hart, 2016).
Both individual and cognitive-behavioural approaches assume that pro-social, conventional

behaviour is the preferred and rational path forward for people, leading to a successful and law-
abiding life. Theorists assign personality traits and values such as adaptive or maladaptive and
rational or irrational. The assumption that behaviour that upholds the status quo is adaptive and
rational ignores findings indicating that the behaviour of individuals from marginalised groups
has significantly different positive and negative conditioning than groups that have easier
access to wealth, education, and opportunity. For individuals who have experienced surveillance
by police, are threatened and powerless during police encounters, and are significantly more
likely to be arrested and prosecuted for minor crimes, negative perceptions of police and
the justice system may make the rejection of convention a rational decision (Nordberg et al.,
2018). One must keep this in mind when analysing statistics showing the overrepresentation
of Indigenous peoples in our criminal justice system. As Proulx (2014) highlights, Indigenous
peoples in Canada have a long history of experiencing increased surveillance, including status
cards and the reserve system. Read Watchdog reported on RCMP surveillance of Indigenous-led
7.2 Cognitive & Cognitive-Behavioural Theories of Criminal Behavior | 195

1
action in 2017. Mounties never responded for a recent example of increased police surveillance
of Indigenous-led activism.
1. Scna the QR code to access https://globalnews.ca/news/7161956/rcmp-crcc-spying-indigenous/

7.3 Cognitive-Behavioural Psychology in
Law Enforcement
Those who investigate and enforce the law are as human as those who offend and are just as
susceptible to beliefs and attitudes that misrepresent objective reality. Heuristics are mental
shortcuts that allow us to filter and process the massive amount of information we are faced
with on a daily basis. Heuristics are necessary to allow humans to make decisions, but they can
be affected by cognitive bias (Beck, 1963; Beck, 1995).
Confirmation bias is the tendency to over-value evidence that confirms our beliefs over
evidence that counters our beliefs. For example, police will more often encounter marginalised
individuals as criminals. They may form a belief that Indigenous or BIPOC individuals are more
likely to be criminals than white individuals. This affects their behaviour going forward, as when
they encounter non-white individuals, they seek evidence confirming this individual is engaged
in criminal behaviour. Racial profiling is the inevitable result of confirmation bias, in which
people of colour are more likely to be stopped by police in Canada than white people (Charman
et al., 2017).
In-group bias is the tendency to trust peers and colleagues more than those outside your in-
group. Police form a very strong “in-group,” as they are mutually dependent on one another for
safety and support. In-group bias plays a role in identifying and managing inappropriate police
behaviour, as complainants are less likely to be believed than police officers (Smith & Alpert,
2007).
The cognitive bias of criminal justice officials has been documented in the literature (see
Meterko & Cooper, 2022) and influences how our society defines, investigates, and prosecutes
criminal behaviour. These biases also influence the way police and prosecutors deal with the
intersection of mental illness and criminal and criminalised behaviour.
7.3 Cognitive-Behavioural Psychology in Law Enforcement | 197

7.4 Medical Model of Psychopathology
and Criminal Behaviour
Although mental illness would seem to fall solidly in the camp of individual psychology, the
interface between mental illness and criminality is as much socially determined as it is
individually determined.
Theories that draw a straight line between individual mental illness and criminal behaviour
rely on the medical model of mental illness, with its focus on abnormal psychology. In the
early 1900s, doctors and psychiatrists began seeking ways to classify recurring patterns of
thought and behaviour that significantly reduce an individual’s ability to function in an attempt
to diagnose and treat “mental illness” utilising an approach similar to that used to deal with
physical disease.
Today, the Diagnostic and Statistical Manual of Mental Disorders (DSM–5; American Psychiatric
Association, 2013) is used in North America to diagnose mental disorders. The DSM-5 describes
mental disorders, their symptoms, and the criteria for diagnosing them. The DSM-5 seeks to
ensure clinicians are consistent in their communication about disorders and diagnostic criteria
and researchers are consistent in how they define disorders so that they can meaningfully
add to the body of scientific knowledge. As most research that informs the DSM has involved
predominantly white Americans, it is acknowledged that there is limited evidence of the cross-
cultural validity of the DSM. To the extent that mental illness leads to behaviours that violate
the norms and standards of a particular society, people with mental illness would be expected
to have a higher rate of contact with the criminal justice system.
Indeed, in Canada as elsewhere, people with mental illness are over-represented in the criminal
justice system. In 2011–2012, 36% of federal offenders were identified at admission as requiring
psychiatric or psychological follow-up, while 45% of male inmates and 69% of female inmates
received institutional mental health care services (Sapers & Zinger, 2012). Olley et al. (2009)
found up to three times higher rates of mental illness in incarcerated populations.
The over-representation of people with mental illness in the corrections system appears to be
increasing over time. Between 1997 and 2010, symptoms of serious mental illness reported by
federal offenders at admission increased by 61% for males and 71% for females (Sorenson, 2010).
During this time frame, psychiatric institutions were being shut down in favour of community-
based mental health care. Unfortunately, community mental health did not receive adequate
funding, leading individuals with disruptive symptoms and untreated mental illness to come
to the attention of police. Sapers (CTV News, 2010) stated that the mentally ill are being
‘warehoused’ in federal prisons instead of receiving the health care they need; prisons simply do
not have the capacity to meet the complex mental health needs of inmates.

When mental illness and addiction are treated as health issues instead of criminal justice issues,
we see hopeful results (Hammond, 2007). In Canada, collaborative partnerships between the
criminal justice system and healthcare system are associated with better outcomes for youth.
Cuellar et al. (2006) found that offending youth with mental illness who accessed diversion
programs that offered treatment fared better than those who faced punishment. Lamberti
(2016) also advocates for mental health collaboration with the criminal justice system so that
treatment, not punishment, is the focus.
Although social factors such as underfunded mental health systems, poverty,

deinstitutionalisation and a lack of access to treatment play a part in the over-representation
of people with mental illness in the criminal justice system, some mental illnesses include
criminal behaviour as part of their diagnostic criteria, including antisocial personality disorder,
psychopathy, psychosis, and substance abuse disorders.
Antisocial personality disorder
Antisocial personality disorder (ASPD) is one of a class of diagnoses that describe persistent,
longstanding, maladaptive ways of thinking and feeling about oneself and others that
detrimentally affect how one functions. ASPD is the personality disorder most strongly linked
with violence; it is defined by a continual remorseless disregard for the rights of others,
including repeated criminal acts, impulsiveness, irresponsibility, deceptiveness, and aggression.
To be diagnosed with this disorder, the person must have exhibited aspects of antisocial
behaviour prior to age 15, such as aggression toward people or animals, theft, or property
destruction (American Psychiatric Association, 2013). Only adults over the age of 18 can be
diagnosed with personality disorders under DSM-5 criteria; however, personality disorders are
commonly attached to youth in order to secure treatment.
Psychopathy
Although psychopathy is not recognised in the DSM-5, it is associated with, but distinct from,
conceptualisations of ASPD. Psychopathy is characterised by two main factors: 1) interpersonal
and emotional traits, such as manipulation, grandiosity and impaired empathy, and 2) antisocial
behaviour and lifestyle traits, such as impulsive behaviour, sensation seeking and a parasitic
lifestyle. Psychopathy is defined by subjective emotional and interpersonal criteria that are not
part of ASPD, and because the DSM emphasises observable, objective behavioural criteria, not
part of the DSM. The Psychopathy Checklist – Revised, developed by Hare (1991) is the most
commonly used measure for psychopathy (Hare, 2016).
The twenty traits assessed by the PCL-R score are:
7.4 Medical Model of Psychopathology and Criminal Behaviour | 199

• glib and superficial charm
• grandiose (exaggeratedly high) estimation of self
• need for stimulation
• pathological lying
• cunning and manipulativeness
• lack of remorse or guilt
• shallow affect (superficial emotional responsiveness)
• callousness and lack of empathy
• parasitic lifestyle
• poor behavioural controls
• sexual promiscuity
• early behaviour problems
• lack of realistic long-term goals
• impulsivity
• irresponsibility
• failure to accept responsibility for own actions
• many short-term marital relationships
• juvenile delinquency
• revocation of conditional release
• criminal versatility (Hare, 2016).
Research generally indicates that psychopathy, particularly the theorised sub-type called
primary psychopathy, involves brain-based differences that impact emotional and cognitive
functioning (Blair et al., 2008; Kiehl, 2006; Koenigs, 2012; Patrick, 2018; Yang & Raine, 2009).
Two models are the current top explanations for this impaired emotional functioning (Smith
& Lilienfeld, 2015): 1) the low fear model, which states that emotional deficits result from an
impaired recognition/experience of fear (Lykken, 1957, 1995), leading to increased sensation
seeking and an inability to be deterred by fear of punishment and 2) the response modulation
hypothesis, which describes an individual’s impaired ability to modify their behaviour once
they have focused their attention, even though the situation might warrant a behaviour change
(Newman et al., 1987).
Psychopathy is associated with high reoffending rates (Shepherd et al., 2018; Thomson et
al., 2018) and treatment resistance (Olver et al., 2011). For these reasons, psychopathy has
been an important consideration for decision-making in the justice system, with a diagnosis
of psychopathy leading to dangerous offender classifications and indefinite sentencing. In
recent years, though, there have been concerns about how psychopathy has been defined and
utilised in the justice system (Skeem et al., 2011), leading to alternative conceptualisations of

1
psychopathy (Lilienfeld & Widows, 2005). What is Psychopathy addresses what psychopathy is
and differentiates between psychopathy and ASPD, as evidenced in the research.
How psychopathy has been defined and utilised in the justice system, and the reliance on
psychopathy scores in risk assessment instruments, is particularly relevant and concerning
when examining their use with Indigenous offenders. As Hassan (2010) demonstrates in her
analysis of psychiatric assessments administered on Indigenous versus non-Indigenous long-
term offenders (LTOs) in British Columbia in the first 10 years of the use of this designation
in Canada, twice as many LTOs categorised in the high psychopathic range were Indigenous
compared to their non-Indigenous counterparts (46% vs 23%, respectively). Moreover, while the
percentage of LTOs categorised in the intermediate category was approximately the same in
these two groups (46% of the Indigenous LTOs vs 43% of LTOs not identified as Indigenous),
only one (9%) of the Indigenous LTOs assessed using the PCL-R was categorised in the non-
psychopathic range, as compared to 10 (33%) of the LTOs not identified as Indigenous. Hassan
(2010) also found that amongst those LTOs whose files were included in her analysis, a
disproportionately high number of Indigenous LTOs were deemed untreatable compared to
their non-Indigenous counterparts.
The clear overrepresentation of Indigenous LTOs in the high psychopathic range and in the
untreatable category calls into question the objectivity and neutrality of the tests used to
assess this population. The reduction of human behaviour to a quantifiable score results in an
undeniable loss of personal information and blatantly disregards the impacts of colonisation and
genocide experienced by Indigenous populations across Canada and beyond.
Psychosis
Psychosis is a condition that impacts how your brain processes information and is present in
some severe mental illnesses, including schizophrenia and mood disorders such as depression
and bipolar disorder. The vast majority of individuals experiencing breaks from the shared
reality of the general population do not engage in aggressive or criminal behaviour; in fact,
people with mental disorders are more likely to be victims of violence than perpetrators
(Elbogen & Johnson, 2009). Psychosis can generate specific hallucinations, such as hearing
voices or seeing things that do not exist, and delusions, where a person experiences strongly
held but false beliefs that may include paranoid ideas about being persecuted (American
1. Scan the QR code to access https://www.youtube.com/watch?v=Dhk7hZ0NAlM

Psychiatric Association, 2013). In rare cases, the nature of the hallucination or delusion can lead
to inappropriate “self-defence” or other criminal behaviour that would be understandable in
light of the beliefs held during a psychotic break (Chan & Shehtman, 2019; McNiel et al., 2000).
The Canadian justice system requires that individuals can only be punished for their crimes
when they have mens rea: they must know what they are doing and know that it is wrong (see
chapter 1.2 Crime in Canada). People who have mental disorders, particularly while in psychotic
states, may lack this awareness and therefore be found Not Criminally Responsible on Account
of Mental Disorder (NCRMD), as defined in Section 16 of the Criminal Code of Canada (RSC 1985,
c C-46). Importantly, if someone knew an action was against the law but believed they were
morally doing the right thing, the NCRMD defence can still apply (R v Chaulk, 1990).
Although some psychosis can lead to violent behaviour, far more often, people with active
mental illnesses are charged with minor offenses that begin a long cycle of involvement with
criminal justice systems. A major depressive episode with catatonic features in a homeless
person looks very much like loitering in the eyes of police. One study found that 40% of police
encounters with people with mental illness involve non-violent crime, and another 40% involve
non-criminal mental health crises, bizarre behaviours, and/or criminal victimisations. Only two
in 10 police interactions with people with mental illness involved any type of violent crime (Brink
et al., 2011).
Substance Abuse Disorders
Substance abuse disorders are characterised by difficulties reducing substance use, causing
problems in one’s personal and work life (American Psychiatric Association, 2013). Because many
substances are in themselves illegal to possess and use, the defining behaviour of substance
abuse is criminalised if the addictive substance is restricted.
Aside from the inherent criminal behaviour of using a prohibited substance, the tripartite
conceptual model (Goldstein, 1985) outlines three main ways that substance use is connected to
violent criminal behaviour (see Table 7.8).
Table 7.8: Tripartite Conceptual Model of the Drug/Violence Nexus

(Goldstein, 1985)
Crime related to the drug trade, including selling drugs and the
Systemic crime
violence associated with that.
Result from people engaging in money-making crime to support

Economically compulsive crimes
their substance use.
Psychopharmacologically-driven The substance itself produces an effect on the brain and behaviour,
crime resulting in crime or violence.
Legal codes that criminalise addiction set the stage for systemic and economically compulsive
crimes. If access to drugs that people are addicted to is against the law, unlawful organisations
that provide drugs to people with addictions become highly profitable and are maintained

through violence if necessary. If people addicted to drugs are less likely to have the ability to
support themselves through legal means, they will be more likely to commit crimes to meet
their needs. Countries such as Portugal have been decriminalising drugs in favour of on-demand
treatment, resulting in reductions in drug use and related crimes. See How Portugal Won Its
2
War On Drugs for a summary of Portugal’s approach.
2. Scan the QR code to access https://www.youtube.com/watch?v=vMh6zhBwX58

7.5 Trauma-Informed Neurobiology and
Criminal Behaviour
The impact of trauma on brain functioning and behaviour has been a growing area of study
over the past few decades. While the medical model of mental illness focuses on symptoms
and diagnostic criteria to define abnormal psychologies, trauma-informed theories look to a
person’s life experiences to understand the context in which behaviours occur.
Adverse Childhood Experiences (ACE)
The landmark research of Vincent Felitti and Robert Anda (Felitti et al., 1998) examined the
relationship of childhood abuse and household dysfunction to many of the leading causes of
death in adults. Their findings revealed strong connections between childhood trauma (adverse
childhood experiences or ACEs) and health risk behaviours, such as smoking and overeating,
and physical illness and disease later in life, most likely due to neurobiological changes caused
1
by chronically activated stress response systems. For a primer on ACEs see ACES Primer HD.
ACEs have been related to many criminogenic risks. In fact, research indicates that rates
of both criminal justice involvement and victimisation are generally higher among homeless
participants who had experienced any type of ACE (Edalati et al., 2017). While it is true that toxic
stress may impact healthy development at any stage in our lives, we know that the brain has a
few critical periods for growth and development, including neural pruning, that are specific to
childhood. When a child’s brain is growing and developing, it is vulnerable to toxic stress, which
has the potential to affect the very architecture of the brain itself, as well as the neurochemicals
that travel between the various brain structures. For more on the impacts of toxic stress see
2
Toxic Stress.
1. Scan the QR code to access https://www.youtube.com/watch?v=ccKFkcf Xx-c
2. Scan the QR code to access https://developingchild.harvard.edu/science/key-concepts/toxic-stress/

When a brain is exposed to extreme adversity or toxic stress, the amygdala gets inflamed and
becomes enlarged over time. The hippocampus (responsible for visual spatial processing and
memory consolidation) can lose volume and shrink. The neurochemistry that travels between
these brain structures and the prefrontal cortex can also become impaired/weakened with
trauma . In the end, the individual experiences poor impulse control, challenges with
deciphering when real danger is truly present, and a quickly activated fight/flight stress
response system. For more on the crucial connection between the amygdala and prefrontal
3
cortex see The Raising of America documentary on the science of early childhood, working
parents and public policy.
This neurobiology has an adaptive function: our neurobiological stress response incites our
sympathetic nervous system to respond to our environment when there is imminent danger
and engage in a way that helps us survive. For example, in 2019, a Vancouver Island mother
intervened when a cougar attacked her seven-year-old son. When the sympathetic nervous
system is activated, the stress hormones epinephrine and cortisol are released. Blood pressure
and the heart rate increase, which enabled this mother’s heart to function at optimal efficiency
while moving oxygen and blood to her muscles for increased strength, dilating her pupils to
enhance her distance vision (she was able to see her son in the distance at the back of their
yard), dilating her bronchi (allowing more air into her lungs), increasing blood flow to her
skeletal muscles (allowing this mom to temporarily have “superhuman” strength) and sending
blood sugars surging through her system (giving this mom extra energy and stamina). This
sympathetic nervous system response is a highly important survival mechanism built into our
brain and body that allows us to, for example, challenge and defend against a cougar attack on
4
our child. For more on this story see ‘Hero’ mom punches mountain lion to save her son.
A mechanism that is highly valuable in an emergency like this is not as useful in day-to-day
life, however. When the sympathetic nervous system is chronically triggered, especially during
early brain development, the threshold for flight-or-fight can be lowered, triggering behaviour
that is impulsive, risky, combative, and sometimes illegal, in contexts where urgent action is not
justified. For example, a young person who grew up in a home witnessing domestic violence and
3. Scan the QR code to access https://www.raisingofamerica.org/?404;https://www.raisingofamerica.org:443/

amygdala-prefrontal-cortex-connection-crucial
4. Scan the QR code to access https://globalnews.ca/news/8151626/mom-fights-mountain-lion-son-punch/
7.5 Trauma-Informed Neurobiology and Criminal Behaviour | 205

experiencing physical abuse may have a hyper-aroused sympathetic nervous system that incites
them to defend themselves with aggression with little pre-contemplation or control before
acting. A child who did not have their physical needs met as a child may not think twice before
stealing food or other necessities for daily survival. This demonstrates the need for trauma-
informed approaches across all systems of care to possibly prevent criminal behaviour in youth
as well as develop a rehabilitative approach for those who have broken the law.
Trauma-Informed Models of Addiction
The trauma-informed model of addiction acknowledges a physiological, brain-based

vulnerability to addiction that is influenced by genetics but also heavily impacted by supports
and positive or negative experiences/influences in one’s life. The neurobiological impact of
trauma paired with the psychopharmacological effects of substance use can have a combined
effect on impulsivity, anger, and other behaviours and emotional states associated with crime.
The self-medication model hypothesises that substance use can help people cope with the
experiences of trauma (Hawn et al., 2020). Post-traumatic stress disorder (PTSD) is caused by
traumatic life events, resulting in persistent re-experiencing of the event; avoidance of feelings,
thoughts, conversations or places associated with the trauma; adverse alterations in cognition
and mood; and hyper-arousal (American Psychiatric Association, 2013). PTSD is associated with
substance use, with PTSD often predating alcohol misuse and alcohol use to cope with negative
emotions (Hawn et al., 2020; McCauley et al., 2012).
A trauma-informed approach considers early attachment relationships as a primary survival

need in human beings. Humans have longer attachment relationships than any other animal,
and attachment is not a negotiable need. Gabor Maté (2008) identifies authenticity as another
legitimate survival need. In younger years, attachment needs take priority over authenticity. If
authenticity challenges our attachment needs in early development, we suppress our
authenticity to stay attached. Early childhood abuse and trauma, especially from caregivers,
causes children to suppress their authenticity in order to prioritise survival/attachment. This
disconnect can create an environment where toxic stress has the potential to impact one’s brain
development, neurochemistry, and behaviours. Endorphins, which are naturally produced by
the brain when one is calm and happy, facilitate attachment. Drugs classified as opiates mimic
this pleasurable feeling in the brain—some opiate users describe a sense of euphoria, affection,
and connection, creating an artificial sense of attachment. When an individual experiences
stress or trauma, the natural endorphin receptors do not develop normally, potentially allowing
for a vulnerability to opiate addiction.
Research has demonstrated the connection between exposure to traumatic events, impaired
neurodevelopmental and immune systems and subsequent health risk behaviours resulting in
serious physical or behavioural health issues (Felitti et al., 1998; Anda et al., 2008; Shonkoff

et al., 2012). Unaddressed trauma significantly increases the risk of mental and substance use
disorders and chronic physical diseases (Dube et al., 2003).
7.5 Trauma-Informed Neurobiology and Criminal Behaviour | 207

7.6 Evolutionary Psychology
If individual, cognitive, medical, and trauma-informed theories look to the current state of
humans to explain criminal behaviour, evolutionary psychology looks for explanations in the
human genome and the influence of our ancient ancestry. The key question of evolutionary
psychology as it relates to crime is: How did antisocial and violent behaviour confer a survival
advantage to our ancestors? Evolutionary psychology posits that the ultimate function of all
biological organisms is to increase their reproductive success. Thus, traits and psychological
mechanisms that improve survival and reproductive success will be increasingly prevalent
in each generation (Buss, 2016; Wright, 2010). Unlike cognitive-behavioural psychology, which
looks at how criminal behaviour is rewarded or deterred in the present, evolutionary psychology
looks at unconscious psychological mechanisms that would have been adaptive in the
environment in which they evolved, specifically the ancestral environment of the African
savanna during the Pleistocene epoch (2.6 million to 11,700 years ago).
Male sexual jealousy is an example of a psychological mechanism that would have led to
greater reproductive success in the ancestral environment but leads to criminal behaviour in
many modern societies. Evolutionary psychologists theorise that in early humanity, males who
demonstrated sexual jealousy would be more likely to ensure their resources went towards
raising their own biological children, making it more likely that the genes of sexually jealous men
would move forward through generations (Buss, 1988, 2006).
Social mores change much more rapidly than genomes. Today, vastly increased reproductive
control (e.g., condoms and the birth control pill) and access to divorce mean that sexual
infidelity is less likely to lead to men raising other men’s genetic legacies. What might have been
adaptive in the Pleistocene epoch might not work today. Evolutionary psychology may explain
why extreme forms of male sexual jealousy, such as mate guarding, persist even though they are
now associated with felonies such as stalking and domestic violence.
Kanazawa (2008) believes that the norms against crime might have developed in reaction to
evolutionary psychological mechanisms that incline men to commit crime. Comparing primate
behaviour to human behaviour classified as crime among humans shows that primates often
engage in theft, rape, and violence to further their access to reproduction (de Waal, 1989, 1992).
Evolution-driven psychological mechanisms may explain why, worldwide, men commit more
than 90% of all crimes (Kanazawa & Still, 2000). It may also explain the universal age-crime
curve across history, society, social group, race and sex, in which criminal behaviour aligns with
the emergence of sexual maturity: it increases in early adolescence, peaks in late adolescence
and early adulthood, rapidly decreases throughout the 20s and 30s, and levels off during middle
age (Hirschi & Gottfredson, 1983).

Critics of evolutionary psychology cite the difficulty of generating testable hypotheses about
what human behaviour might have been like several million years ago (Lloyd, 1999).
7.6 Evolutionary Psychology | 209

7.7 Cultural Psychology
Cultural psychology looks at how individual behaviour is constructed by society. It examines

flaws in society to better understand criminal behaviour through the lens of culture and
cultural processes. Culture is not just one’s nation or ethnicity. Cultures organise around
concepts like “masculinity” and “organised crime,” asserting their own ways of understanding
social interaction and setting behavioural norms (Staub, 1988; Westen, 1985). Crime is socially
determined by our collective beliefs, many of which are cultural.
Subcultures can create norms that contradict those of the society they live in, allowing complex
and ongoing crime to be maintained over generations. Societies with inequitable access to
resources needed for survival and inequitable experiences of trauma and criminalised behaviour
are more likely to allow the emergence of deviant subcultures that have problems with crime
than more equitable societies.
Culture also impacts how a society responds to crime. A “theistic” culture considers crime a
violation of laws set by God, while a “law and order” culture considers crime a violation of law
as mutually agreed upon by members of a nation. In both these types of cultures, the correct
response to crime is removal of the lawbreaker from society, which functions to punish the
behaviour, provide an example to others to discourage lawbreaking, and keep the general public
safe from the lawbreaker. An alternative to both these framings is much more restorative in
nature and appears in many Indigenous cultures: criminal behaviour is considered a breakdown
of community relationships, and the solution is to repair relationships with neighbours and the
community, not impose exile through excommunication or incarceration.
As highlighted by cultural psychologists, poverty is a societal condition that increases

vulnerability to criminality. Neighbourhoods with higher rates of poverty have higher rates
of crime, and people living in poverty are far more likely to be victims of crime than those
above the poverty line. The impacts of adversity, including the trauma of growing up in a
home that struggled to make ends meet in a disadvantaged community, increase the likelihood
of experiencing a number of different health and social impacts, including a higher chance
of encounters with the criminal justice system. In fact, low-income Canadians significantly
outnumber wealthier Canadians in the criminal justice system. They are more “at-risk” of
participating in crime because of the social and economic challenges they face. They are also
more likely to face significant barriers in accessing legal defence if they become involved in
criminal justice processes.
Moreover, low-income individuals are more likely to be detained when they are arrested
(especially if homeless), to be denied bail, to plead guilty and to be convicted. They also have
fewer social and economic resources to support reintegration after incarceration. It takes most
court cases between three months and a year to get to trial in Canada, creating an incentive

to plead guilty and accept parole and a criminal record to get out of prison or to avoid a loss
of child custody, jobs, or housing. When those who have been incarcerated are released from
prison, low-income people add jail time to a history that is already more likely to reveal lower
levels of education, inconsistent employment, and mental health and addictions issues. It can
be incredibly difficult to attain any kind of employment with a criminal record. If you are lucky
enough to find an employer who accepts that you have a criminal record, finding a landlord who
will rent to you is another major hurdle.
These challenges result in higher levels of recidivism and a potential “revolving door” in and out
of jail. One pilot project conducted in three predominantly Indigenous communities in north
Saskatchewan revealed that a friendly supervision policing model may help in addressing this
revolving door phenomenon (Akca & Jewell, 2022). The Northeast Youth Violence Reduction
Partnership model examined in this study was based on maintaining a positive relationship
between police and Indigenous youth rather than an adversarial one and focused on providing
support, supervision, and rehabilitation as well as strengths-based, individualised interventions.
The goal was to reduce the level of contact with police and instead to direct the youth to
treatment options to address mental health and cognitive needs as well as prosocial activities
and networks, including cultural activities. The findings reveal at least a short-term reduction
in the frequency as well as severity of crime and speak to the potential of developing culturally
responsive and effective policing methods within Indigenous communities (Akca & Jewell, 2022).
The alternative to diversion or rehabilitative approaches is the “get tough” approach regarding
punishment in order to deter people from committing crime. Cook & Roesch (2012) asserted
that “tough on crime” policies are not supported by research; early intervention, prevention,
and rehabilitation are more effective in reducing crime in the long term. Since most people
incarcerated in Canadian prisons will be released, rehabilitation to ensure successful
reintegration into society is a key part of the justice system. However, many rehabilitation
programs fail, often due to the use of a “one-size-fits-all approach,” which is less expensive than
developing programs specifically designed to target the underlying causes of individual criminal
behaviour (Cullen, 2017).
The Canadian criminal justice system does not necessarily target those most likely to commit
heinous acts of violence and harm but instead targets some of the most vulnerable and
traumatised people in our society—our Indigenous, our mentally ill, and our youth. Cook &
Roesch (2012) label this as the “human cost” in a punitive justice system. Public institutions
and service systems intended to provide services and support to individual offenders are
often themselves traumatising. Harsh practices such as seclusion, restraints, isolation, and
intimidation in the criminal justice system can be re-traumatising for individuals who enter
these systems with significant histories of trauma. These policies and practices are not trauma-
informed and can often make individual health and behaviours worse, not better.
In 2020, the Government of Canada’s correctional investigator, Dr. Ivan Zinger, reported that
while only 5% of Canada’s general population is Indigenous, the number of federal sentences
for Indigenous peoples has been steadily increasing, and custody rates in particular have
accelerated. Although the overall prison population rate is stable, Indigenous inmates now make
7.7 Cultural Psychology | 211

up a larger proportion. From 2010 to 2020, the Indigenous inmate population increased by
43.4% (or 1,265), whereas the non-Indigenous incarcerated population declined by 13.7% (or
1,549). The rising numbers of Indigenous peoples behind bars offsets declines in other groups,
giving the impression that the system is operating at a steady state (Office of the Correctional
Investigator, 2020). Dr. Zinger raised the concern that surpassing a 30% Indigenous inmate
population clearly indicates a deepening and entrenched ‘Indigenisation’ of Canada’s
correctional system. The numbers are even more troubling for Indigenous women, who now
account for 42% of the female inmate population in Canada.
The plight of youth in conflict with the law is also concerning. A disproportionate number
of youth interface with our criminal justice system. Youth make up 7% of our population but
represent 13% of Canadians accused of crime. There is also considerable evidence that our
criminal justice system applies its sentencing with racial discrimination: minority youth are
more likely to be moved up to adult court than white youth (Males & Macallair, 2000).
As previously discussed, it is also highly debatable whether youth behaviour should be

considered as “criminal” while a young person’s brain is still growing and developing and they
may lack the impulse control and social/moral development needed to establish mens rea, a
legal term referring to the capacity of an alleged offender to know what they are doing and
that it is wrong. Given the plethora of research in the area of early adversity/childhood trauma
and its relationship with risk behaviours and criminality, there is an urgent need for primary
prevention and early intervention, including a decriminalising approach to ‘criminal behaviours’
for youth and young adults whose brains are still developing.
Heide and Solomon (2006) point out that “the criminal justice system is based on the foundation
of a rational man who makes conscious decisions before acting” (p. 230) and suggest that
the range of choices supposedly available to human beings may be compromised in certain
situations for individuals who have sustained severe trauma and have been significantly affected
by it. These individuals who have experienced adverse childhood experiences may find their
range of choices compromised, especially if they have experienced co-occurring ACEs.
Seiler (2017) explored various elements of Canadian youth diversion programs, defined as “a
program that works to hold youth accountable for their criminal actions and behaviours while
diverting them away from the judicial system and reducing recidivism” (p.16). Seiler found that
youth diversion programs were successful in reducing recidivism rates among youth when they
ensured the following components: collaboration with community/stakeholders, mentoring,
personal accountability and responsibility on the part of the youth, and police investment in the
program.
If we look at the origins and current state of our Canadian criminal justice system, we can see
little involvement of victims and offenders, which is a system that does not seem to work well
at reducing crime. The restorative justice movement is gaining significant attention, especially
when it comes to young offenders (see chapter 17. Restorative, Transformative Justice).
Restorative justice attempts to repair the harm caused by a criminal act: it is inclusive of both
offender and victim and sees criminal behaviour through the lens of violating human beings and
relationships with others. It offers victims a voice to name and address the impacts of criminal

behaviour on themselves personally and encourages offenders to take personal accountability
and responsibility for their actions.
Cullen (2017) addresses the need for public ceremonies or recognition of rehabilitation.
Conviction and incarceration are often highly public acts involving media attention, whereas
one’s rehabilitation is often a completely private process, including receiving a pardon. Cullen
(2017) argues that public honouring or credentialing of rehabilitative efforts, even many years
later, could go a long way in motivating rehabilitation and could potentially offset the negative
impacts of having a criminal record.
In November 2020, Canada added support to restorative justice projects, especially in

Indigenous programming. Minister of Justice David Lametti used Restorative Justice Week in
June 2021 to announce that “restorative justice is based on respect, compassion and inclusivity.
By providing a proactive alternative to incarceration in appropriate circumstances, it is about
bringing opportunities for healing, reparation and reintegration. This week, in recognition of
Restorative Justice Week, I am especially proud that our Government continues to encourage
the use of restorative justice, and through this funding, supports various organizations
rehabilitating Canadians who are in conflict with the law” (Department of Justice Canada, 2021).
Canada also has the National Crime Prevention Strategy, which provides national leadership
on cost-effective ways to prevent and reduce crime among at-risk populations and vulnerable
communities by intervening to mitigate the underlying factors that put individuals at risk of
offending.
Overall, then, it appears there is political and social will to work in culturally sensitive and
restorative ways with offenders, allowing for collaboration with cultural representatives in
order to develop a more responsive treatment process (Bonta & Andrews, 2007). If we are
able to support and rehabilitate individuals while capitalising on the degree and potential for
change—behaviourally, neurobiologically, and psychologically—there is the greatest capacity
for change. This approach lends itself to upstream work, early identification and preventative
support, in addition to having systems of care in place for those who are acutely ill and in crisis.
7.7 Cultural Psychology | 213

7.8 Integrative Models of Criminality
Theories under the umbrellas of individual psychology emphasise personality, cognitive

fallacies, psychopathology, and brain structure. Evolutionary psychology looks at ancient
survival pressures and their impact on the human genome. Cultural psychology looks at how
individual behaviour is constructed by society. Biopsychosocial criminology, on the other hand,
is a multidisciplinary perspective that views criminal behaviour by considering the interactions
between biological, psychological, and sociological factors. This section describes three models
that integrate theories from individual, evolutionary, and cultural approaches in their
application to criminal behaviour.
• Moffitt’s Developmental Taxonomy: explains the development of antisocial behaviour as

affected by biology, socialisation, and stages of development.
• General Aggression Model: explains the biological, personality, cognitive and social
learning factors influencing an aggressive act.
• Risk Needs Responsivity Model: provides a method for offender assessment and
treatment by examining the needs underlying criminal behaviour.
• Trauma-informed Systems of Care: combines the neurobiology of trauma with an analysis
of the trauma-inducing aspects of the criminal justice system.
Developmental Taxonomy
The developmental taxonomy (Moffit, 1993, 2018) describes two types of offenders
differentiated by their biology, parenting, personality, and socialisation: life-course-persistent
offenders and adolescent-limited offenders. Life-course-persistent offenders are rare and have
externalising behaviour from an early age continuing into adulthood. Neurological differences
causing impulsivity and reactivity are believed to underlie their behavioural problems. Without
intervention, difficulties with peers and school result, snowballing into later problems such as
early school leaving and criminal activity. Early social rejection from peers is a major risk factor
for later antisocial behaviour (Cowan & Cowan, 2004), and these individuals often eventually
associate together (Laird et al., 2009). The individuals following this life-course trajectory are
considered the smallest group of offenders, but they are responsible for a disproportionate
amount of crime (Piquero et al., 2012).
Conversely, adolescent-limited offenders engage in minor antisocial behaviour during a

developmentally normative stage in the teenage years but have an otherwise normal early
childhood. Adolescent-limited offenders determine the benefits of a criminal lifestyle are not
worth the risk, and they change in their early adulthood. According to the developmental

taxonomy, these individuals are capable of easily changing because they have well-developed
social and educational skills.
General Aggression Model
The general aggression model (GAM; DeWall et al., 2011) explains how various factors, including
biology, personality, cognition and social learning, work together to produce an aggressive
incident. The GAM is structured in terms of responses to a situation: there are inputs (aspects of
the person and situation) and outputs (results from decision-making that was either thoughtful
or impulsive). Impulsive actions are more likely to be violent than thoughtful actions. Once
violence is used by a person, the theory suggests that violence becomes a tactic more likely to
be used again in the future, forming a behavioural pattern. Whether violence happens or does
not happen in response to a situation depends on how the individual involved perceives and
interprets the social interaction, their expectations of various outcomes, and their beliefs about
the best ways to respond.
Figure 7.1: General Aggression Model
7.8 Integrative Models of Criminality | 215

Ferguson and Dyck (2012) outline some assumptions made in the GAM, including the
assumption that aggression is primarily learned. Ferguson and Dyck (2012) suggest that other
factors, such as environmental stress, play a more important role in instigating aggression.
In addition, they note that the GAM seems to explain hostile, reactive aggression without
adequately explaining aggression that is calculated, goal-directed and given forethought.
Risk Needs Responsivity Model
Two Canadian researchers, Don Andrews and James Bonta (2017), developed the risk needs
responsivity (RNR) model for the assessment and treatment of offenders after many decades
of researching the factors most related to criminal and violent behaviour. Their model
incorporates social learning, cognition, personality, and social factors. The RNR model has three
main parts. First is the “risk” principle, which involves assessing offenders on the eight risk
factors research indicates are most directly linked with criminal behaviour. The intensity of
treatment should match the level of risk, with individuals that score higher receiving more
rehabilitation efforts. Criminogenic risk factors are outlined in Table 7.9.
Table 7.9: Criminogenic Risk Factors

(Bonta & Andrews, 2017)
History of
criminal How early crime starts, frequency and variability of criminal behaviour
behaviour
Antisocial
personality Having traits such as impulsivity, sensation-seeking, hostility and callousness
pattern
Antisocial
Having friends that are involved in crime
associates
Antisocial Having cognitions that rationalize antisocial behaviour and/or disdain towards the
attitudes law and justice system
Substance
Misuse of alcohol and drugs
abuse:
Family/marital For youth offenders, parents provide little warmth or control. For adult offenders,
issues family/intimate relationships are unsupportive and/or with antisocial others
Leisure Few prosocial leisure activities
Work/
Poor performance and/or low satisfaction with work and/or school.
education
Second, the “need” principle states that treatment should focus on addressing the needs
associated with each risk factor found for the offender; factors the offender scores low on can
be set aside in favour of rehabilitation focused on reducing the risk factors they score high on.
Criminogenic needs are defined in response to eight risk factors; offenders scoring high on the
work/education risk factor would be enrolled in alternative education or job retraining, while

offenders scoring high in the antisocial attitudes risk factor would be referred to individual
and/or group therapy.
Third, the “responsivity” principle states that treatment should be provided in a way that
optimises the offender’s successful response to the treatment. Treatment should be evidence-
based but also implemented in a way that considers the individual’s learning style, motivation
needs and other characteristics that might impact treatment success.
The RNR approach has been criticised for being demotivating (Ward, 2002). Instead of RNR’s
focus on risks, what is wrong, and what needs fixing, the good lives model (Ward & Gannon,
2006) suggests that a positive approach that addresses a person’s strengths, priorities, and
ways to better their lives may be more effective. The good lives model assumes that all human
beings are motivated by the same “primary goods,” such as relatedness, agency and creativity.
Offenders are attempting to attain these primary goods using inappropriate means and require
new ways to obtain the primary goods they seek. The good lives model and RNR model focus on
individual assessment and rehabilitation based on criminogenic needs and offender motivation,
but the good lives model focuses on the offender’s goals instead of their deficits.
Models that rely on risk assessment use tools that have not been shown to be valid across
cultures. Recently, a Canadian Indigenous offender successfully challenged the use of risk
assessment tools in the Supreme Court of Canada, targeting the fairness and validity of making
decisions about Indigenous offenders’ risk based on these tools (Ewert v. Canada, 2018). The
failure to recognise biases in risk assessment adds to obstacles and overrepresentation already
faced by Indigenous offenders in Canada (Forth & Book, 2017; Hart, 2016; Perley-Robertson et
al., 2019; Wilson & Gutierrez, 2014). Rather than relying on risk factors that could unintentionally
criminalise characteristics common to disadvantaged areas, such as low educational
attainment, antisocial peers and criminal history, Indigenous leaders suggest strength-based
approaches rooted in culturally relevant social norms (Shepherd & Anthony, 2018).
Trauma-Informed Systems of Care
A trauma-informed approach draws on the interplay of neurobiology and adverse childhood

experiences to explain the development of criminal behaviour and offers approaches to law
enforcement, mental health treatment, and rehabilitation that seek to avoid re-traumatisation.
Existing systems of care inadvertently contribute to the creation of toxic environments that
interfere with mental health recovery and criminal rehabilitation. In the process, these systems
undermine the well-being of police and mental health workers so that their own experiences of
trauma on the job reduce their ability to effectively address criminal behaviour.
Staff who work within a trauma-informed environment are taught to recognise how
organisational practices may trigger painful memories and re-traumatise clients with trauma
histories. For example, they recognise that using restraints on a person who has been sexually
7.8 Integrative Models of Criminality | 217

abused or placing a child who has been neglected and abandoned in a seclusion room may be
re-traumatising and interfere with healing and recovery.
A trauma-informed approach reflects adherence to six key principles rather than a prescribed
set of practices or procedures. These principles, which are outlined in Table 7.10, may be
generalisable across multiple types of settings, though their terminology and application may
be setting- or sector-specific.
Table 7.10: Six principles of trauma-informed care

(Substance Abuse and Mental Health Services Administration, 2014)
Staff and the people they serve, whether children or adults, feel physically and
Safety
psychologically safe.
Trustworthiness Organizational operations and decisions are conducted with transparency with the
and goal of building and maintaining trust with clients and family members, among staff,
Transparency and others involved in the organization.
Peer support and mutual self-help are key vehicles for establishing safety and hope,
Peer Support building trust, enhancing collaboration, and utilizing personal stories and lived
experience to promote recovery and healing.
Importance is placed on leveling of power differences between staff and clients and
Collaboration among organizational staff, from clerical and housekeeping personnel to
and Mutuality professional staff to administrators, promoting meaningful sharing of power and
decision-making.
Throughout the organization and among the clients served, individuals’ strengths
Empowerment, and experiences are recognized and built upon. The organization fosters a belief in
Voice and the primacy of the people served, in resilience, and in the ability of individuals,
Choice organizations, and communities to heal and promote recovery from trauma. Staff
facilitate recovery instead of controlling recovery.
The organization actively moves past cultural stereotypes and biases (e.g., based on
race, ethnicity, sexual orientation, age, religion, gender- identity, geography, etc.);
Cultural,
offers access to gender responsive services; leverages the healing value of
Historical, and
traditional cultural connections; incorporates policies, protocols, and processes that
Gender Issues
are responsive to the racial, ethnic and cultural needs of individuals served; and
recognizes and addresses historical trauma.
Trauma-informed care recognises the impact of historic events on current-day practices. The
Truth and Reconciliation movement has brought new and needed attention to the multi-
generational effects of colonialism on the Indigenous peoples of Canada, which have led to
many devastating impacts including substance abuse and domestic violence (Monchalin, 2016).
Preliminary research indicates that incorporating culturally relevant programming for
Indigenous offenders leads to higher completion rates and more effective treatment outcomes,
including lower odds of recidivism (Gutierrez et al., 2018). Importantly, creating programs
that are culturally relevant requires consulting and collaborating with Indigenous peoples and
recognising the diversity and needs within their communities.

7.9 Conclusion
The field of psychological criminology is broad, encompassing a variety of approaches

examining individual differences in violent behaviour. Some of the main approaches include
cognitions, personality, disorders, parenting, and trauma. Integrative theories incorporate a
variety of theories.
Utilising psychological research for criminal justice requires addressing the limitations of our
research methods and analysing the appropriateness and applicability of these approaches for
diverse groups.
Findings support the need for early interventions to divert youth from pathways to criminality
and the adoption of trauma-informed practices to ensure criminal justice systems do not
inadvertently create lifelong and multi-generational criminality in vulnerable populations,
including Indigenous peoples.

1. How does toxic stress in childhood increase vulnerability to criminal behaviours? How
could this vulnerability be off-set or buffered?
2. What is required to ensure that risk assessment instruments such as the PCL-R and
treatment are fair and unbiased to Indigenous offenders?
3. Of all the theories in this chapter that discuss environmental influences on violent
behaviour, which ones do you consider the most influential? How might a more
biologically based factor like temperament interact with these environmental factors?

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8.1 Crime and Social Norms
DR. SEAN ASHLEY
The Canadian nation-state is diverse, so much so that some scholars use the term super-
diversity to describe the growing metropolitan areas of Vancouver and Toronto (Smith, 2018).
One of the earliest scholars to explore the connection between social diversity and criminal
justice systems was the French sociologist Émile Durkheim (1858–1917).
Durkheim was critical of the atavistic explanation proposed by the Italian criminologist Cesare
Lombroso and was suspicious of the idea that crime was the result of a stunted evolutionary
condition (Durkheim, 1893/2014). This proved to be a prescient critique, as eugenicists would
soon attempt to eliminate crime by attacking its biological foundation, an approach that led to
widespread sterilisation programs in Canada, with many Indigenous women being subjected to
such procedures (Stote, 2015).
Durkheim understood that crime was a normal part of society and not something that could
ever be eliminated completely. He asked us to:
Imagine a community of saints in an exemplary and perfect monastery. In it crime as such will
be unknown, but faults that appear venial to the ordinary person will arouse the same scandal
as does normal crime in ordinary consciences. If therefore that community has the power to
judge and punish, it will term such acts criminal and deal with them as such. (Durkheim, 1895/
1982, p. 100)
For Durkheim, it is society that determines what is criminal, not our biology or some universal
moral standard. While crime is normal, it is not desirable; it is normal because it establishes
the moral boundaries of a community. Morals might differ from society to society, but this
relativism does not mean that morality is not important. People need these rules; they need to
internalise the norms of the community in order to live a good life together.
Durkheim’s approach represents a consensus view of crime. The norms emerge out of a
communal consensus and, in more complex societies, are codified into law. These norms act
upon people as social facts in that they are external and constraining upon the individual, but
they are also internalised, giving us a collective conscience of how we ought to behave.
Durkheim’s sociology is much broader than the study of crime, but his work set the foundation
for the future of criminological theory (Boyd, 2015). His book Suicide is particularly important
and reflects well the Anishinaabe concept of dibenindizowin discussed earlier in that it
emphasises the importance of social relations as the source of well-being. Using statistics,
Durkheim (1897/2002) demonstrated that suicide rates differed across social groups and that
this pattern was relatively stable over time. Suicide rates were higher among industrial and
commercial professions than agricultural ones, higher among urban city dwellers than people
who lived in small towns, and higher among divorcees than married people. His macro-level
explanation for differences in suicide rates was the relative degree of social integration and
8.1 Crime and Social Norms | 231

social regulation. People who had weaker social bonds were more likely to take their own lives.
He called this state of deregulation and disorientation “anomie” (Durkheim, 1897/2002).
We can see this effect today in the increased use of drugs and alcohol in societies that have
undergone rapid transformations that disrupted the previous norms of social life. Take for
example the collapse of the USSR. As countries radically transformed from state socialism to
free-market capitalism, there was a sizeable increase in substance abuse, which became a major
factor in driving down life expectancy (McKee, 2002). A similar situation was seen in British
Columbia during the COVID-19 pandemic. As social life was disrupted and people became
socially isolated, the province saw a spike in opioid overdose deaths (Azpiri, 2020).
Within the context of the colonial state of Canada, Durkheim helps us understand the tragic
effects the residential school system has had on Indigenous communities. Beginning in 1834, the
Canadian government, in partnership with several Christian church organisations, instituted
a program of genocide with the aim of assimilating Indigenous persons into the European-
derived settler culture. Approximately 150,000 children were stolen from their homes and
placed in boarding schools where they were prohibited from speaking their language or
practising their traditions. Many of the children suffered physical and sexual abuse at the hands
of teachers and clergy. The last residential school closed in 1996, but as Tanya Talaga (2017)
points out, many young Indigenous boys and girls are still forced to attend schools far away
from their home communities. Her book Seven Fallen Feathers examines the death of seven of
these students in Thunder Bay, Ontario during the first decade of the 21st century.
First Nations suffer suicides at twice the average Canadian rate (Monchalin, 2016). While the
psychological trauma of the residential school system is an important factor, Durkheim reminds
us that the destruction of culture likewise contributes to high rates of anomic suicide, and
that the imposition of an alien, colonial system of regulation gives rise to fatalistic incidences
of self-destruction. Fortunately, Durkheim’s work also suggests a path forward: ensuring the
transmission of cultural knowledge can restore the conditions necessary for human beings to
flourish and is a right guaranteed by the United Nations Declaration on the Rights of Indigenous
1
People (United Nations General Assembly, 2017).
Durkheim’s (1893/2014) work also points to a way of thinking about criminal justice that is
less focused on retribution[/pb_glossary] and more focused on [pb_glossary
id="4480"]restitution. He argued that complex societies—those comprised of diverse people
with different values and goals—produce legal structures that aim to foster social integration
1. Scan the QR code to access https://social.desa.un.org/issues/indigenous-peoples/united-nations-declaration-on-

the-rights-of-indigenous-peoples

and cohesion. While banishment or public hangings may have been characteristic of smaller,
more homogenous societies in the past, to live in a diverse world the law must work more
towards restitution or restoring society to its normal state.
Although Durkheim’s work is now over 100 years old, his reasoning resonates with
contemporary Indigenous approaches to criminal justice. Take for example the Qwí:qwelstóm
Justice program. This program is rooted in Stó:lō cultural traditions and epistemology, where
justice means living harmoniously with others. The aim of the Qwí:qwelstóm Justice program
is to repair these relationships, not simply to punish the offender (Stó:lō Nation, 2018). Justice
is not pursued through an adversarial court system, where victims have little role to play and
the individual is treated in isolation, but rather through circle work, which creates a space for
discussion, in-depth interaction and better understanding overall (Palys & Victor, 2007). While
the offender may still be punished, the overall aim is to restore society to a healthy condition.
8.1 Crime and Social Norms | 233

8.2 The Chicago School
DR. SEAN ASHLEY
The Chicago School
In the late 1800s, few cities in North America were as diverse as Chicago. The population of
the city was rapidly expanding thanks to successive waves of immigration from Europe. In 1870,
the city had a population of 299,000, which grew to 1,698,600 by 1900, making it the fastest
growing city in the world at the time (Cumbler, 2005). The city provided a tableau for a new way
of thinking about crime and society that came to be known as the Chicago School.
The Chicago School had a distinctly macro-level ecological approach to studying crime. Under
the influence of Robert Park and Ernest Burgess, generations of researchers were trained to go
out into the city and learn about the dynamics of delinquency firsthand. In their book The City,
Park et al. (1925/1967) observed that crime was not evenly distributed throughout Chicago but
was concentrated in particular neighbourhoods. The model they proposed for understanding
the geographic distribution of crime was akin to the rings on a tree, with each concentric circle
representing a different urban zone. Certain zones were marked by greater degrees of social
disorganisation due to the transitional nature of these areas as new immigrant communities
moved in and older ones moved out. Crime was a characteristic of this transitional state, and
while unwanted it represents the normal dynamic of a developing city, with disorganisation
leading to reorganisation over time (Park et al., 1925/1967).
Figure 8.1 Concentric Zones

Working in this tradition, Frederic Thrasher’s (1936/2013) book The Gang: A Study of 1,313 Gangs
in Chicago catalogues the activities of gangs operating in the city during this period. Like Park
and Burgess, Thrasher argues that gangs are located in interstitial areas of the city, the zones
between the settled, more organised neighbourhoods.
The characteristic habitat of Chicago’s numerous gangs is the broad twilight zone of railroads
and factories, of deteriorating neighbourhoods and shifting populations, that borders the city’s
central business district on the north, west, and south. The gangs dwell among the shadows of
the slums in this zone (Thrasher, 1936/2013, p. 3).
Perhaps the most famous example of the ecological perspective on crime to emerge from
this period is Clifford Shaw and Henry McKay’s (1942) book Juvenile Delinquency and Urban
Areas. Shaw and McKay (1942) argue that the key variable that leads to crime is the social
disorganisation that characterises interstitial areas. They found that zones of transition are
characterised by higher levels of residential mobility, ethnic heterogeneity, and lower socio-
economic status (Sampson & Groves, 1989). Drawing upon decades of court records, they
show that it does not matter which ethnic group lives in the area—it is the zone itself that is
criminogenic. As groups move to other zones, their crime rates correspondingly drop (Lilly et
al., 2019). While their work builds on the ecological approach, Shaw also pioneered the use of life
histories within criminology, such as his semi-autobiographical account of the life of a juvenile
delinquent in The Jack-Roller (Shaw, 1966).
The approach taken by the Chicago School remains influential today, but there are nevertheless
some important limitations to their findings. While the concentric zone model may have worked
for Chicago, it is not characteristic of all cities. The idea of disorganisation itself has also
been criticised; while such neighbourhoods may look disorganised to outsiders, for those who
live within them there is a definite order made up of informal associations and networks
(Cohen, 1955). Despite these criticisms, Sampson and Groves (1989) provide empirical support
for Shaw and McKay’s approach by measuring the relative degrees of social disorganisation
within neighbourhoods and showing some correlation with respective crime rates.
Media Attributions
• Concentric Zones © Park, R., Burgess, E. & McKenzie, R. The city. University of Chicago
Press, 1967 p. 55 is licensed under a Public Domain license
8.2 The Chicago School | 235

8.3 Strain Theory
DR. SEAN ASHLEY
The main question that preoccupied early criminology in North America was, “Why do young,
working class men engage in crime?” For the Chicago School, the answer was largely an
ecological one. Writing in 1938, Robert Merton offered another explanation, one based more on
the social structural approach pioneered by Durkheim.
It was the concept of anomie that interested Merton the most. For Merton, anomie is a
condition whereby society exerts pressure on the individual to achieve culturally defined goals
but does not provide the institutional means to achieve them or devalues the institutional rules
in favour of achieving the goals (Merton, 1938). His macro-level theory has come to be known as
strain theory, because the strain people feel to achieve the culturally defined goals (i.e., wealth
and prestige) leads them to engage in innovative (i.e., criminal) activities to achieve their goals.
Within the context of American capitalism, the primary cultural goal is money, yet the
institutional means to achieve that goal is not available to everyone. Despite the American
dream that everyone can become rich, the United States has relatively low levels of social
mobility. For Merton, this explains the “higher association between poverty and crime” (Merton,
1938, p. 681). It is not that poverty leads to crime, but that American culture sets up the goal of
wealth as the objective to achieve regardless of the means. This goal permeates all aspects of
life, from business and education to organised crime and sports competitions.
Take for example the doping scandal that hit the world of competitive biking in 2012. After
winning the Tour de France seven years in a row, Lance Armstrong was found to have been
taking performance-enhancing drugs. Not only did he admit to taking these drugs, but he also
said that this was simply part of how things were done in the cycling world and that they
were as common as water bottles and tire pumps. The scandal illustrates how cultural goals
(winning) exist in tension with institutional rules. When a competitor begins to perceive the
rules as an impediment to achieving their goal, widespread anomie can set in, which leads them
to circumvent the regulations in their attempt to win (Merton, 1938, p. 676).
Merton lays out five “adaptations” or “modes of adjustment” that people use to relate culturally
defined goals with legitimate means. These adaptations include conformity, innovation,
ritualism, retreatism, and rebellion. Innovation is the adaptation that best explains most crime
and was the primary focus of Merton’s work. Most people living in a society accept the culturally
prescribed goals and pursue them following the rules laid down by the society. Some people,
though, innovate by taking a shortcut to the goal, bypassing the rules.
Ritualism, on the other hand, is a condition in which the rules are followed at the expense
of goals, where there “develops a tradition-bound, sacred society characterized by neophobia”
(Merton, 1938, p. 673). Retreatism involves rejecting both the means and the goals, a condition
that characterises serious drug addiction and living on the streets (Merton, 1938), while

rebellion overturns the goals and means society has to offer, creating new goals and
institutional regulations.
Table 8.1 Merton’s Modes of Adaptation
Cultural Goals Norms/Rules
Conformity
Innovation
Ritualism
Retreatism
Rebellion overturned overturned
Merton’s model is specific to North America, but as capitalism has spread around the globe,
the goal of acquiring wealth has also spread, leading to a globalisation of anomie and,
correspondingly, certain forms of criminal behaviour. “The-end-justifies-the-means” has
become the guiding norm, which is really a case of normlessness or anomie. For Messner and
Rosenfeld (1997), this represents a state of institutional anomie, a condition that correlates with
higher homicide rates cross-nationally.
Strain theory is useful for explaining particular types of crime, especially the ability to make
money through illicit means. It is less useful, however, for explaining crime that is non-
utilitarian, such as breaking windows, spray painting walls with graffiti, and shoplifting small
items that are readily discarded after the act (Cohen, 1955). Another critique of Merton’s theory
pertains to crimes committed by bankers and executives. People who engage in corporate crime
often have access to the institutional means, and many hold degrees from highly respectable
universities. In response, Murphy and Robinson (2008) propose an additional mode of
adaptation to anomie and strain—maximisation—to describe those who combine both
legitimate and illegitimate means in their pursuit of wealth and privilege.
8.3 Strain Theory | 237

Figure 8.2 Second Narrows Graffiti
Media Attributions
• Second Narrows Graffiti © Colin Knowles is licensed under a CC BY-SA (Attribution

ShareAlike) license

8.4 Delinquency as a Subculture
DR. SEAN ASHLEY
Albert Cohen’s theory of delinquent subcultures offers a different way of understanding crime
from the classical rational-choice theories and Merton’s strain theory. It is a complementary
theory that helps explain crimes that are “non-utilitarian, malicious and negativistic”—that is to
say, crime that does not have any rational goal but is done simply for “the hell of it” (Cohen,
1955, p. 25-26). For Cohen, the explanation for juvenile delinquency of this sort is cultural
in nature. Juvenile delinquency represents a particular type of subculture. Children learn to
become delinquents by being socialised into youth gangs, where they learn the beliefs, values,
codes and tastes of the group (Cohen, 1955).
As with many early criminologists, Cohen saw juvenile delinquency primarily as a working-
class, male phenomenon. This is because working-class youth are taught the democratic ideal
that everyone can become rich and successful, but in school they encounter a set of distinctly
middle-class values against which their behaviour is measured. These class-specific values are
framed as universal, making it much easier for middle-class youth to achieve recognition in
school for behaving “correctly.” This leads to feelings of inferiority, which last as long as the
working-class boys cling to that particular worldview (Cohen, 1955).
The delinquent subculture presents young boys with a new set of values and a means of
acquiring status within a different cultural context. These new values are an inversion of the
middle-class standards that working-class boys are judged by in school. For example, while the
middle class places value on controlling aggression and respecting property, the culture of the
gang legitimates violence and group stealing (Cohen, 1955). While the act of theft may bring
material benefits, for Cohen it also reaffirms the cultural cohesion of the group and the status
of its members. It is a joint activity that derives its meaning from the common understandings
and common loyalties of the group.
For Cohen, the juvenile delinquent is a “rogue male” (Cohen, 1955, p. 140). What about young
females? Do they not also engage in group delinquency? In this area, the theory of delinquent
subcultures reflects gender stereotypes of the 1950s. Cohen (1955) argues that females do
not get involved with gang activities because their status is determined primarily by their
relationship to males, and therefore they do not suffer the same forms of status inferiority
as their male counterparts. Because their status is so tied to males, Cohen argues that most
female delinquency tends to be “sexual delinquency” (Cohen, 1955, p. 144). Whether or not
this explains the cause of female delinquency, it certainly represented society’s reaction to the
behaviour of young girls during this period. From 1914 to 1937, 600 girls aged eight to eighteen
were incarcerated at the Provincial Industrial School for Girls in Vancouver for the crimes of
“incorrigibility, vagrancy, and association with a criminal” (Chapman, 2016, p. 21) rather than
engaging in criminal activity themselves.
8.4 Delinquency as a Subculture | 239

Cohen’s theory has been useful for researchers, but it does not explain why most delinquents
eventually turn to more conventional, law-abiding pursuits to attain status in adult life. Why
would this way of attaining status be particularly attractive to youth? Perhaps, as Bordua (1961)
suggests, they are just out there looking for fun. Also, if juvenile delinquency is the result of
working-class status frustration, how do we account for the growing phenomenon of middle-
class gangs in the Lower Mainland of British Columbia today (Kane & Smart, 2019)?

8.5 Social Control Theory
DR. SEAN ASHLEY
The main question criminologists in this chapter have been exploring so far is, “Why do certain
people engage in criminal activity?” Travis Hirschi (1969) says the question we should be asking
is, “Why don’t people engage in criminal behaviour in the first place?”
Hirschi (1969) argues that human beings are similar to animals in that we sometimes fight and
steal, while at other times we are pleasant and cooperative. This aggression and impulsivity
do not require explanation, as these traits are simply a part of our nature. What requires
explanation is why people do not engage in more of this type of behaviour as it is the easiest
way to satisfy our desires. The answer proposed by social control theory is that this behaviour
is controlled and regulated by our social bonds. Criminality and other deviant behaviour results
“when an individual’s bond to society is weak or broken” (Hirschi, 1969, p.16).
A person’s behaviour is controlled by four types of bonds: attachment, commitment,

involvement, and belief. Attachment refers to the emotional ties a person has with other people,
particularly with parents. This bond is associated with how much time children spend with
parents, how closely they identify with them, and whether they feel as though their parents care
for their wellbeing. Commitment is the time and energy a person spends in the pursuit of goals,
such as getting an education or building a business. If a person engages in reckless and anti-
social activity, they may place these projects in jeopardy.
Involvement is the degree to which a person is active in conventional activities. For example,
if someone is busy at school and is involved with sports, they will have much less time to plan
and commit delinquent acts. Belief refers to the acceptance of a common value system shared
by people in a given society. This is not the same as religious beliefs, though religion may play a
role. Rather, it is the belief in the validity of the law and norms of their society.
Social control theory has been one of the most tested theories in criminology, though overall
the results have been mixed. The evidence suggests that weak social bonds are related to
an increase in offending, but the strength of this relationship varies from low to moderate,
suggesting that other variables need to be taken into account (Lilly et al., 2019). Other studies
question what happens when children are attached to parents who are involved in illegal
behaviour themselves. Jensen and Brownfield (1983), for example, found that close attachment
to parents who are drug users does not prevent children from engaging in drug use themselves.
There is also the question of whether commitment and involvement are always positive
(O’Grady, 2014). Was it not a commitment to win and heavy involvement in the sport that led
Lance Armstrong to use performance-enhancing drugs to win the Tour de France?
While these criticisms are important, social control theory remains an important way of
understanding the development of criminal behaviour in youth, and Hirschi remains one of
criminology’s most important thinkers.
8.5 Social Control Theory | 241

8.6 Labelling Theory
DR. SEAN ASHLEY
Labelling theory offers another approach to studying crime and deviance. The roots of this
theory can be found in the work of George Herbert Mead (1934/2015), who pioneered a new way
of studying social reality known as symbolic interactionism. Mead explains that we construct
our social world and our sense of self through the symbols we exchange—language being the
most significant form of symbolic communication. Mead did not write about crime, though
his student Herbert Blumer (who coined the term “symbolic interactionism”) produced one of
the earliest studies concerning the influence of movies on delinquent and criminal behaviour
(Blumer & Hauser, 1933).
Mead’s approach to studying social life set the stage for new ways of thinking about crime
and deviance. One approach, which came to be known as labelling theory, was formulated
by the sociologist Howard Becker. Rather than looking at the qualities or circumstances that
make a person turn bad, Becker (1963) asks how this definition of bad behaviour was originally
constructed. As he explains in his book The Outsiders, “social groups create deviance by making
the rules whose infraction constitutes deviance, and by applying those rules to particular people
and labeling them as outsiders” (p. 6).
In an earlier formulation of labelling theory, Frank Tannenbaum (1938) refers to the process
wherein a stigmatising label may lead a person to start seeing themselves as a criminal. This
occurs through “a process of tagging, defining, identifying, segregating, describing,
emphasizing, making conscious and self-conscious” the criminal traits in question
(Tannenbaum, 1938, p. 19-20). He calls this process the dramatisation of evil. In this drama, the
specialised treatment a young person is given by the police and courts is instrumental in leading
them to see themselves as a criminal.

Figure 8.3 Frank Tannenbaum at the Bayonne refinery strike in 1915
Grekul and LaBoucane-Benson (2008) explain this dynamic with regard to the formation of
gangs comprised of Indigenous youth in the Prairie provinces:
Aboriginals deal with two powerful labels: Aboriginal first, and through stereotyping, gang
member. A broader historical context marred by colonialism, discriminatory government
practices, and residential schools contributes to a situation where labels stigmatise and propel
the labelled further into a life of deviance; the labels can in effect produce further deviant and
criminal behaviour. One ex-gang member recalls the police calling his group of friends a gang,
so they “began to act that way” and identify as a gang. (p. 71-72)
Labelling theory focuses on how criminality is created and how people come to be defined
and understood as criminals through symbolic exchanges. It is a micro-level theory but is
nevertheless concerned with the social (rather than individual) dimension of crime and
deviance. In this regard, it shares a great deal with Durkheim, who saw crime as an integral
part of society. In this view, crime can never be completely eliminated from society as it plays
a role in defining the boundaries of a social group. Critics charge that this approach can lead
to a morally relativistic view of crime where there is no essential reason why one act should
be considered criminal and another not. Durkheim reminds us, however, that even if laws differ
from society to society, human beings require social regulation if they are to remain at peace in
the world.
8.6 Labelling Theory | 243

Media Attributions
• Frank Tannenbaum © Library of Congress Prints and Photographs Division is licensed

under a Public Domain license

8.7 Conclusion
DR. SEAN ASHLEY
In this chapter, we explored the sociological turn in criminology and its development on Turtle
Island, the continent that came to be known as North America. We learned that criminologists
in the first half of the 20th century were particularly concerned with the causes of juvenile
delinquency amongst working-class boys and how labelling theorists shifted the frame, raising
the question of how this behaviour came to be defined as a problem to begin with. These
theories remain influential today. They have their blind spots and limitations, but they laid the
groundwork for a new way of understanding the relationship between crime and society.
While building upon a particularly Western intellectual tradition, these early approaches
nevertheless share commonalities with the ways many Indigenous nations conceptualise the
relationship between individuals and society. This chapter opened with a discussion of the
Anishnaabe concept of dibenindizowin, which stresses the freedom a person possesses through
their interrelationships with others. This speaks to strength-based approaches to dealing with
criminal justice issues, where the personal agency for change is found within collaborative
relationships. This perspective is not limited to Anishinaabewowin. Michael Hart, a citizen of the
Fisher River Cree Nation, makes a similar point about the importance of spiritual relationships
(Hart, 2015). This understanding of our capacity to act being dependent upon our relationships
is a key sociological insight that is sometimes lost when crime and punishment are framed
in terms of individualised blame and individualistic solutions are sought for what are social
problems.
Taking Indigenous ways of knowing seriously means recognising that criminological theories
are often built upon a distinctly Western view of human nature, and that these theories—while
espousing to be universal—are very much rooted in particular times and places. This does not
invalidate them, as all theories are similarly bound, but it does remind us of their culturally
grounded assumptions. Still, Durkheim would recognise his own ideas reflected in the way
Indigenous nations today are reclaiming justice practices through traditions that refocus
responses to crime back towards community and culture. While there are differences, there
are also important similarities, and the overlap that exists between Anishnaabe principles and
those of early sociologists of crime reminds us that while culture shapes our perspective, there
remains a common ground for justice, freedom, and a life well lived.

DR. SEAN ASHLEY
1. Has the increase in gender equality in the workplace since the 1950s shifted the dynamics
of youth delinquency in North America today?
2. The term “genocide” has been used to describe the colonial state of Canada’s residential
school system. Explain how this term relates to Durkheim’s concept of anomie and what
might be done moving forward to address the harms done.
3. Is there an interstitial zone in your city or town? Is this area considered a place of higher
crime?
4. Have you ever felt anomie? Does your experience fit better with Durkheim or Merton’s
application of the concept?

8.9 References
DR. SEAN ASHLEY
Azpiri, J. (2020). ‘It’s personal to me’: Dr. Bonnie Henry on why we can’t afford to ignore
B.C’s overdose crisis. Global News. https://globalnews.ca/news/7369410/dr-bonnie-henry-
overdose-crisis/
Becker, H. (1963). Outsiders: Studies in the sociology of deviance. The Free Press.
Blumer, H., & Hauser, P. M. (1933). Movies, delinquency, and crime. Motion Pictures and Youth.
Bordua, D. (1961). Delinquent subcultures: Sociological interpretations of gang delinquency. The

Annals of the American Academy of Political and Social Science, 338(1), 119-136. https://doi.org/
10.1177/000271626133800113
Borrows, J. (2016). Freedom and Indigenous constitutionalism. University of Toronto Press.
Boyd, N. (2015). Understanding crime in Canada: An introduction to criminology. Emond

Montgomery.
Chapman, A. (2016). The last gang in town: The epic story of the Vancouver Police vs. the Clark
Park Gang. Arsenal Pulp Press.
Cohen, A. K. (1955). Delinquent boys: The culture of the gang. The Free Press.
Cumbler, J. (2005). Northeast and Midwest United States: An environmental history. ABC-CLIO.
Durkheim, É. (1982). The rules of sociological method (W.D. Halls, Trans.). The Free Press. (Original
work published 1895).
Durkheim, É. (2002). Suicide: A study in sociology (J. A. Spaulding & G. Simpson, Trans.).
Routledge. (Original work published 1897).
Durkheim, É. (2014). The division of labor in society (W.D. Halls, Trans.). The Free Press. (Original
work published 1893).
Grekul, J., & LaBoucane-Benson, P. (2008). Aboriginal gangs and their (dis)placement:
Contextualizing recruitment, membership, and status. Canadian Journal of Criminology
and Criminal Justice, 50, 59-82. https://doi.org/10.3138/cjccj.50.1.59
Hart, M. (2015). A brief overview of Indigenous ways of helping. In P. Menzies, L. F. Lavallée,

Centre for Addiction Mental Health, & Vern Harper. (Eds.), Journey to healing: Aboriginal
people with mental health and Addiction issues: What health, social service and Justice workers
need to know (pp. 73–86). Toronto: Centre for Addiction and Mental Health.
Hirschi, T. (1969). Causes of delinquency. University of California Press.

Jensen, G. & Brownfield, D. (1983). Parents and drugs. Criminology, 21, 543-554. https://doi.org/
10.1111/j.1745-9125.1983.tb00279.x
Kane, L., & Smart, A. (2019, August 26). The unusual suspects: B.C.’s middle-class gang problem.
CTV News. https://www.ctvnews.ca/canada/the-unusual-suspects-b-c-s-middle-class-
gang-problem-1.4564871
Lilly, R., Cullen, F., & Ball, R. (2019). Criminological theory: Context and consequences. Sage.
McKee, M. (2002). Substance use and social and economic transition: The need for evidence.
The International Journal of Drug Policy, 13, 453-459. https://doi.org/10.1016/
S0955-3959(02)00084-1
Mead, G. (2015). Mind, self & society. University of Chicago Press. (Original work published 1934)
Merton, R. (1938). Social structure and anomie. American Sociological Review, 3(5), 672-68.
Messner, S., & Rosenfeld, R. (1997). Political restraint of the market and levels of criminal
homicide: A cross-national application of Institutional-Anomie Theory. Social Forces,
75, 1393-1416. https://doi.org/10.2307/2580676
Murphy, D. & Robinson, M. (2008). The maximizer: Clarifying Merton’s theories of anomie and
strain. Theoretical Criminology, 12, 501-521. https://doi.org/10.1177/1362480608097154
O’grady, W. (2014). Crime in Canadian context: Debates and controversies. OUP Canada.
Palys, T., & Victor, W. (2008). ‘Getting to a Better Place’: Qwi: qwelstóm, the Stó: lō, and Self-
Determination. Indigenous Legal Traditions, 12-39.
Park, R., Burgess, E., & McKenzie, R. (1967). The city. University of Chicago Press. (Original work
published 1925)
Sampson, R., & Groves, W. B. (1989). Community structure and crime: Testing social
disorganization theory. American Journal of Sociology 94(4), 774–802. https://doi.org/
10.1086/229068
Shaw, C. (1966). The Jack-Roller: A delinquent boy’s own story. University of Chicago Press.
(Original work published 1940)
Shaw, C., & McKay, H. (1942). Juvenile delinquencies and urban areas. University of Chicago
Press.
Smith, M. (2018). Diversity in theory and practice: Dividends, downsides, and dead-
ends. Contemporary Inequalities and Social Justice in Canada, 43.

Stó:lō Nation. (2018). Qwí:qwelstóm Stó:lō service agency justice program.
https://www.stolonation.bc.ca/justice.
Stote, K. (2015). An Act of genocide: Colonialism and the sterilization of Aboriginal women.
Talaga, T. (2017). Seven fallen feathers: Racism, death, and hard truths in a northern city. House of
Anansi Press.
Tannenbaum, F. (1938). Crime and the Community. In Crime and the Community. Columbia
University Press.
Thrasher, F. (2013). The gang: A study of 1,313 gangs in Chicago. University of Chicago Press.
(Original work published 1936)
United Nations General Assembly. (2007, October 2). United Nations declaration on the rights
of Indigenous Peoples (resolution 61/295 adopted by the General Assembly. Refworld.
https://www.refworld.org/docid/471355a82.html

9.1 Criminology and Colonialism
DR. ZACHARY ROWAN AND MICHAELA MCGUIRE, M.A.
Before moving into our discussion of learning theories, it is important to briefly reiterate the
interconnection between criminology, colonialism, and genocide. To begin, we must recognise
that Indigenous peoples have their own ways of responding to wrongdoing; however, settler
domination imposed colonial systems and oppressed those pre-existing systems. Colonialism
and genocide are ongoing and continue to displace, dispossess, oppress, and harm Indigenous
peoples (Alfred, 2009; Alfred & Corntassel, 2005; Manuel, 2017).
Criminalisation and over-incarceration perpetuate colonial control and maintain the oppression
of the Indigenous other (Chartrand, 2019; Cunneen & Tauri, 2019). Agozino (2004) suggests that
criminology is an “inherently colonial enterprise” that has been utilized as a tool in the moral
justification of slavery, genocide, and oppression (p. 345). The Canadian state and the Nations
that pre-existed its imposed domination have different ways of understanding what crime is,
what it means to be a criminal, and what constitutes justice. Moreover, Indigenous peoples’
experiences of colonial oppression have been legitimized by Canadian law, which continues
to criminalise, victimise, and incarcerate them without facing much accountability (Monture-
Okanee, 1994; Palmater, 2019; Starblanket, 2018). Further, multiple studies have found systemic
racism within police, courts, corrections and even juries (Anthony & Longman, 2017; Eby, 2011;
Jackson, 2015; Palmater, 2016; Reasons et al., 2016; Rhoad, 2013; Roberts & Reid, 2017; Truth and
Reconciliation Commission [TRC], 2015). These studies suggest that the criminal justice system
and the court system are not immune to the grave effects of racism against Indigenous peoples.
Cunneen and Tauri (2019) argue that mainstream criminology actively denies the importance
of colonialism as foundational to Indigenous persons’ involvement with state justice systems.
Indigenous peoples were dehumanised—by being subject to paternalistic policies, practices,
societal erasure and extreme control, which meant that early theoretical perspectives ignored
the relationship between the state and explanations for deviance. Western criminological
research often portrays Indigenous persons as the sick, dysfunctional, other, whose misfortune
is a product of their own behaviour. This portrayal ignores the continuation of colonialism, state
violence and systemic racism which are criminogenic acts in themselves (Cunneen & Tauri,
2019; Monchalin, 2016).
Because learning theories are concerned with understanding how an individual’s social
environment shapes their experiences and reinforces patterns of behaviour, we must consider
1
the historical (residential schools, day schools, pass system, Indian agents, forced sterilisation,
etc.) and ongoing (child apprehension, underfunded education, abuse, structural racism, etc.)
1. This word is considered racist terminology and it is only utilized in this chapter in reference to its legislation (the
Indian Act) or, historical processes/policies/practices such as the Indian agent.
9.1 Criminology and Colonialism | 251

horrific abuses to which Indigenous peoples are subject (TRC, 2015). Indigenous peoples have
been targets of colonial policies and their over-incarceration is representative of the
continuation of state-based genocidal tactics of control through confinement (Woolford &
Gaceck, 2016). The main social influences impacting Indigenous peoples’ justice involvement
are structural racism, colonialism, and the Canadian state’s complicity in continued suffering.
Racism against Indigenous peoples is so deeply embedded that it has become normalised. A
decolonial approach requires an understanding of the role of colonialism in criminological
theories and the discipline as a whole. We ask that you keep the connection between
criminology and colonialism in mind as we turn to our discussion of learning theories.

9.2 Learning Theories and Crime
Take a moment to reflect on the last few tasks you completed before reading this chapter.
Maybe you reviewed your notes from a lecture, made a meal, or even scrolled through your
social media accounts. Each of these are distinct, yet all rely on one underlying thing—learned
behaviours. As students, you figure out how to effectively study and process information from
courses; understand how to read a recipe and put each of the ingredients together into a meal;
generate content, pictures, or videos to portray your life (perhaps by receiving approval or
attention through “likes” and comments). Each of these tasks require that you have learned the
motivations and skills necessary to complete them. These behaviours were also not learned in
a vacuum you are surrounded by friends, fellow students, family, and other acquaintances who
have talked about or shown you their study habits, cooking skills, or social media engagement.
Through these associations and social interactions, you learn behaviours. The social nature
of our day-to-day lives has direct implications for our understanding of antisocial behaviour.
Learning perspectives of crime suggest that we also learn the motivations, rationalizations,
and skills of crime, substance use, and other deviant behaviour. For instance, in the context of
shoplifting, individuals can be taught the specific skills necessary to remove clothing from a
store without detection and be reinforced by peers as to why stealing from a profitable business
is acceptable and should not be considered criminal.
9.2 Learning Theories and Crime | 253

9.3 Differential Association Theory
In the early 1930s, Jerome Michael and Mortimer J. Adler (1933) published a report titled Crime,
Law, and Social Science that examined the state of knowledge in criminology and criminal
justice. The conclusions from this report suggested that criminological research was futile
and reflected the poor theoretical development and research methods at the time (Michael &
Adler, 1933). Partially in response to this critique, Edwin H. Sutherland argued that the field
needed a sociological approach to theory that could be empirically tested and explain known
correlates of crime (i.e., gender, race, socioeconomic status). For instance, a meaningful theory
of crime needed to be able to explain why offending is concentrated in adolescence and young
adulthood, and declines subsequently thereafter. Now recognised as one of the most important
criminologists of the 20th century, Sutherland (1947) developed differential association theory.
Sutherland aimed to establish an individual-level sociological theory of crime that refuted
claims that criminality was inherited. Instead, Sutherland explored the role of the immediate
social environment which was often discounted in broader macro-level theories, and suggested
that behaviour was primarily learned within small group settings.
Importantly, Sutherland (1947) sought to articulate a formal theory by presenting propositions

that could be used to explain how individuals come to engage in crime. In his Principles of
Criminology textbook, Sutherland articulated the following nine propositions:
1. Criminal behaviour is learned. Stated differently, people are not born criminals.
Experience and social interactions inform whether individuals engage in crime.
2. Criminal behaviour is learned in interaction with other persons in process of
communication. This communication is inclusive of both direct and indirect forms of
expression.
3. The principal part of the learning of criminal behaviour occurs within intimate personal
groups. The important and key people in your social life are where such learning processes
occur.
4. When criminal behaviour is learned, the learning includes (a) techniques of committing
the crime, which are sometimes very complicated, sometimes very simple; (b) the specific
direction of motives, drives, rationalizations, and attitudes. The learning process involves
both instruction on how to commit crimes and why they might be committed.
5. The specific direction of motives and drives is learned from definitions of the legal codes
as favourable or unfavourable. Definitions encompass an individual’s attitude toward the
law. Attitudes towards the legality of crimes, deviance, or antisocial behaviour can vary.
6. A person becomes delinquent because of an excess of definitions favourable to violation
of law over definitions unfavourable to violation of law. The balance of exposure to
definitions favourable or unfavourable to the law is the primary determinant of whether an
individual will engage in crime. If exposed to more definitions that are unfavourable to the

law, individuals will be more likely to engage in crime.
7. Differential associations may vary in frequency, duration, priority, and intensity. Not all
associations (or interactions) are created equal—how often one interacts with a peer, how
much time one spends with a peer, how long someone has known a peer, and how much
prestige we attach to certain peers determines the strength of a particular association.
8. The process of learning criminal behaviour by association with criminal and anti-
criminal patterns involves all of the mechanisms that are involved in any other learning.
Learning is a process not specific to crime but to all behaviour. Thus, the mechanisms
through which we learn how to behave at work or in our families are the same general
mechanisms that impact how we learn crime.
9. While criminal behaviour is an expression of general needs and values, it is not explained
by those general needs and values, since non-criminal behaviour is an expression of the
same needs and values. Behaviours can have the same end goal; however, the means to
obtain this goal can vary. Selling drugs or working at a retail store may both reflect the need
to earn money; thus, we cannot separate delinquent or non-delinquent acts by different
goals. Other factors (e.g. the balance of definitions one is exposed to) determine whether or
not a person engages in a specific behaviour (Sutherland & Cressey, 1978, pp. 80-83; italics
specify text as originally written).
The primary component of the theory is the role of differential association(s). Individuals
have a vast array of social contacts and “intimate personal groups” with whom they interact.
Figure 1 below depicts some examples of different sources of social influences including friends,
family, siblings, neighbours, and co-workers; all serve as different sources of social influence
but the extent of their influence depends on factors that characterize the interactions (i.e.,
frequency, duration, priority, and intensity). Not all peers/associates have the same level of
influence. Consider your own social world—whom do you spend the most time with, trust
more, look to regularly for help? These individuals comprise your own intimate personal group
that facilitates the definitions you might have regarding deviant or prosocial behaviour. For
instance, an individual whose friends are extremely important to them and that they have
known for multiple years would be anticipated to have a greater degree of influence on an
individual’s behaviour than that of a new acquaintance from class or work. Overall, research
demonstrates that affiliation with delinquent peers can explain the initiation, persistence,
frequency, type of offending, and desistance (Elliott & Menard, 1996; Fergusson & Horwood,
1996; Matsueda & Anderson, 1998; Thomas, 2015; Warr, 1993, 1998).
9.3 Differential Association Theory | 255

Figure 9.1 Variations in Sources of Social Influence
The effect of affiliation with deviant peers on criminal outcomes is attributable in part to
how these sources of social influence inform the degree of definitions favourable/unfavourable
towards the law. Although Sutherland (1947) did not clearly operationalise the concept of
definitions at the time, it is generally understood that definitions reflect the attitudes favourable
to crime that enable individuals to approve or rationalize behaviour across situations (e.g.,
Akers, 1998). Figure 9.2 provides some examples of what might serve as definitions favourable/
unfavourable to crime. Individuals that internalise and accept definitions more favourable to
crime will be more likely to actively participate in criminal behaviour.

Figure 9.2 Definitions favourable and not favourable to crime.
9.3 Differential Association Theory | 257

9.4 Social Learning Theory
While Sutherland (1947) developed one of the most well-known theories, one limitation was his
description of precisely how learning occurred. In Proposition #8 of differential association
theory, Sutherland (1947) states that all the mechanisms of learning play a role in the learning
of criminal behaviour. This suggests that the acquisition of criminal behaviour involves more
than the simple imitation of observable criminal behaviour, but Sutherland does not fully
explain how exactly definitions from associates facilitate criminal behaviour. Building off the
recommendations of C.R. Jeffery (1965) to integrate concepts of operant behaviour theory
into differential association theory, Robert Burgess and Ronald Akers (1966) reformulated the
propositions developed by Sutherland into what was initially called differential-reinforcement
theory. Akers (1998) eventually modified differential reinforcement theory into its final form,
social learning theory (SLT).
SLT is composed of four main components: 1) differential associations, 2) definitions, 3)

differential reinforcement, and 4) imitation. The first two components are nearly identical
to those observed in differential association theory. Differential association was expanded to
be inclusive of both direct interactions with others who engage in criminal acts, and more
indirect associations that expose individuals to various norms or values. For example, friends of
friends who may not directly interact with an individual still exert indirect influence through
reinforcing behaviours and definitions of a directly tied friend. Definitions were similarly
described as attitudes or the meanings attributed to behaviours and can be both general and
specific. General definitions reflect broad moral, religious, or other conventional values related
to the favourability of committing a crime, whereas specific definitions contextualize or provide
additional details surrounding one’s view of acts of crime. For example, a general definition
of crime may reflect an individual’s belief that they should never hurt someone else, but the
use of substances is acceptable because it does not harm anyone else. Recent efforts have also
underscored that attitudes towards crime can be even more specific and depend on situational
characteristics of the act (e.g., Thomas, 2018, 2019). For instance, an individual may hold the
general definition that they should never fight someone; however, they may adopt a specific
definition that suggests that if someone insulted your family or started the conflict first, then
perhaps fighting is acceptable.
Borrowing from principles of operant conditioning, Burgess and Akers (1966) argued that
differential reinforcements are the driver of whether individuals engage in crime. This concept
refers to the idea that an individual’s past, present, and anticipated future rewards and
punishments for actions explain crime. If an individual experiences or anticipates that certain
behaviours will result in positive benefits or occur without consequences, this will increase
the likelihood that the behaviour will occur. This process is comprised of four types of
reinforcements or punishments:

1. Positive reinforcement: reinforcements that reward behaviour, such as money, status from
friends, and good feelings, that will increase the likelihood that an action is taken.
2. Positive punishment: the presentation of a negative or aversive consequence, such as
getting arrested, injured, or caught, after a behaviour is exhibited to decrease the likelihood
it will happen again.
3. Negative reinforcement: reinforcements that help a person avoid the negative
consequences of a behaviour, such as avoiding getting caught, arrested, or facing
disappointment from others, that will increase the likelihood that an action is taken.
4. Negative punishment: the removal of a positive reinforcement or stimulus after an
undesired behaviour occurs to decrease the likelihood a person will engage in the behaviour
again. For instance, if a child gets into a fight with a friend their parent may take away their
cell phone, cut off their Netflix access, or remove other privileges.
Lastly, imitation is the mimicking of a behaviour after observing others participate in the
behaviour. Within intimate personal groups, individuals will observe criminal acts or substance
use that are often are used to facilitate the initiation of the behaviour. Once the behaviour has
been engaged in, imitation plays less of a role in the maintenance of or desistance from that
behaviour.
9.4 Social Learning Theory | 259

9.5 Research in Learning Theories
Deviant sources of influence have been demonstrated to be one of the most robust predictors
of crime. Research indicates that deviant association with friends (e.g., Fergusson et al., 2007;
Haynie, 2002), best friends (e.g., Rees & Pogarsky, 2011), siblings (e.g., Hashimi et al., 2021; Rowan,
2016), co-workers (e.g., Piquero et al., 2005), gang members (e.g., Kissner & Pyrooz, 2009),
romantic partners (e.g., Capaldi et al., 2008; Haynie et al., 2005), indirect ties (e.g., Payne &
Cornwell, 2007), and university roommates (e.g., Duncan et al., 2005) can explain why individuals
participate in criminal behaviour.
A meta-analysis, which synthesises all available research on a particular topic and provides
an overall estimate of the empirical relationship, conducted by Pratt et al. (2010) indicated
that the impact of deviant associations was moderately strong and equally as important as
key factors identified by other criminological theories (i.e., self-control). Importantly, Pratt et
al. (2010) examined the effects of each of the components of SLT separately and found that
differential reinforcements (i.e., the main addition to the revised theory) had the overall weakest
effects in explaining crime. While this does not negate the role that reinforcements play, it does
suggest that Sutherland’s (1947) concept of differential associations remains a significant factor
in learning frameworks of crime.
Although most research testing SLT or differential association theory focuses on examining
the relationship between deviant peers and crime, other research has demonstrated the role
that peers play in explaining other important relationships in criminology. As stated, Sutherland
(1947) argued that a strong theory should be able to explain key correlates of crime, such as
age or gender. The research reviewed below provides some evidence to support the capacity of
peers and learning mechanisms to help us understand these features of crime.
Age & Peers
Perhaps, the closest thing to a “fact” that exists in criminology is the relationship between age
and crime, also known as the age-crime curve (e.g., Piquero et al., 2003). It has been established
across a variety of contexts that criminal behaviour rapidly increases in adolescence until the
late teenage years and quickly declines thereafter. Warr (1993) evaluated the extent to which
peers could help explain this relationship. Warr (1993) noted that interactions with delinquent
peers, time spent with peers, and the importance individuals assign to spending time with peers
similarly mapped onto the age-crime curve. As youth enter their teenage years, they are more
likely to have delinquent friends, spend time with them, and believe it is important to do so.
Figure 3 demonstrates the typical relationship between age and crime and highlights when

individuals spend the most time with peers in social settings and place importance on choosing
to spend their time in this way (Warr, 1993). In many ways, learning theories are specifically
oriented towards explaining the crime phenomenon during adolescence and young adulthood
(e.g., Ragan, 2020).
Figure 9.3: Relationship between Age & Crime
Gender & Peers
It is generally well established that males to commit the majority of crime (e.g., Mahony et al.,
2018). Scholars have considered the role that peers and the learning mechanisms described by
SLT play in differentiating the rates of crime by males and females. Research has suggested
that males are exposed to deviant peers more than females (e.g., Mears et al., 1998; Smith
& Paternoster, 1987) and differentially experience the impact of deviant peers. Females tend
to have socialisation experiences that encourage morals that are not favourable to risk and
therefore not supportive of crime (Hagan et al., 1990; Hagan et al., 1987) and females tend to
be more closely supervised by their parents (LaGrange & Silverman, 1999, as cited in Koon-
Magnin et al., 2016), both of which limit the impact that being exposed to deviant peers has
on whether they engage in crime. Thus, males are not only more likely to be exposed to
definitions favourable to crime, but relative to females, males are simply more susceptible
to that exposure because of gender differences in socialization (Hagan et al., 1990; Hagan et
al., 1987). Learning mechanisms can also go beyond explaining crime from a purely biological
perspective, as research indicates that norms oriented around masculinity (e.g., controlling
emotions, the drive to win, appearing heterosexual) are reinforced by peers and explain why
9.5 Research in Learning Theories | 261

males who disproportionately express such norms engage in crime (e.g., Iwamoto & Smiler,
2013).
Turning Points & Peers
Considering the previously mentioned relationship between age and crime, we also know
that there are factors that help change the trajectory of offending in early adulthood. Figure
4 illustrates the same age-crime relationship and highlights that when individuals enter
adulthood, they find jobs, get married, and possibly serve in the military. Life course theorists
have described these as “turning points” and have demonstrated that when individuals
experience these turning points, they are more likely to desist from crime (e.g., Laub & Sampson,
1993). Warr (1998) discovered that married individuals report spending less time with friends
and therefore reduce their number of delinquent associations. Wright and Cullen (2004)
examined the role of employment in reducing crime and found that while having a job did
reduce offending by increasing one’s commitment and involvement with prosocial institutions,
this reduction in offending was also explained by the fact that coworkers in those jobs
disapproved of crime. Thus, peers in the workplace and the definitions they expose individuals
to also play an important role in changing behaviour. These findings suggest that the impact
of these turning points is due to more than just changes in attachment to sources of informal
social control (e.g., partner, job), but additionally the social contacts that also change as a result
of these shifts in adult responsibilities.
Figure 9.4: Age, Crime, & Turning Points based on hypothetical data. Decline in time spent with and
importance of peer relations

9.6 Moving Past a Monolithic Approach
to Learning Theory
While this chapter does not represent the entirety of knowledge on learning theories, it
represents the dominant approach used to situate learning theories within criminology. Some
of this is a function of the fact that the scholars responsible for developing and testing the
theories are white, western, and male and their ideas and methodologies are complicit in the
colonial project through the silencing of Indigenous peoples (Deckert, 2014, 2016). Learning is
universal, yet ironically (with some exceptions) the bulk of what we believe learning theory
represents and explains is derived from frames of reference and samples of primarily white
colonisers. When diversity is considered, it is largely relegated to descriptive differences as
opposed to the elevation of truths or experiences of people who have lived on these lands
since time immemorial. Learning theories are often operationalized within western research
methodologies (such as quantitative research) that have been criticized and deemed silencing
(Deckert, 2016). Indigenous knowledge has been disregarded as less esteemed/legitimate than
western knowledge and of “little criminological value” (Cunneen & Tauri, 2019, p. 42). Given
the over-representation of Indigenous peoples in the imposed justice system, this silencing of
knowledge should be of concern. If learning theories were to incorporate the oppression of
Nation-based governance into their frameworks, these theories would surely take a necessary
step and arguably through such a consideration strengthen not falsify or detract from the
explanatory power of the theory.
For example, learning theories do not question the role of the state or include reference to
state culpability for human rights violations. Nor do these theories critically analyse how the
oppression of Nation-based governance, law, and justice and the imposition of western systems
impact socialisation experiences. Indeed, the primary socialising agents derived from learning
theories are individuals rather than institutions that force exposure to particular associates
or definitions. Still, we must be cautious about individualising the application of mainstream
learning theories to Indigenous peoples and simply attributing blame to an individual’s
socialisation with such institutions. This would only perpetuate harm and ignore the role of
colonial policies (Cunneen & Tauri, 2017). There are virtually no direct tests of learning theory,
which if done, could arguably be an advancement within Indigenous communities; however,
this type of research still represents a colonial adaptation to the study of deviance among
Indigenous peoples and ignores how the imposed state-defined structures fundamentally
change the social environments of Indigenous peoples. This add Indigenous and stir approach
is highly contested and problematic. Learning theories that consider the oppression, racism,
genocide, and colonial harm inflicted by the state have yet to be developed and tested.
Despite the above-noted shortcomings of learning theories, extensions of the theory do
9.6 Moving Past a Monolithic Approach to Learning Theory | 263

acknowledge that society is differentially organised such that individuals are positioned within
unique communities and structures that inform the extent of conditions conducive to crime
(e.g., Matsueda & Heimer, 1987). Some communities may be organised towards definitions
favourable to crime, which suggests individuals may not have an equal chance of exposure to
such definitions. These group-level differences allude to the potential importance of cultural or
social distinctions that structure learning processes. Thus, to a certain extent, updated versions
of learning theory demand attention be paid to structural and contextual differences. However,
all learning theories tend to assume that the mechanisms are the same across different groups
(i.e., race, culture), but what varies may be the context or sources of such learning. For example,
these theories certainly allow for the identification of different sources of influence within
Indigenous communities and non-Indigenous communities. Perhaps the emphasis on
interconnectedness amongst families within some Indigenous communities contributes to a
stronger focus on family-based peers that may not be as important within non-Indigenous
communities. Still, this approach discounts the very real possibility that within these
communities, the mechanisms of learning are different or experienced differently based on
distinct cultural variations. For instance, although SLT includes a consideration of the imitation
of behaviours, it is primarily relegated to the initial acquisition of a particular behaviour. In
contrast, Tanaka et al. (2007) summarise the extremely important role that mentorship, learning
by doing, deep observation, and learning within communities has within Indigenous teaching
and learning. Thus, among Indigenous peoples perhaps there is greater weight given to the role
of imitation and related observatory learning practices.
It is also possible that mechanisms of learning are structured in fundamentally different ways
based on state-driven actions. Learning theories might help explain intergenerational trauma
and its influence on explaining (state-constructed) deviance among some Indigenous
communities. For instance, learning theories could be utilised to examine the interconnections
between childhood trauma in residential schools, subsequent trauma, and learned behaviours
such as neglect or abuse culminating in intergenerational trauma and ongoing child
apprehension. The over-incarceration of Indigenous youth and over-representation in foster
care suggests that Canada has continued to take
Indigenous children away from their homes at unprecedented rates. In addition, these
experiences also arguably impact the lens through which Indigenous children view other social
interactions. Research suggests that childhood exposure to high-conflict relationships,
adversity, and academic challenges contribute to increases in the likelihood that youth will
attach to delinquent peer groups (e.g., Fergusson & Horwood, 1996). However, as has been
previously emphasised, a surface level analysis would ignore the role of the state, imposed
law and governance, colonialism, and racism. There is a direct connection between the
multigenerational impacts of colonialism, genocide and racism and the continued state control
of Indigenous peoples through confinement (reserves, day/residential schools, foster care/
group homes, incarceration) that require a substantially more meaningful consideration into
learning frameworks that are beyond the scope of the current chapter (Monchalin, 2016; TRC,
2015; Woolford & Gacek, 2016).

This is not to suggest that the mechanisms outlined by Sutherland (1947) or Burgess and
Akers (1966) have no place in understanding deviance within Indigenous communities. Indeed,
these scholars argued there is consistency in how mechanisms operate across people, thereby
providing a general explanation of deviance that repudiates strict biological determinism of
crime by arguing individuals involved in crime are inherently not biologically different than
those that refrain from crime. However, we must go further if we take seriously the unique
lived experiences of Indigenous Nations, peoples, and communities. Simpson (2016) argues that
the study of Indigenous peoples and justice (or lack thereof) often ignores the continuation of
harm. In the context of learning theories, it is necessary to evaluate how state-based structures
actually create and control the presence of definitions, values, and reinforcement mechanisms
favourable towards crime and deviance.
9.6 Moving Past a Monolithic Approach to Learning Theory | 265

9.7 A New Approach to Learning Theory
In this chapter, we have provided an overview of the main tennts of learning theories that
occupy an important role in the history and study of criminology. First and foremost, both
theoretical perspectives emphasise the social nature of our world as the source of learning
criminal and deviant behaviours. Peers, friends, romantic partners, and coworkers all have
the capacity to inform our attitudes towards deviance and even teach us to commit crime.
While empirical evidence strongly supports the role these theoretical perspectives have in
explaining crime, much remains in the pursuit of an inclusive and critical development of
learning theories. The different perspectives offered in this chapter represent our attempt at
employing a decolonial approach to reviewing learning theories. Learning theories suggest that
definitions acquired through associations are important. Contextualised through the material
practices and ideologies of colonial states and by the resistances of Indigenous peoples, one
can begin to uncover how the colonial state structures norms, values, and associations that may
facilitate state-defined crime. As has been emphasized in this chapter, colonialism, genocide
and the imposition of foreign laws, justice and governance coupled with displacement,
dispossession and oppression (the reserve system, residential/day schools, foster care), and
criminalisation and control (the pass system, Indian Act provisions, imposed criminal justice
system) are the root causes of Indigenous over-incarceration. In other words, the state has
created the problem it seeks to control.
In many ways, evaluating how the state contributes to the differential social and structural
organisation between Indigenous and non-Indigenous communities takes seriously extensions
of SLT that include a consideration of social structures (e.g., Akers, 1998). We do not mean
to suggest that we should only understand how learning theories operate within Indigenous
communities. A potential weakness of social learning theories is the assumption of the
universality of mechanisms attached to learning. Research shows that the socialisation
experiences of men/women, racialised/non-racialised young/old people are different. A
critical adaptation of learning theory may help identify additional mechanisms of learning,
develop a framework to understand how such mechanisms are mediated by colonial structural
factors, and ultimately contribute to a deeper understanding of social influences. To move
learning theories forward, we echo this statement made by Cunneen and Tauri (2017): “We
believe that building ‘from the ground up’ a criminology that privileges the Indigenous
perspective and requires a meaningful analysis of colonialism as an explanatory factor in
Indigenous peoples’ experiences of settler colonial justice, is a theoretical and practical
necessity” (p. 153).

1. Compare and contrast differential association theory and social learning theory. What are
the major similarities and differences between the two learning theories?
2. Within social learning theory there are four types of reinforcement derived from
principles of operant conditioning: positive reinforcement, positive punishment, negative
reinforcement, and negative punishment. Do you think specific reinforcements are more
or less effective at changing whether someone engages in crime? If so, answer the
following questions:
a. Which reinforcement mechanism is most important in explaining whether someone

engages (or does not engage) in crime?
b. Do you think that certain reinforcement mechanisms are better at explaining whether
someone engages in a specific type of crime (e.g., drug use versus violence)? Why or
why not?
c. How might the mechanisms of reinforcement be more or less important at specific
points in an individual’s life course? Are certain mechanisms more important during
adolescence versus adulthood?
3. Based on the explanation of crime put forward by learning theories, what might be some
policy recommendations for controlling or preventing crime?
4. Social learning theory attempts to expand upon the mechanisms that explain the learning
process of crime. Besides teaching someone the skills necessary to commit a crime,
provide examples of other ways peers might increase the likelihood that someone will
engage in crime.
5. Are there other state (government) related institutions or contexts that might be
important in understanding how learning perspectives might be implicated in an
understanding of deviance among Indigenous people? If so, explain how these institutions
or contexts contribute to definitions, behaviours, or reinforcement mechanisms that
support criminal behaviour.
6. Do you think it is possible to utilise social learning theory to examine the role of the state
in criminalising and incarcerating Indigenous persons? If so, how might the theory be
expanded to consider the state? If not, why not?

9.9 References
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criminology. Crime, Law, and Social Change, 41(4), 343–358. https://doi.org/10.1023/
B:CRIS.0000025766.99876.4c
Akers, R. L. (1998). Social learning and social structure: A general theory of crime and deviance.
Alfred, T., & Corntassel, J. (2005). Being Indigenous: Resurgences against contemporary
colonialism. Government and Opposition, 40(4), 597-614.
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Alfred, T. (2009). Peace, power, and righteousness: An Indigenous manifesto. Oxford University
Press.
Anthony, T., & Longman, C. (2017). Blinded by the White: A comparative analysis of jury
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10.1 The Rise of Critical Criminology
KEVIN WALBY AND KELLY GORKOFF
Given our contention that defining critical criminology is a difficult task, we claim that critical
criminology scholarship represents a break from the orthodoxy or custom of the discipline
of criminology (Tierney, 2006; Martel et al., 2006; Ratner, 1984, 2006). Critical criminology
initially evolved alongside criminological theories loosely called “new deviancy” that proposed
new theories of crime such as labeling theory (see chapter 8.6 Labelling Theory), social reaction
theory, transactionalism, and interactionism, and was a significant part of a general move in the
social sciences away from the dominant positivistic paradigm of criminology (Tierney, 2006;
Garland & Sparks, 2000; Hargreaves et al., 1976). In general, this dominant paradigm focused
on identifying and studying causes of crime that could then be corrected, and the assumed
purpose of criminological knowledge was to control crime. Lynch (2000) takes this further and
suggests that traditional positivist criminology has had the effect of legitimising control of the
lower classes and normalising punishment. This dominant knowledge was rarely questioned and
became standardised in criminology/criminal justice language, practice, and research (Lynch,
2000). Critical criminology questioned this often taken-for-granted, normalised idea of crime
and justice as well as its connection to crime control and punishment and encouraged research
that questioned this and focused on thinking more broadly about crime in society (Martel et
al., 2006). Ratner (2006) refers to this as “the push to construct an alternative to the ruling
paradigm of a state-saturated field” (p. 648). By this, Ratner means we should question what
crime means in society and the government’s power to punish “criminals.”
Most critical criminology adopts a critical social science position that is anti-positivist. A critical
social science examines/critiques normative boundaries of criminological knowledge and its
use. Critical social science research focuses on the big picture or social structures instead
of individual determinants of people’s behaviour (trauma, upbringing, psychological traits).
This focus allows scholars to deconstruct taken-for-granted or dominant knowledge. It also
allows one to engage in social change by questioning established ways of thinking or knowing.
Sayer (2009) discusses denaturalising dominant knowledge as a way to propose that another
world is possible and to re-think and re-constitute accepted ideas about how to administer
justice (Kraska & Newman, 2011). For us, critical criminology is an attempt to investigate power
relations and domination as they occur in social systems and social structures while providing
alternatives to existing power relations and dominant social institutions. Critical criminology
involves research and investigation, and it calls for activism and attempts to change things.
In what follows in this chapter, we examine the key thinkers critical criminology draws on,
beginning with Marx, as well as a few emergent elements of critical criminology.
10.1 The Rise of Critical Criminology | 273

10.2 Marx and the basis of Critical
Criminology
The tendency of critical criminology to investigate and attempt to transform the world begins
with Karl Marx and subsequent Marxist criminological scholars.
Marx and the Critique of Capital
Most people would probably not identify Karl Marx as a criminologist, though he is often seen
as a political economist, a critical historian of economics, and a sociologist. Marx’s writings
were concerned with the rise of social institutions during industrialisation which included the
development of criminal law, the power of police and prisons, and processes of criminalisation.
At the core of his work, Marx rejected the idea that societies operate based on a consensus
(see chapter 1 What is Crime?). Instead, he suggests that societies are full of conflict, which is
often reflected in, and stems from, its relations of production (the social relationships involved
in producing the things we need to survive such as food, and shelter).
To provide some examples, in Capital, Volume One, Marx (2004) addresses these critical issues
in chapters 26, 27 and 28. As he examines the capitalist mode of production, he explores the
social formation that occurs alongside it. In chapter 26 on the secret of so-called primitive
accumulation, Marx argues there is nothing natural about the creation of private property (e.g.,
owning land or factories), the extraction of resources from the land (e.g, cutting trees or drilling
oil), or the extraction of value from those resources (e.g., paying for lumber/gas or profiting
from selling lumber/gas). Marx argues that our capitalist order is a political and economic
one formed through various attempts at social control of these processes of private property,
extraction and value. He claimed that the process of so-called primitive accumulation and the
extraction of value from the resources found in land is only possible through the development
of a state apparatus (e.g., government) that supports capitalist exploitation. Part of that state
apparatus, perhaps the main part, is social control agents such as police and prisons.
In chapter 27 of Capital, Volume One, which is on the expropriation of the agricultural

population from the land, Marx (2004) argues that, instead of land being collectively governed
and people benefiting in a collective way from the value of resources and land, the capitalist
mode of production requires the expropriation of people from their land, their territory, and
the resources found there. This goes for populations in the English countryside, and it could
be further extended to colonial relations with Indigenous peoples in British colonies such as
Canada. To achieve control of resources and land, social control agents of the state apparatus

forcibly expropriate populations from the land to privatise it and its resources (such as lumber,
oil, and minerals) for capitalist landowners. The example of establishing Indigenous reserves in
Canada is an example of the expropriation of people from their land, a process that continues
today.
In chapter 28 of Capital, Volume One, Marx (2004) writes about bloody legislation, a swath
of laws passed by the state apparatus in the 18th and 19th centuries in the Commonwealth
countries that do two things. First, they enable the creation of private property, enabling
the privatisation of wealth, value, resources, land, thereby creating a powerful capitalist class.
Secondly, they are used against the working class and against the lumpenproletariat who
cannot work or choose not to work. These laws allowed for the expropriation discussed above.
These laws also force persons to work in the capitalist mode of production in factories. If people
choose not to work, bloody legislation is applied to them, to criminalise and punish them. If
persons are unhoused and move from region to region or from the country into the city because
their land has been stolen from them by the capitalist class, they too have bloody legislation
applied to them, specifically laws of vagabondage. Laws are also passed to dissuade labour
organising and resistance (Poulantzas, 1975; Griffin et al., 1986; Kuriakose & Iyer, 2021).
This swath of laws is created to control the working class and the lumpenproletariat, and
to enforce the capitalist mode of production. Although Marx is usually not identified as a
criminologist per se, even this one work, Capital, Volume One, offers a rich history and analysis
of the way the state apparatus was formed to support the capitalist mode of production and
how criminal law in its origin emerged as a tool of control for elites. Criminal law, police and
prisons from a Marxist perspective, exist to control the population, to force people to work, and
to prevent people from collectivising (or equally sharing) land, resources and wealth.
Using Marx
A significant figure in early critical criminology, William Chambliss (1964), drew on Marx’s ideas
to analyse the origin of vagrancy laws (some enacted as early as 1349) and concluded that
these laws were created to force people to work in factories and other places, by criminalising
those who did not. These laws were pivotal in capital expansion and Chambliss (1964) notes
how different categories of “the criminal” were created as capitalism expanded. These included
individuals who made and sold goods in traveling shows, those who organised gambling events,
and those who took goods that were in transit from one factory to another. Chambliss (1964)
defined crime as “conduct that is defined and controlled by agents of the dominant economic
class in a politically organized society, to benefit capitalism” (p. 71). To enforce these laws,
policing, courts and prisons are obviously necessary.
Another Marxist, Louis Althusser (1969, 1971), named this set of agencies "repressive state
apparatuses" and defined them as bodies granted the legal right to use physical force to control
the masses. This includes the military, the police, the judiciary, and the prison system. It is
10.2 Marx and the basis of Critical Criminology | 275

argued that these bodies are used to enforce laws and to demand obedience to laws based on
unfair expropriation. Generally, the presence of these institutions is enough to gain compliance,
but when the unfairness of capitalist/worker exchanges is questioned or laid bare, these bodies
engage in explicit legalised violence. Gordon (2005, 2006) examines how the rise of law-and-
order policing, and the over-policing of poverty and the poor, coincided with changes in the
capitalist order. He identifies governmental changes in policing alongside shifts in economic
policies such as the shifts from Keynesianism (pre-1960s) to monetarism (1960-80s) to neo-
liberalism (1980s-present).
As Marx traces this out in detail in chapters 26, 27 and 28 of Capital, Volume One and as
critical criminologists such as Chambliss and Althusser argued, the criminal justice system is
essentially a tool of the capitalist class. However, this view that the system always operates as
an arm, or instrument of, capitalism has been critiqued as overly conspiratorial. Some Marxist
criminologists debate whether things are really so instrumental.
A Marxist criminologist named Richard Quinney (1978) argued that there are instrumental and
structuralist Marxist positions. An instrumental Marxist position continues the understanding
put forward by Marx, that the state apparatus and criminal law exists as a direct result of
capitalism to uphold capitalism and the capitalist mode of production. A structuralist Marxist
position argues that governments are somewhat autonomous and are not simply installed by
the owning class. For example, structural Marxists Leo Panitch (1977) and Nicos Poulantzas
(1975) argue that the state acts on behalf of capital, not at its behest. Theorists such as these
suggest that although governments might pass laws that appear to help protect the population
(i.e., minimum wage, labour law) and reduce the power of the owning class, overall, police and
corrections operate to maintain the capitalist economy (which as discussed above is, at its base,
unequal and supports the wealth and power of a small number over the majority).
Structural Marxists agree that law works to ensure capitalist accumulation and to maintain
conditions where the generation of wealth is possible. This is often called the structural
imperative or the way social structures create reality. Louis Althusser (1969, 1971) was also
interested in how law and criminal justice are legitimised or normalised in the thoughts of
the general population. Therefore, structural Marxists focus less on the coercive nature of law
alone and more on the ideological function of law. Quinney and others examine how ideas
of crime and criminals are shared in the general population. Marx and Engels wrote in The
German Ideology (1947) about how the mode of production of capitalism gave rise to people’s
false beliefs about society and their role in it. They referred to this as “phantoms formed in the
human brain that appear upside down….. that sublimate material life processes.” Contemporary
Marxists argue ideologies are necessary to support and legitimate the actions of the state
to enforce definitions of crime in law, policing and corrections. These ideologies are often
detached from the broader social system and individuals are thought to be responsible for their
behaviour. Ideologies are comprised of all the ideas we form about crime and criminals that are
communicated by social institutions from family, school, media and politics, but are essentially
about supporting ideas that hide the coercive nature of the capitalist mode of production.
Althusser (1971) called these institutions the ideological state apparatus. These concepts about

crime include ideas like criminals are bad, punishment is good and helpful, and law is equal.
However, according to Marxist theory, laws are created to make sure capitalism continues to
thrive and to control the conduct of individuals who might threaten it. This is also known as
hegemony, or when the ideas of the dominant class become the ideas of everyone (Gramsci,
1971).
Structuralists offer a compelling set of arguments about the law-society relationship. This
includes how ideas of human rights and democracy become used to justify and legitimate
oppressive law. Anatole France, a French novelist, captured this ideology of equality in his quote
“the Law in all its majestic impartiality forbids both rich and poor alike to sleep under bridges,
to beg in the streets, and to steal bread.” This quote speaks to the ideological dimension of law,
which often clouds the exploitive relations of law itself. This ideology of capitalism and crime
is the illusion that capitalism is noncoercive; therefore, the law itself is an ideological form
(Reiman, 2013, p. 229).
Another dimension of Marxism we find in critical criminology is the study of corporate crime or
crimes of the powerful (see chapter 15 Crimes of the Powerful). Sutherland (1949) distinguished
between working class crime and crimes of the elite or “white-collar crime.” The criminalisation
of both categories of acts are related to capital accumulation: working class crimes such as
theft uphold private property relations, assault upholds the need of a healthy body to work,
and crimes of the elite such as fraud or insider trading uphold “proper” relations of capital
accumulation. However, it is more difficult to criminalise wrongdoings of the powerful. Laureen
Snider and Steven Bittle study Canadian corporate crime and its legislation. Their research
shows that police rarely enforce legislation such as Bill C-45 (Bittle, 2012). Bill C-45, often
referred to as The Westray Bill, amended the Criminal Code to outline the criminal liability
of organisations/corporations. The Westray Disaster saw 26 miners in Nova Scotia die in an
explosion in 1992. The disaster was said to be the fault of the corporation that owned the mine,
but they could not be criminally charged under the legislation of the time. Bill C-45 defines
criminal liability for corporations. However, Bittle (2012) contends the new legislation is rarely
enforced for several reasons including the contention that criminalising actions of capitalists
is dangerous and could harm capital accumulation, thereby affecting jobs and profits (Bittle &
Snider, 2015). For more on the dangers of exposing these crimes see chapter 15 Crimes of the
Powerful.
Summary
Marx himself and later Marxists provide an important foundation for thinking about critical
criminology and for thinking about the role of law, police and prisons in our society. By
examining how the relations of capitalist production create systems such as police, courts, and
corrections to maintain and legitimate the expropriation and exploitation of land and people,
10.2 Marx and the basis of Critical Criminology | 277

as well as studying ideologies that cloud this exploitive dynamic, Marxist conceptions of critical
criminology are an important foundation of critical criminology.

10.3 Post-Structuralism: Foucault and
Critical Criminology
Foucault, Marx and Power
Another key figure in critical criminology is Michel Foucault. While not a Marxist, the influence
of Marx is evident in his work. As discussed above, for Marx, power is always connected to
economic power and how it manifests at the level of the state. Marx’s contemporaries focus
on how bloody legislation and state repression to uphold capitalist relations of production/
capitalist social structures. Foucault reconsidered how power works, and he has been called
a [pb_glossary id=”2606″]post-structuralist[/pb_glossary]. He argued that simply focusing
on power as equal to the law creates a kind of “sterilizing political consequence” (1990, p. 79).
Instead, he views power via language and how we think and know about things, or in other
words, how power works between people, not on people.
What makes Foucault’s work important is that he extends or broadens the analysis of power
away from economic re/oppression into thinking about power existing flowing/circulating
between people and groups/institutions. A student of Althusser, Foucault rejected the idea that
people were duped into submission by ideology, arguing instead that people actively engaged
with power on a daily basis. For Foucault, power operates like a network of relations that we
are all a part of. This encompasses more than economic power, and includes power in the
form of language and action. He argued that thinking about power this way encourages us to
understand power similar to a building block in how things get made, composed or constituted.
As critical criminologists, if what we are interested in is investigating power relations, turning
to Foucault helps broaden our scope of analysis.
Phases of Foucauldian Thought
Foucault’s arguments changed over time. Although it is difficult to periodise or categorise

Foucault’s work, some have argued that there are three movements or phases to Foucault’s
thinking. The first is called the archaeological phase, the second is the genealogical phase, and
the third is the phase of ethics.
In the archaeological phase, Foucault (1972) is interested in the emergence of discourses and
how these are translated into techniques or methods of power. In this case, power is not
10.3 Post-Structuralism: Foucault and Critical Criminology | 279

thought of as repressive but is based in knowledge and takes the form of charts, maps, diagrams
and tables that make human activity understandable.. A discourse is the general domain of
all statements and classifications about some topic or issue, such as the discourse of child
development (e.g., benchmarks of biological, emotional, and psychological changes occurring
in young people as they grow) or discourse of victimhood (e.g., the condition of being hurt,
damaged or made to suffer) (Gorkoff, 2011). Grounded in this way of thinking, rather than seeing
law simply as a bloody mechanism or a mechanism of force, Foucault understands law as a
discourse or a mechanism for categorising and classifying people, and he uses developments in
the human and natural sciences to do this.
Discourse is like a system of categories captured in language that creates the way we perceive
reality. Foucault said discourse is both an instrument and an effect of power. In the study
of criminology, discourse is important. Discourses that come from and are used by courts,
tribunals, commissions of inquiry, and the law itself operate as a machine for trying to produce
truth out of complexity and for trying to categorise human beings in particular ways. Discourse
therefore becomes a transfer point of relations of power between groups (such as prisoners,
advocates, and politicians) and how a social issue/occurrence gets framed or thought about as
a problem.
For instance, the criminal is a key discursive category. Public discourses about the criminal as
immoral, violent, troubled, abnormal, and to be feared or avoided appear commonsense. These
discourses become entwined with discourses of law, punishment, and justice. Foucault would
encourage us to examine these descriptors and their relations, and how they create particular
realities. This language extends beyond the criminal justice system and we can examine how
the criminal is amplified and reinforced in crime literature and television/movies that feed on
the fascination with the sensationalistic imagery of criminal life. We can focus on how these
notions of criminality inscribe meaning and play a central role in historical and contemporary
social and cultural life (see chapter 12 Cultural Criminology), as well as the role these discourses
play as mediators of social debates and crises (Atack, 2001).
Many other categories and classifications are important for Foucault as well. In this
archaeological phase of his work, Foucault is trying to locate or dig up where these
classifications and categories we take for granted today emerged.
In the second phase of Foucault’s work, which we can call genealogy, Foucault (1975) is
interested in not only techniques of classification, but how these types of classifications or
discourses turn into different mechanisms of discipline and normalisation. For instance, he
examines how techniques of discipline and normalisation that developed in the criminal justice
system developed and operated in parallel ways in other institutions such as in education,
factories, hospitals, and asylums. He details the historical development of timetables that
organise one’s day and discipline one’s activity. In prisons, prisoners are subjected to a timetable
that structures their day, requiring them to rise, eat, work, and sleep at certain times. This
disciplinary timetable was used in numerous social institutions that developed around the
same time. Schools used timetables to organise the day and discipline students into routines.
Factories used timetables to order shifts and ensure the discipline of workers. Foucault argues

that all these places tend to resemble one another to the extent that they deploy similar
techniques of discipline and normalisation. Foucault uses the term the carceral to articulate
the multiple networks of diverse elements and the power of normalisation that extends into the
entire social body, how these things are tethered to one another, and how they reinforce one
another over time.
In his key genealogical work, Discipline and Punish (1975), Foucault focuses on a detailed history
of how punishment changes from the body of the condemned (hanging, beheading) to the soul
of the convicted (therapy, reflection, confinement, etc.). In the primary punishing institution,
prison, the soul of the convicted is no longer tortured in public, but instead is subjected to
hierarchical observation, normalising judgements, and practices of discipline. These practices
and techniques of punishment eventually become normalised. These techniques of disciplinary
power are not about the use of the bloody power of the state on the individual, but how
things such as a daily schedule, self-control over posture and bodily functions, and the use of
surveillance become the mechanisms people find themselves exposed to, and how institutions,
programs, and polices are created. This approach is nuanced enough to understand how
domination operates and develops in different ways in various social settings. For Foucault,
power and domination are not limited to the state. There are power relations operating that
do not simply stem from law or from the state apparatus, but are actually located in individual
relationships (e.g., guard/prisoner; lawyer/accused) though they may reinforce them at some
points in time. The terms and processes Foucault advances allow for critical criminologists to
locate power relations and domination in a multitude of sites and further, in a genealogical way.
The third phase of Foucault’s work is often referred to as the phase of ethics, where Foucault
(1990) turns from an interest in the genealogy of disciplinary institutions to self-control or self-
discipline and ultimately to how individuals engage in “care of the self” or makes themselves
up as people or what he called an “ethical self.” In The History of Sexuality, Volume One, and
elsewhere, Foucault (1982) shifts from studying technologies of institutions to technologies of
the self. In his book, he examines how sex is spoken about and how it is known, then how
individuals who engage in sexuality form themselves as sexual beings based on this knowledge.
This includes understanding how we conduct ourselves as people. It is focused on how we
make ourselves good students, good workers, good athletes, good partners, etc. In other words.
Foucault was interested in how people governed themselves in a free society, how we make
ourselves into members of society, and how we control our own behaviour.
Foucault is careful to note that self-governance does not happen in a vacuum. It may happen
in relation to those forms of knowledge (discourses) Foucault uncovered in his archaeological
work, or in relation to the discourses Foucault investigated in his genealogical work. This raises
a number of interesting questions such as how we make ourselves into subjects of law (juridical
subjects) including being, or not being, a law-abiding citizen. He thought that although we
seemingly have the freedom to control our own actions (e.g., freely obey the law), Foucault
outlined that these choices are not truly free, and that we are “governed from a distance” by the
discourses and knowledge that we experience.
Foucault’s work allows us to think about power as an intersection between a knowledge about

something, and techniques of organising the behaviour of others and/or ourselves. He gives
this the term governmentality, which is the analysis of who can govern and who is governed
but also the means by which our own and others activities are shaped (Foucault, 1990, 2005,
2011). In his final lectures, Foucault offers this concept as a tool for looking at the intersection
of these different phases of his work. The goal is to examine how a governmental rationality or
some kind of classificatory system intersects with the way a whole population starts to govern
itself or make itself intelligible.
Locating Foucault
Again, these are simply our musings about Foucault’s work. Not everyone will agree with this
distilling of Foucault’s whole corpus into these movements of thought and there have been
some interesting adaptations and debates. For example, Alan Hunt (1992), an important Marxist
figure in legal studies and criminology, suggested that by broadening the scope of what power
means, and at times offering multiple fluid definitions of power, Foucault expels law from his
analysis. Remember, according to Foucault, equating power with law and the state creates a
sterilising political consequence meaning that it stops any other way of thinking about law
except as oppressive. However, Hunt suggests it might be equally sterilising to argue that
power is so fluid that it is found everywhere, including in one’s own governance of their
thoughts and bodily practices. Hunt (2004) has further developed this into the conceptual
framework of law as governance, bringing Foucault and Marx together, in some ways. His work
on governing consumption brought together how law (around food, clothing, etc.) and self-
regulation (deciding what to eat and how to dress) work together to construct dominant and
normative moral positions.
Foucault remains incredibly important for a critical criminologist because he allows for a more
open analysis of power and domination, that is not reducible to the state apparatus, law or
capital. Some Marxists, including Alan Hunt (2004), found it appealing, and fruitful to work with
Foucault and Marx together, seeing as how they complement one another. Foucault’s work has
led to a whole area of study referred to as governmentality studies. Scholars such as Mariana
Valverde (2010), Nicholas Rose (1993), and David Garland (2001) have identified themselves
as governmentality scholars and contributed much to critical criminology in this vein. David
Garland’s work on cultures of control could be construed as a type of governmentality studies.
We discuss his work below.
Garland, Governmentality and the Culture of Control
David Garland picked up on Foucault’s concept of governmentality and his method of genealogy

or history of the present to write several articles (1997) and a book (2001) analysing how crime
is problematised and controlled by examining the structure of the crime control apparatus that
has emerged out of cultural, social, and economic shifts in society. Garland linked Foucault’s
idea of the self-governing subject and how power creates people, to a history of crime control
policies (both governmental rationalities and technologies of crime control) in the United States
and Britain between 1970 and 2000.
He was particularly interested in how the penal welfare state that was designed to assess,
diagnose, and treat offenders changed into a third sector of crime control characterised by the
rise of prevention and security apparatuses. He details how the system moved from a system of
punishment and rehabilitative justice (where those convicted of crimes received treatment for
what caused their offending) to one of safety and risk management (the management of spaces
and people who were risky). He details the rise of victims’ rights movements and interest groups
such as women’s groups calling on the criminal justice system to address rape and domestic
violence and neighbourhood groups asking for more police presence or safety programs in their
community.
Garland details how this creates a new culture of crime control focused on three things: first,
the transformation of penal welfarism/rehabilitative punishment; second, a criminology of
control; and third, one that uses economic styles of reasoning (risk) over social reasoning.
In the transformation of penal welfarism, Garland outlines how rehabilitation gets redefined
away from the offender’s needs to the safety of the victim and protection of society. For
instance, whereas an offender who may have committed a crime because they suffered from
addiction would be given community treatment under penal welfarism, if that prisoner rates as
high risk on a risk assessment tool, they could be incarcerated where they could be more easily
managed.
This transformation affects how prisoners are treated in prisons, where they are tracked,
monitored, and controlled based on the risk they are said to pose to society at large. This
process often includes the use of tools and knowledge such as abstract risk categories, which
Garland suggests are ways to “govern offenders from a distance” and engage them in their own
self-responsibilisation. This is accompanied by a change in normative criminology to study the
criminology of everyday life and the criminology of the other, which is based on the desire for
expressive justice, zero tolerance and individual safety. Such interventions are assessed based
on cost-benefit analyses and techniques of managerialism in which the point of crime control is
to manage risk.
Garland details how these changes occur as political, cultural and economic structures take
on a neo-liberal form, similar to the way Gordon (2005) talked about changes in policing we
discussed earlier in this chapter. These changes result in different forms of governmental power
(e.g., new types of punishment) how we govern our own conduct and the conduct of others,
and how we make ourselves up within these new sets of social relations. For the criminal justice
system, he argues that new culture of crime control changes the way we think about people
who break the law; we begin to see them not as people who need rehabilitation, but as others

that pose risk and as delinquents to be feared, controlled, and responsibilised. This changes
the way we think about crime and the criminogenic situation as one to be managed using
law and order practices, securitising places and spaces using more aggressive individualised
surveillance practices. We can see examples of this in the many security or CCTV cameras in the
spaces and places we go such as shopping malls, parking lots, and schools. Garland argues that
this new culture of control does not help communities become safe spaces but instead makes
us afraid of those around us.
These three elements of control become entwined in a way that cannot be reduced to a single
formula. Instead, they constitute a field of power relations that draws attention to the impact
of new knowledges and technologies upon the power relations between governmental actors as
well as between the rulers and the ruled (Garland, 1997, p. 188).
Summary
Foucault gave critical criminologists concepts that expand the ways we think about law, control,
and power. By engaging the subject, he outlines the ways in which knowledge itself becomes a
form of power by which laws get created and maintained, how people interact with discourses
to regulate their own conduct and the conduct of others, and how this translates into systems
of carceral control. Foucault’s concepts have been taken up in a variety of ways in critical
criminology, and he remains a key figure in these discussions.

10.4 Emergent Elements of Critical
Criminology
This next section focuses on three emergent elements in critical criminology: one we believe
is core to the area of contemporary critical criminology and two that can contribute to critical
criminology and are methodological in orientation. The first has to do with the expansion
of discussions of police and penal abolition (and relatedly, convict criminology). The second
pertains to the use of freedom of information (FOI) requests and computational methods in
criminology and criminal justice studies, which are both investigative techniques that have
major methodological implications for performing critical criminology research.
Police and Penal Abolition
When one thinks of abolition, they likely think about abolishing prison before abolishing police.
Prison abolition, sometimes called penal abolition, focuses on the whole set of sanctions,
rules and punishments involved in institutional and community corrections. However, the
idea of police abolition has recently become more popular. Since the police killing of George
Floyd in May of 2020, police abolition has become a frequent and popular topic of public
discussion. Police abolitionists argue that public police exist only to enforce social order. Public
police do not provide real safety, though they cause much harm through violence, racism,
and corruption. Here we elaborate on some of the roots of police and penal abolition while
discussing contemporary developments. At its theoretical core, much abolitionist work draws
on both Marxist and Foucauldian conceptions that posit criminal justice systems as part of the
social structure and discourse.
Discussions about police abolition have roots in the Black radical tradition in the United States,
and the Black feminist tradition. Police abolition was also a core feature of the Black Panther
Party. The Black Panther Party and movement called for more community responses rather
than state responses to transgression and critiques of the violence of the state articulated
through police (Jeffries, 2002). A number of Black feminist scholars, from Beth Richie (2012) to
Andrea Ritchie (2017) among others building on the work of Angela Davis (2011), have been calling
for police abolition for some time and in regard to particular transgressions such as violence
against women and domestic violence. Thus, even for these types of transgressions, the Black
feminist tradition recognises that police often cause more harm, and amplify harm, to women
in these scenarios.
Before 2020 in Canada, a very important work, Policing Black Lives by Robyn Maynard (2017),
10.4 Emergent Elements of Critical Criminology | 285

was published. Maynard’s book called for police defunding and abolition, arguing the police
are an institution that upholds white supremacy and does not address transgression in a way
that decreases harm. Instead, policing increases harm, and state violence and police as an
instrument of state violence need to be reduced and dismantled. This explicitly abolitionist
work then became important in the spring and summer of 2020 when the police abolition
movement in Canada and the United States flourished in mass mobilisation and protests against
police.
In the two years since that mass mobilisation against police, a number of other important
abolitionist works have emerged. In Canada, for instance, Until We Are Free: Reflections on Black
Lives Matter in Canada, edited by Diverlus, Hudson and Ware (2020), is an abolitionist work
focusing on the intersection of social control and white supremacy in our society. Disarm,
Defund, Dismantle: Police Abolition in Canada, edited by Pasternak, Walby, and Stadnyk (2022),
brings together activists and academics to explain why police abolition is necessary to move
toward a free and just society. And Insurgent Love: Abolition and Domestic Homicide by Ardath
Whynacht (2021) adopts an abolitionist view to assess the failures of policing to address the
most serious forms of harm and transgression in our society.
These works do not all identify as criminology and are not popular within the discipline of
criminology as they represent a critique of its orthodoxy. However, we would argue that an
abolitionist approach fits well among Marxist and Foucauldian concepts that ground critical
criminology. Similarly, we could claim that Purnell’s (2021) Becoming Abolitionists: Police,
Protests, and the Pursuit of Freedom in the United States is adjacent to criminology and criminal
law. Most criminologists would not have heard of it, unless they pay attention to abolition. Yet
we would argue that Purnell’s text has much to offer regarding why even people who work in
the criminal justice system should take abolition seriously. This is among the works that should
be incorporated into critical criminology as it adopts more of an abolitionist point of view.
Purnell is someone who has experience working in the criminal justice system. It is from those
experiences that they developed an abolitionist perspective.
There are some criminological works that do provide an abolitionist perspective. For instance,
McDowell’s (2019) article on insurgent safety theorises alternatives to policing and argues
that state-sponsored social control fails to provide real safety against harm/transgression
and fails to reduce it. They argue that community-based safety is the only way to reduce
harm/transgression and achieve safety. Fernandez (2019) likewise argues that critical sociology
and critical criminology should adopt an abolitionist perspective. McDowell and Fernandez
(2018) wrote about the practice of police abolition in the journal Critical Criminology. This is
a landmark article for discussions of police abolition, which shows that this topic predated
the 2020 mass mobilisations against police and that there is an affinity between discussions of
police abolition and critical criminology. This article makes a compelling case for disbanding,
disempowering and disarming police and argues that criminologists should orient their
research agendas in this regard. Alex Vitale’s (2017) The End of Policing makes the argument
that police fail to reduce harm/transgression. Vitale argues that police reform (making changes
to the existing structure of policing) is a failed endeavour and reforming police actually allows

them to accumulate more resources for police and less to community-based safety. It never
changes the institution. This is a common argument against reform made by several critical
criminologists who claim that the system works as it is supposed to work to support the
relations of marginalisation and capitalist power (Lynch, 2000; Colaguori, 2005; Gordon, 2005).
There is also Siegel’s (2017) work on abolitionist police history and police work as violence work.
All these contributions demonstrate the affinity between a police abolitionist approach and
critical criminology and are among the major contributing schools of thought in the abolitionist
line of argumentation.
Prison abolition and penal abolition are more well-known in criminology compared to police
abolition contributions back to the 1970s. Claire Culhane was a prominent prison abolitionist
in Canada who began her work in 1974 when she became a teacher in a provincial prison for
women. She became an activist and advocate for human and legal rights of prisoners and was
a founding member of the Vancouver activist group Prisoners’ Rights Group and hosted a cable
TV show called Instead of Prisons. In Culhane’s (1991) book No Longer Barred from Prison, she
made connections between the politics of imprisonment and the socio-economic practices of
the state. She argued that the reliance on imprisonment for addressing social problems speaks
more to our failure as a society to provide for all its members than it does to success in
maintaining public safety.
The most well-known prison abolition works are those of Thomas Mathiesen, who in the 1970s
and 80s argued for prison and penal abolition. Mathiesen (1974) offers some useful concepts. For
example, Mathiesen focuses on positive and negative reforms and argues it is not contradictory
for abolitionists or critical scholars to advocate for negative reforms, that is reforms that
diminish the power of the state and diminish the power of carceral institutions. However, it is
contradictory to argue for positive reforms or reforms that do add to the power of the carceral
state. Mathiesen also gives us the concept of the unfinished. Mathiesen argues there is no
precise or exact formula for abolitionist inquiry or activism. Instead, there is a terrain of shifting
tactics and strategies. Questions of negative reform and penal power constantly emerge. The
project of abolition is ongoing and requires constant struggle and analysis.
The works of Mathiesen have inspired a generation of penal abolitionists. In Canada, the
works of Justin Piché (2014) are explicitly abolitionists and have focused on penal and carceral
abolition. These works focus on penal expansion, and prison and jail construction/
development. Piché has noted that there are shifting targets of penal and carceral abolition
that may extend toward immigration detention practices (Piché & Larsen, 2010). Nicolas Carrier
has written about the blind spots of abolitionist thinking, and the need for penal abolitionists
to think seriously about the kinds of limit cases or the most difficult cases for abolitionists to
address. These would include mass murderers or offenders who hurt children (Carrier & Piché,
2015a, 2015b). Carrier pushes abolitionists thinking to address the toughest cases, not the lower
hanging fruit such as crimes related to poverty or disorder, Piché et al. (2019) and Carrier et al.
(2019) have provided a history of penal abolition scholarship in Canada (also see Walby, 2011).
There are other penal abolitionists outside of Canada who have contributed to this school of
thought that criminologists should be aware of and that critical criminologists should engage

with. In the United States, McLeod (2015) argued that prison abolition should be an accepted
perspective within legal studies and criminal law and argued that prison abolition is necessary
for justice to exist in the world. Saleh-Hannah (2017) argues that abolitionist approaches to
prison must take seriously the issues of racial justice and gender that feminists and critical race
scholars have pointed to (see chapter 4 Race and Crime). An abolitionist perspective that does
not account for other forms of domination, such as racism and sexism would not be a complete
abolitionist theory. Complete penal abolition needs to account also for racial domination and
gender domination.
Consistent with critical criminologists’ contention that rethinking what we perceive as normal
is necessary, critical scholars and activists focus on ways to undo these infrastructures and
institutions not only physically but mentally. This requires us to develop new ways of speaking
about and responding to harm/transgression, which is a common theme across police and
prison abolitionist work. It also reminds us of the ideas of how ideology and hegemonic thinking
about crime needs to be unravelled. Whalley & Hackett (2017) argued that feminist scholars need
to take penal abolition more seriously because any kind of carceral feminism, or feminism that
advocates for police and prison responses to things like gendered violence, is contradictory and
undermines the goal of both feminism and critical/abolitionist criminology to live in a world
free of domination. Whalley and Hackett (2017) make a strong argument for the abolitionist
project and against carceral feminism that Garland outlined in Culture of Control. Similar to
Carrier, Davis & Rodriguez (2000) argue that prison abolition does involve challenges, such as
how to respond to a transgression and how to respond to harm that occurs in the community.
These are key questions that police in prison abolitionists and penal abolitionists must address.
Brown & Schept (2017) argued that there is a new abolition emerging in critical criminology
and critical carceral studies in the United States. They argue that this approach brings together
critical geography and critical criminology. For example, Brankamp’s (2022) article on the
humanitarian border and immigration migration camps and detention centres is part of this
new abolition. Whether this is a new abolition or an extension of current discussions of penal/
carceral abolition is an open question. Brown and Schept (2017) do not point to the Canadian or
UK work in this area when advancing these claims about new abolitionist schools of thought.
The point is that there is a movement to go beyond prison abolition and focus on penal, and
carceral abolition, which would include all kinds of carceral sites that need to be investigated
and confronted. This is consistent with Marx and Foucault who argued that the criminal
justice system is entwined with other social formations, discourses, and institutions and social
transformation cannot happen in one system alone.
There are also some adjacent works that do not explicitly identify as abolitionist, but provide
compelling tools and arguments in this vein. For instance, Pemberton’s (2007) work on social
harm is useful for showing how prisons and police create social harm. Instead of being
conceived as a response to harm, it is argued that they create social harm in numerous ways
including harming entire communities and neighbourhoods that become criminalized. The
concept of social harm is useful for thinking about the negative consequences of the criminal
justice system and also for introducing some language not based on the ideological language

of crime and criminal law, which reproduces stereotypes (like the discourse of “the criminal”
discussed above) and assumptions regarding who is engaging in harm/transgression.
Clear’s (2009) Imprisoning Communities is an incredibly important book on how imprisonment

creates more harm than it avoids. Using quantitative data, Clear demonstrates that
imprisonment undoes social bonds in neighbourhoods and communities where criminalization
is high. Imprisonment increases divorce rates, decreases education rates, decreases
employment rates, and dissolves the community. Pemberton’s (2007) notion of social harm and
Clear’s (2009) notion of imprisoning communities show that prisons and jails are not only failed
institutions in the sense that they fail to produce rehabilitation at an individual level, but they
are damaging and harmful institutions at a social level because they have the capacity to damage
entire communities and neighbourhoods where policing and criminalisation is high, often in
already marginalised and racialised communities.
Hil & Robertson (2003) wrote about the future of critical criminology and the need to continue
the project undertaken early on by those studying “new deviancy” to create different
terminology and language that is an alternative to criminology itself. Today, it is difficult to
imagine critical criminology without the terms and insights that police abolition and penal
abolition work has provided. The future of critical criminology needs this abolitionist work to
truly provide not only an alternative to criminology but an alternative to the criminal justice
system. One major difference between abolitionist critical criminology and some forms of
critical criminology which remain mostly analytical, is that it is engage and scholar activist
oriented. Abolitionist critical criminology provides analyses and it provides investigations, but
it also advocates for material change. It follows the path of critical social sciences with a focus
on deconstructing dominant knowledge and engaging in social transformation by questioning
taken-for-granted ways of thinking or knowing.
Convict Criminology
Another important approach somewhat connected to abolitionist work is convict criminology.

Convict criminology is an approach to criminology that privileges the voices and standpoints
of persons who have been criminalised or who have been affected by the criminal justice
system (Richards & Ross, 2001). Experiential people combine their time inside prisons with their
academic knowledge to provide new insights into the operation of the criminal justice system.
Convict criminology began two decades ago (Jones et al., 2009) and was largely a US-based
approach bringing together scholars who had experience behind bars or experience being
criminalised to use their insights as a platform for analysing the criminal justice system and
exploring the power relations involved in the criminal justice apparatus. Using ethnographic
methods and empirical research, they highlight the destructive impact of prisons and penality
from an experiential position.
Convict criminology has now branched out and become a global phenomenon (Ross et al., 2014).

What is important about this expansion is that convict criminologists in different countries
are uniquely positioned to shed light on and investigate the criminal justice system in each
country, and to provide comparative insights. The works of convict criminology are experiential
and provide insights from inside prisons and jails, which is important because scholarly
criminological work that is more or less based on deductive academic concepts can not only
be wrong, but also be harmful and alienating to people who have experienced the harms of
the criminal justice system. Rather than providing a deductive armchair approach, convict
criminology provides a more inductive and immanent understanding of criminal justice
processes. The Journal of Prisoners on Prisons is the official journal publication of convict
criminology. Today, it is almost impossible to think about what critical criminology would be
without including convict criminologists and the kinds of inquiries they provide.
In sum, abolitionist thinking provides the alternative to criminology and the criminal justice
system that critical criminology should be seeking. Convict criminology provides experiential
voices that are pivotal to critical criminological studies.
New Research Tools for Critical Criminology
In addition to the vast range of empirical and ethnographic methods of research used by critical
criminologists, many methods of critical criminology are anti-positivist in orientation. This
means the use of the scientific method or natural science methods (see chapter 5 Methods and
Counting Crime) is viewed as problematic in the social sciences because according to Habermas
(1967), the social has a symbolically pre-structured reality which cannot be considered objective.
This concept is parallel to what Foucault claimed – that what we think of as normal or
observable is not always what it seems and is often embedded with power relations. Therefore,
critical criminology requires an orientation to research that recognises this.
Most critical criminology uses historical ethnography, qualitative methods, institutional

ethnography, and critical discourse analyses, which we will not explore here. In addition,
many critical researchers realise that the trustworthiness or credibility of interviews with police
or corrections workers can often be low. To overcome this concern, the records of related
government agencies need to be examined to identify broad patterns. This would allow research
to work around the rhetoric or clouded information that criminal justice agencies make public
which has been argued to be a form of camouflage used to protect their own interests and
budgets (Mussel et al., 2022; Piché et al., 2017). Based on this concern, two methodological
developments can aid in critical criminological research: the use of FOI requests and the
use of computational methods. We argue that these methodological considerations should be
considered as part of the future of critical criminology.
First, more critical criminologists are turning to FOI requests as a form of qualitative research to
investigate state and criminal justice practices. FOI requests allow access to state records that
would otherwise not be disclosed (Walby & Luscombe, 2017, 2019). These records could include

anything from planning and budget documents to meeting minutes to emails between criminal
justice officials and occurrence reports of police officers and prison guards. As a number of
works have found, FOI requests can provide illuminating investigative accounts of criminal
justice. In Canada, the works of Justin Piché (Piché et al., 2017; Piché, 2011, 2012) have used FOI
to compare front stage rhetoric (or what we see in the public) to the backstage practices (what
really goes on) of prisons and jails. FOI has been used to investigate paid duty or special duty
policing (Lippert et al., 2019) and to police militarisation and SWAT team deployment (Roziere &
Walby, 2020). FOI research has been used to address police responses to social movements and
police surveillance of social movements, notably in the work of Jeffrey Monaghan (Monaghan &
Walby, 2012a, 2012b). This method allows for the release of information about the nature of state
action and inaction and provides evidence of changes in criminal justice work and the nature of
state power.
For example, Roziere and Walby (2020) gathered FOI data on the deployment of SWAT teams by
Canadian police. They found that, contrary to police communications, the use of SWAT teams
in major Canadian cities has escalated, and they are used in routine law enforcement activities
such as traffic enforcement and in responding to mental health crises. This is critical evidence
that police in Canada are becoming increasingly militarised.
As some of this research has made clear, there are benefits to using FOI in critical criminology
and investigative research more generally. Luscombe and Walby (2015) have advocated for using
FOI in conjunction with other investigative techniques, such as computational social science
(also see Luscombe et al., 2017), another emerging research method (Luscombe et al., 2022;
Luscombe et al., in press; Williams & Burnap, 2016; Al-Zaidy et al., 2012). Here we argue that
critical criminology can harness the power of computational social science to add another
investigative tool to its methodological toolkit. Computational social science involves using
computers to model, simulate and analyse social phenomena, and to assess patterns and trends
in working with big data. Big data could be anything from corporate databases or government
data, which could be obtained using FOI (Luscombe & Walby, 2022). Or it could be any other
kind of open-source record from government deliberations to social media data. This could
include studying image data from newspapers or social media, police news releases, or legal
decisions spanning decades. It could also include scraping websites, which involve writing a
computer code that scans through websites to collect select data. The point is one wants to
work with a gigantic dataset that could not feasibly be examined by humans using discourse or
content analysis.
In computational research, what one does is write a code (using R or Python) to perform
different tasks on the dataset that reveal something about trends or patterns in that data. For
example, one approach is topic modelling. Topic modelling gives one a sense of the various
topics emerging and their frequency in a large dataset. Others are sentiment analysis (SA) and
social media sentiment analysis (SMSA) or “opinion mining”, which allows one to trace out the
sentiments or emotional terminology appearing in, for example, a large social media dataset.
This could reveal how certain speakers or authors are framing, or discussing a social issue such
as transgression, crime or responses to these phenomena. Prichard and colleagues (2015) argue

that SMSA is a powerful tool for researching public attitudes toward crime and crime control
and can summarise publicly expressed thoughts, beliefs and arguments about what behaviour is
criminalised, how categories of criminals are perceived and how police operate.
An example of this method is found in research focusing on attitudes toward the health of
incarcerated people during the COVID-19 pandemic as it relates to prison reform (Ramjee et
al.,2022). Utilising SA to assess emotions and opinions in newspapers, they found support for the
urgency of criminal justice reform in the USA as it related to the health of racialized minorities
who were incarcerated.
These computational techniques alone do not necessarily provide a definitive investigative

outcome, but what they do is tell critical criminologists where to look in a large dataset. They
can tell critical criminologists what is happening in a certain area of practice with a certain set
of records, which the critical criminologist can then explore more deeply in depth using other
investigative and qualitative techniques.
Computational research requires a particular skill set that involves computer coding and even
some quantitative techniques. But we would argue that when it comes to critical criminology,
what computational social science can add is insights about where to look for what is happening
with records (Luscombe et al., 2022; Luscombe & Walby, 2022). Narrowing down exactly where
certain trends or patterns are emerging in a large data set is useful for making particular
arguments and conclusions about the criminal justice system. Computational social science
also allows researchers to work with the increasingly prevalent forms of online and digital
data. More digital data are produced every month and computational research is designed to
pry open big data and see what trends and patterns are there. A more digital information
flows become integrated into criminal justice work practices, computational social science will
become an increasingly important tool for critical criminologists.
FOI requests and computational social science techniques provide investigative tools that can
be useful to a critical criminologist. It is not surprising that investigative journalists are
increasingly using FOI requests and computational social science techniques because they are
also encountering barriers to traditional investigative techniques like interviewing or keeping
insider sources. We argue that critical criminology should move in the same direction. FOI
requests, computational techniques, and other investigative techniques should be used to both
examine state criminal justice practices and confront them.
Summary
We have argued that police and penal abolition should be central to critical criminology, and
that critical criminology should embrace police and penal abolitionist works even if they do not
explicitly identify as criminological. These works on police and penal abolition provide insights
into criminal justice practices and alternatives to both criminology and the criminal justice

system which we have argued critical criminology is all about. It is not surprising that police and
penal abolitionist works have provided such a useful set of terms and insights for resisting not
only the criminal justice system but criminology itself, precisely because many of these works
are located outside the discipline of criminology and outside the institutional networks that
exist between the criminal justice system in criminology.
We have also argued that FOI requests and computational social science can provide
methodological tools for critical criminologists to use to investigate criminal justice practices
and institutions. FOI requests and computational techniques are promising investigative tools.
They have limits and barriers, but they provide an alternative to positivist methods and
overcome some of the limits associated with qualitative research methods.

10.5 Conclusion
Critical criminology appears abstract and difficult, but in many ways, it is simple. It has its
beginnings in the critical theories of Marx and the conception of repressive power as it is linked
to the state and the capitalist economy. It was expanded by Foucault who thought about power
as constitutive and all- encompassing, considering people as part of the processes of power in
how they regulate themselves and others. Contemporary critical criminology has largely settled
on abolitionist thought. All these different ways of thinking about criminal justice share the idea
that existing systems are inherently violent therefore, they must be rethought, denaturalised,
and deconstructed in an effort to emancipate and create material change.

1. What are Marx’s main contributions to understanding law and criminal justice?
2. What are the main phases of Foucault’s work? How are they similar and how are they
different?
3. What are the primary differences between Marx and Foucault’s understanding of power?
4. How do abolitionists understand criminal justice reform?
5. What critical research tools can scholars use to investigate criminal justice agencies?

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11.1 Foundations of Feminist Criminology
DR. ROCHELLE STEVENSON; DR. JENNIFER KUSZ; DR. TARA LYONS; AND DR. SHERI FABIAN
It is helpful to begin with a brief definition of feminism. A central definition can be challenging,
because as the Break Out Box below illustrates, there are many kinds of feminism, each with
their own unique focus. However, there are features common to every type of feminism that we
can use to establish a solid foundation when exploring feminist criminology. Primarily, feminism
argues that women suffer discrimination because they belong to a particular sex category
(female) or gender (woman), and that women’s needs are denied or ignored because of their sex.
Feminism centres the notion of patriarchy in understandings of inequality, and largely argues
that major changes are required to various social structures and institutions establish gender
equality. The common root of all feminisms is the drive towards equity and justice.
Break Out Box: Different Feminisms
Feminist perspectives in criminology comprise a broad category of theories that address the
theoretical shortcomings of criminological theories which have historically rendered women
invisible (Belknap, 2015; Comack, 2020; Winterdyk, 2020). These perspectives have considered
factors such as patriarchy, power, capitalism, gender inequality and intersectionality in the
role of female offending and victimization. The six main feminist perspectives are outlined
below.
Liberal Feminism
According to Winterdyk (2020) and Simpson (1989), liberal feminism focuses on achieving
gender equality in society. Liberal feminists believe that inequality and sexism permeate all
aspects of the social structure, including employment, education, and the criminal justice
system. To create an equal society, these discriminatory policies and practices need to be
abolished. From a criminological perspective, liberal feminists argue that women require the
same access as men to employment and educational opportunities (Belknap, 2015). For
example, a liberal feminist would argue that to address the needs of female offenders,
imprisoned women need equal access to the same programs as incarcerated men (Belknap,
2015). The problem with the liberal feminist perspective is the failure to consider how women’s
needs and risk factors differ from men (Belknap, 2015).
11.1 Foundations of Feminist Criminology | 303

Radical Feminism
Radical feminism views the existing social structure as patriarchal (Gerassi, 2015; Winterdyk,
2020). In this type of gendered social structure, men structure society in a way to maintain
power over women (Gerassi, 2015; Winterdyk, 2020). Violence against women functions as a
means to further subjugate women and maintain men’s control and power over women
(Gerassi, 2015). The criminal justice system, as well, becomes a tool utilized by men to control
women (Winterdyk, 2020). It is only through removing the existing patriarchal social structure
that violence against women can be addressed (Winterdyk, 2020).
Marxist Feminism
Like the radical feminist perspective, Marxist feminists view society as oppressive against
women. However, where the two differ is that Marxist feminists see the capitalist system as
the main oppressor of women (Belknap, 2015; Gerassi, 2015). Within a classist, capitalist
system, women are a group of people that are exploited (Winterdyk, 2020). Exploitation in a
capitalist system results in women having unequal access to jobs, with women often only
having access to low paying jobs. This unequal access has led to women being
disproportionately involved in property crime and sex work (Winterdyk, 2020). Like other
Marxist perspectives, it is only through the fall of capitalism and the restructuring of society
that women may escape from the oppression they experience.
Socialist Feminism
Social feminists represent a combination of radical and Marxist theories (Belknap, 2015;
Winterdyk, 2020). Like radical feminists, they view the existing social structure as oppressive
against women. However, rather than attributing these unequal power structures to
patriarchy, they are the result of a combination of patriarchy and capitalism. Addressing these
unequal power structures calls for the removal of the capitalist culture and gender inequality.
Socialist feminists argue these differences in power and class can account for gendered
differences in offending – particularly in how men commit more violent crime than women
(Winterdyk, 2020).
Post-modern Feminism
Ugwudike (2015) outlines how postmodern feminism focuses on the construction of

knowledge. Unlike other perspectives outlined above, which suggest there is “one reality” of
feminism, postmodern feminists believe that the diversity of women needs to be highlighted
when one considers how gender, crime and deviance intersects to inform reality (Ugwudike,
2015, p. 157). For postmodern feminists, they acknowledge the power differentials that exist
within society, including gendered differences, and focus on how those constructed
differences inform dominant discourses on gender. Of importance is the focus on
“deconstructing the language and other means of communication that are used to construct
the accepted ‘truth’ about women” (p. 158). Also of importance is the acknowledgement of
postmodern feminism regarding how other variables, like race, sexuality, and class, influence
women’s reality (Ugwudike, 2015).
Intersectional Feminism
Winterdyk (2020) notes that some academics add a sixth perspective. Intersectional feminists
address the failure of the above perspectives to consider how gender intersects with other
inequalities, including race, class, ethnicity, ability, gender identities, and sexual orientation
(Belknap, 2015). Some of the above theories attempt to paint the lived experiences of all
women as equal, whereas intersectional perspectives acknowledge that women may
experience more than one inequality (Winterdyk, 2020). There is an inherent need to examine
how these inequalities intersect to influence a women’s pathway to offending and/or risk of
victimization. Recently, Indigenous Feminism has emerged as a critical discourse on feminist
theory that considers the intersection of gender, race, as well as colonial and patriarchal
practices that had been perpetuated against Indigenous women (Suzack, 2015).
Feminist activism has proceeded in four ‘waves’ (for a discussion of the waves of feminism,
1
see A Timeline | Aesthetics of Feminism ). The first wave of feminism began in the late 1800s
and early 1900s with the suffragette movement and advocacy for women’s right to vote. The
second wave of feminism started in the 1960s and called for gender equality and attention to
a wide variety of issues directly and disproportionately affecting women, including domestic
violence and intimate partner violence [IPV] employment discrimination, and reproductive
rights. Beginning in the mid-1990s, the third wave focused on diverse and varied experiences
of discrimination and sexism, including the ways in which aspects such as race, class, income,
and education impacted such experiences. It is in the third wave that we see the concept of
1. Scan the QR code to access https://www.youtube.com/watch?v=bQK6FvJybG0
11.1 Foundations of Feminist Criminology | 305

intersectionality come forward as a way to understand these differences. The fourth wave, our
current wave, began around 2010 and is characterised by activism using online tools, such as
Twitter. For example, the #MeToo movement is a significant part of the fourth wave. The fourth
wave is arguably a more inclusive feminism – a feminism that is sex-positive, body-positive,
trans-inclusive, and has its foundations in “the queering of gender and sexuality based binaries”
(Sollee, 2015). This wave has been defined by “‘call out’ culture, in which sexism or misogyny can
be ‘called out’ and challenged” (Munro, 2013).
We return to the second wave of feminism, in a time of social change, where feminist
criminology was born. The emerging liberation of women meant newfound freedoms in the
workforce and in family law, including the availability and acceptability of divorce, but these
relative freedoms rendered gender discrimination even more visible. In the 1960s and 1970s,
North American society specifically was full of unrest, with demonstrations and marches
fighting for civil rights for Black Americans, advocating for gay and lesbian rights, and protesting
the Vietnam War. Marginalised groups were calling out inequality and oppression, and
demanding change. Feminist activism brought attention to the inequalities facing women,
including their victimisation, as well as the challenges female offenders faced within the
criminal justice system. The breadth and extent of domestic violence, specifically men’s violence
against women within intimate relationships, was demonstrated by the need for domestic
violence shelters and the voices of women trying to escape violence. Conversations at the
national level led to government-funded shelters as well as private donor funding from those
who saw the need for safe havens from abuse.
At the same time, the historic and systemic trauma of women involved in the criminal justice
system as offenders was being recognized, including attention to their histories of abuse,
poverty, homelessness, and other systemic discriminations. In the late 1970s and early 1980s,
feminist scholars recognised the absence of women within criminological theory; more
specifically, as Chesney-Lind and Faith (2001, p. 287) highlight, feminist theorists during this
time “challenged the overall masculinist nature of criminology by pointing to the repeated
omission and misrepresentation of women in criminological theory.”
Feminist criminology, mainly driven by American feminist scholars and activists, began with
feminist theorists’ call to action to address racism and sexism within criminology and the

11.2 Critiques of Existing Criminological
Theory
When feminist criminology emerged in the 1970s, the focus was mainly on how women were
accounted for in criminological theories. Feminist criminologists recognised that theories of
crime and deviance regarding women’s offending tended to take one of three paths: (1) theories
were openly misogynistic, negatively portraying women or situating them as “less than” men; (2)
theories were gender blind and completely ignored gender; or (3) theories took an “add women
and stir” approach, meaning that the theory was primarily about men and assumed explanations
for crime and deviance could be applied to women without question. Most criminological
theories were silent on the victimisation of women.
Cesare Lombroso is referred to as the “father of criminology” (Belknap, 2015; Deutschmann,

2007; Williams & McShane, 2010). His theory is openly misogynistic, viewing women as “less
than” men and discussing them in a negative manner; thus, Lombroso’s theory serves as an
excellent example of the first path theories tend to take regarding women’s offending.
In the late 1800s, Lombroso studied both male and female incarcerated offenders in Italy,
examining their physical characteristics to see what differentiated criminals from non-
criminals. He developed the concept of the born criminal—individuals who were atavistic, more
primitive and less evolved than non-criminals, and thus more prone to engage in criminal
activity (Williams & McShane, 2010). Lombroso argued that women were typically less evolved
than men, but their criminal tendencies were balanced by their lack of intelligence and passive
natures. Deutschmann (2007) summarised Lombroso’s gendered approach:
“The typical woman…was characterized by piety, maternal feelings, sexual coldness, and
an underdeveloped intelligence. Criminal women, on the other hand, were either born
with masculine qualities (intelligence and activeness) conducive to criminal activity, or
encouraged to develop these qualities through such things as education and exercise.”
(p. 163)
The second path theories take regarding female offending is exemplified by the original social
bond theory by Travis Hirschi, which completely ignored gender and the female experience.
Social bond theory examined why people conform to rules and laws, avoiding offending. Hirshi
(1969) posited that four key bonds discouraged criminal activities: attachment, commitment,
involvement, and belief. When initially testing his theory, Hirschi focused exclusively on boys,
even though both girls and boys were included in his sample (Belknap, 2015). As a result, the
female experience is invisible in social bond theory. Hirschi’s exclusive focus on boys and men
in research while developing and testing theory was not unique at the time; social bond theory
simply represents one example of how a degree of gender blindness was (and still is) common
11.2 Critiques of Existing Criminological Theory | 307

in many criminological theories. Such gender blindness results in theories of criminality based
entirely on data and experiences of boys and men, actively erasing the unique perspectives and
experiences of girls and women.
Lastly, Cloward and Ohlin’s (1960) opportunity theory demonstrates the “add women and stir”
approach in criminological theory, the third path that theories on crime and deviance tended
to take regarding women’s offending. Drawing on Merton’s idea of strain as the gap between
socially prescribed goals and the inability to achieve those goals, Cloward and Ohlin (1960)
argued that there were both legitimate and illegitimate ways to achieve goals, and these
opportunities differed based on someone’s race, neighbourhood, class, and gender
(Deutschmann, 2007; Williams & McShane, 2010). Rather than theorising how men and women
may experience strain differently, Cloward and Ohlin viewed boys as having “legitimate
concerns” around money and status, while girls were seen as experiencing “frivolous concerns”
related to finding romantic partners (Belknap, 2015, p. 33). While they mentioned gender in their
theory, Cloward and Ohlin (1960) made assumptions about the goals of women, and actively
ignored the unique strains faced by women, such as discrimination, parenting and childrearing
responsibilities, limited education and employment opportunities, and disproportionate
victimisation.
The many androcentric (male-centred) explanations for crime and criminality not only centred
on men as the primary focus of explanations, but were mainly the work of male theorists. This
reality called for a new theorising of women, created by women, related to both victimisation
and criminalisation. Feminist criminologists demanded a centring of gender as a key factor in
understanding crime and criminality. Here we see the scholarship of ground-breaking feminist
criminologists like Meda Chesney-Lind, Carol Smart, and Karlene Faith, and the theorists and
criminologists they have inspired, such as Elizabeth Comack, Gillian Balfour, Joanne Belknap,
and others.

11.3 Issues that Brought Feminist
Criminology to the Surface
The key issues that brought feminist criminology to the surface involved domestic violence or
violence against women (Dobash & Dobash, 1979; Johnson, 1996; Johnson & Dawson, 2011) and
the differential and unequal treatment of women as offenders within the criminal justice system
(Britton, 2000; Chesney-Lind & Pasko, 2004; Comack, 1996). We discuss the issue of women as
offenders later in this chapter. We look now to how the contributions of feminist criminology
have shaped our understandings of women’s victimisation.
Victimisation
“Feminist criminology has perhaps made its greatest impact on mainstream criminology
in the area of women’s victimization” (Britton, 2000, p. 64).
Gender-based violence is disproportionately experienced by women in Canada (Cotter &

Savage, 2019, p. 3) and around the world (World Health Organization, 2021). As Bruckert and
Law (2018) note, violence against women stems from a broad range of systemic issues, including
those rooted in patriarchal beliefs, such as colonialism, neoliberalism and capitalism (p. 9).
Such social structures intersect with aspects of identity (such as sexual orientation, gender
expression, age, ability, ethnicity) which can increase risk of victimisation.
Female victims account for two-thirds of police-reported family violence in Canada (Conroy,
2021). Women are much more likely to be murdered by their male intimate partners than male
partners are to be murdered by their female partners; in fact, women make up approximately
80% of all victims of intimate partner homicide (Conroy, 2021).
The trend of the disproportionate victimisation of women grows larger when looking at the
victimization of women along intersectional social positions and identities:
While anyone in Canada can experience violence, women, girls and young women, Indigenous
women and girls, lesbian, gay and bisexual people, women living with a disability and women
living in rural and remote regions, are at greater risk of violence. (Government of Canada)
Specifically, women with disabilities experience double the rate of violent crime compared to
women without disabilities (Cotter, 2018). With regards to lesbian, bisexual, transgender and
non-binary people’s experiences of violence, there is a lack of comprehensive statistics, but the
available evidence indicates that bisexual women and transgender individuals face very high
11.3 Issues that Brought Feminist Criminology to the Surface | 309

levels of violence compared to their heterosexual and cisgender counterparts (Jaffray, 2020;
Langenderfer-Magruder et al., 2016). In particular, bisexual women in Canada have the highest
rates of violent victimisation and physical assault, and transgender people are more likely to
experience violence compared to cisgender people in Canada (Jaffray, 2020). When considering
intersections of transphobia and racism, experiences of violence are higher among racialised
transgender and non-binary individuals (Chih et al., 2020). While the lack of comprehensive
data on transgender women and non-binary people’s experience of victimisation is glaring
(see Experiences of violent victimization and unwanted sexual behaviours among gay, lesbian,
bisexual and other sexual minority people, and the transgender population, in Canada, 2018),
as is the lack of available data on Black women’s victimisation, what we do know is that
Black women’s experiences of violence are rooted in misogynoir, a concept coined by Moya
Bailey and defined as “the virulent and often unseen hatred directed at Black women due to
the intersections of anti-Blackness, misogyny and racism in society” (Maynard, 2017, p. 130).
Feminist criminology critically interrogates statistics such as the ones presented above, and
points to the gendered elements of such violence, calling for wide recognition and social and
criminal justice reforms.
Indigenous women’s experiences of violence are also situated within intersectional social
identities as well as colonial and gendered structural inequities. In particular, Indigenous
women’s experiences of violence are directly linked to the colonial history of Canada, beginning
with the Indian Act, and permeating through past and present discriminatory policies and
practices within various social institutions, including but not limited to health care, criminal
justice and education. The intergenerational trauma of the residential school system, as well
as pervasive systemic racism, have resulted in higher levels of domestic violence, substance
abuse, and suicide (Comack, 2018). Indigenous women are also much more likely to be the
victims of violent assaults and victimisation than non-Indigenous women, and this violence
tends to be more severe (Monchalin, 2016) (see ‘Nobody wants to look for a 40 year-old Native
woman down here’). For example, in Canada, Indigenous women are three times more likely
to experience intimate partner violence than women who are not Indigenous (Boyce, 2016). A
crisis of violence against Indigenous women and girls in this country exists, yet too often the
victimization of Indigenous women continues to be dismissed and ignored by legal and law
enforcement systems.

11.4 Sexualised Violence
The majority of victims who experience sexualised violence (e.g., sexual assaults, sexual
harassment, unwanted touching, revenge pornography) are women. Young women and girls
face greater rates of sexual violence, representing nearly nine out of every ten (87%) survivors
of sexual assault (Rotenberg, 2017). Age plays a role as well, with 12- to 17-year-olds comprising
approximately one-third of victims, and 18- to 24-year-olds comprising 21% of victims
(Rotenberg, 2017, p. 13). In data collected from 2009 to 2014 on sexual assaults against men and
women, men were the perpetrators of sexual assault in 98% of the cases where charges were
laid (Rotenberg, 2017). As with all other forms of victimisation, women’s experiences depend on
their interlocking social identities. For example, women with disabilities reported double the
rate of sexual assaults in the last 12 months compared to women without disabilities (Cotter,
2018). Moreover, bisexual women were close to four times more likely to experience sexual
violence in the past year compared to heterosexual women (Jaffray, 2020). Bisexual women are
also more likely to report sexual assault and unwanted sexual behaviours online and in public
compared to heterosexual and gay women and men (Jaffray, 2020). Similarly, transgender people
are more likely to report unwanted sexual behaviour online and in public compared to cisgender
people in Canada (Jaffray, 2020). As with other forms of violence, certain groups of women are
more likely to experience sexual violence due to racism, colonialism, transphobia, and ableism
(Government of Canada, n.d.; Lyons et al., 2017b). The risk of violence also increases for gender
and sexual minorities, particular for those who are Black, Indigenous, or racialized. Griner et
al.’s (2020) survey of US college students found transgender people were much more likely than
cisgender people to experience violent victimisation and especially sexual assault (p. 5716). The
2018 Statistics Canada Survey of Safety in Public and Private Spaces shows similar findings that
“a higher proportion of transgender Canadians … had experienced physical or sexual assault in
their lifetimes than cisgender Canadians” (Jaffray, 2020, p. 12).
Not only do women experience sexualised violence at disproportionately higher rates than men,
women are also much more likely to be blamed for their own victimisation, such as in cases of
sexual assault. One of the more glaring examples of the pervasiveness of victim-blaming can
be seen in the judgment delivered by Robin Camp, an Alberta judge who asked a sexual assault
complainant in a sexual assault trial why she couldn’t simply “keep her knees together.” Camp
subsequently resigned his position as a judge because of the social outcry over his attitude
towards sexual assault victims (for more on this case, see ‘Knees together’ judge in sexual assault
11.4 Sexualised Violence | 311

1
trial says he will resign from the bench ), however he was reinstated as a lawyer in Alberta
less than a year later (see ‘Knees together’ judge Robin Camp wins bid to be reinstated as
2
lawyer in Alberta ). Victim blaming has also been found to be pervasive when women report
sexual assaults to police. The Globe & Mail Unfounded investigation (see Unfounded: Police
3
dismiss 1 in 5 sexual assault claims as baseless, Globe investigation reveals ) revealed that police
dismiss 20% of sexual assault claims because they do not believe a crime has been committed
(Doolittle, 2017). Fear of victim blaming is also one of the reasons for the underreporting of
sexual assaults (and other forms of sexualised violence). Assessing self-reports of victimisation
from the General Social Survey, Conroy and Cotter (2017) reveal that over 8 in 10 sexual assaults
are not reported to the police, a proportion that has remained constant over several decades.
Reasons for the lack of reporting include feelings of shame, guilt, and worry about what people
will think of them should their assault be known (Conroy & Cotter, 2017).
What feminist criminology does, then, is point to the role of patriarchy, colonialism, capitalism
and other social structures and relationships in our broader society regarding the
disproportionate victimisation of women. While patriarchy privileges men and the male
experience over women and the female experience, establishing men as more important and
more valued and positioning women in a perpetual state of vulnerability, third wave feminism,
which spans from the mid-1990s to approximately 2010 (Delago, 2021), and critical race scholars
established the vital importance of intersectional analyses of gender-based violence (Bruckert
& Law, 2018).
Feminist criminology challenges social institutions including police, courts, and corrections
1. Scan the QR code to access https://www.thestar.com/news/canada/knees-together-judge-in-sexual-assault-trial-

says-he-will-resign-from-the-bench/article_9c8ff73e-3584-551a-ae2b-a20247f5ab49.html
2. Scan the QR code to access https://globalnews.ca/news/4227215/knees-together-judge-robin-camp-law-society-

alberta/
3. Scan the QR code to access https://www.theglobeandmail.com/news/investigations/unfounded-sexual-assault-

canada-main/article33891309/

within the criminal justice system to acknowledge and address the disproportionate impact of
gender on women’s victimization. Feminist criminologists acknowledge that due to systemic
factors, including violence, colonialization, and inequality, women are much more likely to
suffer from childhood sexual abuse than men. They also acknowledge that alcohol or substance
use is often a coping mechanism that may result in increased likelihood of contact with the
criminal justice system. Lastly, they understand that there is a high proportion of incarcerated
women who have experienced trauma (Comack, 2018; Shdaimah & Wiechelt, 2013). In essence,
feminist criminologists ask us to examine how the criminalisation of women is intertwined
with the victimization of women. The question becomes: how can the criminal justice system
respond to the unique needs of women given this victimisation-criminalisation continuum
(Chesney-Lind & Pasko, 2004; Comack, 1996)?
11.4 Sexualised Violence | 313

11.5 Criminalisation of Women
Comack (2020) argues that criminology has focused on men as offenders. This focus has been
justified because the majority of police-reported offenders are men (Comack, 2020; Savage,
2019). While comprising a much smaller proportion than male offenders, female offenders are
still represented in adult, youth, and violent offence statistics (Belknap, 2015). Accordingly, we
must consider the unique pathways of women as offenders to inform criminal justice system
responses to women as offenders.
Traditional criminological theories rarely account for female offending (Belknap, 2015). With
the rise of feminist criminology in the 1970s, a variety of theories have attempted to explain
female offending. For example, Adler and Simon’s liberation thesis (1975, cited in Belknap, 2015)
accounted for female offending by connecting the women’s liberation movement with what was
believed to be an increase in female crime rates in the 1960s and 70s. This theory attempted to
address the gender-ratio crime problem, as well as account for changes in women’s crime rates
(O’Grady, 2018). While both Adler and Simon connected their theory to women’s liberation, they
differed on the overall effect on crime. Adler posed that violent crime would increase, while
Simon suggested that only property crime would increase for women (Belknap, 2015). On the
other hand, according to Simon, female violent crime would decrease because women would
be less frustrated as they gained equal access to opportunities (Belknap, 2015). This theory,
in its simplest form, argued that women’s liberation leads to convergence in gender roles,
and increased opportunities for employment for women. Adler and Simon claimed increased
employment also increased opportunities for crime including corporate and white-collar crime,
ultimately leading to a convergence in crime rates (Tavcer & Dekeseredy, 2018). While a
substantial gender gap in offending remains, the theory was important because it considered
women and located women’s engagement in crime within social systems and outside of the
biological realm.
Hagan and colleagues’ power control theory (1985, cited in Belknap, 2015) outlined the role
of social control in accounting for gendered differences in crime. They theorised that the
gendered power dynamic between parents was often replicated with their children. In a
patriarchal home, where women had less power, children were socialised into gendered roles
where boys were encouraged to take risks and given more freedom, while girls were more
restricted in their activities and socialized to be obedient and quiet. In such households,
girls had fewer opportunities, to engage in deviance. According to Hagan and colleagues,
in egalitarian households, with equal power between parents, relatively equal freedoms and
levels of parental supervision, were given to daughters and sons, which allowed for more
opportunities for girls to engage in deviant behaviour (Belknap, 2015). Note that while this
theory does least attempt to explain female offending, it is not without its critics. Of particular
concern is how the theory blames mothers who work outside of the home for their daughters’
delinquency (O’Grady, 2018). The theory has also been criticised “for its simplistic
conceptualization of social class and the gendered division of labor in the home and workplace,

and for its lack of attention to racial/ethnic differences in gender socialization and to single-
parent families, most of which are headed by women” (Renzetti, 2018, p. 78).
Feminist theories have also attempted to account for female offending through the cycle
of violence and pathways theories. Widom (1989) examined the relationship between trauma
and offending in their cycle of violence theory (cited in Belknap, 2015). This theory posits
that girls and women who experience trauma are more likely to be arrested later in life. For
example, some evidence suggests that when faced with a traumatic experience, a person may
turn to substance use as a coping mechanism (Barker, 2018). This type of coping method
can lead to increased involvement with the criminal justice system if individuals are utilising
illegal substances, are engaging in illegal activity to support their substance use (e.g., theft),
or engaging in illegal activity due to their substance use (e.g., driving under the influence)
(Barker, 2018). Support for this theory of offending has been mixed, at best (Belknap, 2015).
Pathways theory focuses on the route for offending among female offenders. Not unlike the
cycle of violence theory, pathways theory considers the role of childhood abuse and trauma
in female offending, which is particularly important as evidence shows that female offenders
report higher rates of childhood trauma than the general population (Comack, 2018; Shdaimah
& Wiechelt, 2013).
11.5 Criminalisation of Women | 315

11.6 Crime Statistics on Women
The above theories about the criminalisation of women aim to explain general crime statistics
that reveal clear gender differences. Savage (2019) reports that in 2017, female offenders
represented approximately one in four of all police-reported crime in Canada, with the most
common offences being property crime (35%). Moreover, female offenders are four times less
likely than male offenders to be charged with a violent crime. When women are charged with
a violent crime, 70% of those charges are for assault, and of those, 76% are common (level
1) assault (Savage, 2019). Gender differences also emerge with sexual violence offenders; for
sexual assault and sexual offences against children, 95% of offenders were male (Savage, 2019). A
similar trend emerges for homicide, with 89% of homicide offenders being male. Here, evidence
1
of the overrepresentation of female Indigenous offenders is clear: the rate of women accused of
homicide is 27 times higher for Indigenous women than non-Indigenous women (Savage, 2019).
There are also gender differences within Indigenous populations, which includes First Nations,
Inuit, Metis and those of unspecified Indigenous identity. From 2007 to 2017, 49% of women
accused of homicide identified as Indigenous versus 28% of men (Savage, 2019).
History of Women’s Incarceration in Canada
Historically, women in Canada have faced dreadful conditions while incarcerated. These
conditions have been documented by numerous commissions and reports beginning in 1849
with the Brown Commission report. These documents criticized the incarceration of women
alongside men, noted the abuse and brutal punishment of women, and recommended gender-
segregated penitentiaries (Barker, 2018).
The Prison for Women (P4W) in Kingston, Ontario opened for women in 1934 and was a
response to calls for women-only prisons. However, only four years after its opening, the
Archambault report (1938) recommended the closure of P4W. Other reports followed,
including the Subcommittee on the Penitentiary System (1977), which stated that P4W was
“unfit for bears, much less women” (Barker, 2018, p. 11).
A central report in the history of incarcerated women in Canada is the Task Force of Federally
1. While Statistics Canada uses the term Aboriginal to refer to First Nations peoples in Canada in some reports, for
consistency we have embraced the term Indigenous, as this is a more inclusive reference, and is how First Nations
peoples prefer to be addressed.

Sentenced Women (TFFSW) Creating Choices Report (Canada, TFFSW, 1990) (see the Women
2
Offender Programs and Issues Report ). Like previous reports, this one documented a lack of
programming and treatment, as well as details on how women’s conditions were troublesome.
For example, P4W was constructed as a maximum-security prison, and as such most women
in P4W were restricted to higher security protocols than warranted given their offences and
risk levels (Canada, TFFSW, 1990). Women were isolated from their families, and Indigenous
and Francophone women lacked cultural and language appropriate services (Canada, TFFSW,
1990). Creating Choices called for the closure of P4W and the implementation of five regional
institutions and a healing lodge.
While plans for the new regional facilities were underway, there was an incident at P4W, made
worse by the subsequent actions of correctional officers. On April 22, 1994, a fight occurred
involving both prisoners and correctional staff while some women were waiting for
medication, after which a number of women prisoners were placed in segregation. While in
segregation they were denied access to lawyers, exercise, and hygiene items like toilet paper
and soap (Arbour, 1996). In the four days following the incident, there were periods of tension
between the women in the segregation unit and the correctional officers. In response, on April
26, 1994, the warden of P4W called in an all-male Institutional Emergency Response Team
(IERT) to do cell extractions, where the women were forcibly held down, handcuffed and
shackled while their clothing was cut off their bodies (Arbour, 1996). They were then “left lying
on the floor of her cell in restraints —body belt and leg irons — and with a small paper gown”
(Arbour, 1996, p. 72). The following day some women were coerced into agreeing to a body
cavity search in exchange for a cigarette and a shower. Most women remained in segregation
for up to nine months. It was not until February 21, 1995 when the CBC’s Fifth Estate aired
parts of the IERT videotapes that the events of April 1994 were widely known and condemned.
3
The Commission of inquiry into certain events at the Prison for Women in Kingston , also
known as the Arbour Inquiry, was commissioned in response to the IERT footage. The report
strongly condemned CSC’s treatment of women prisoners as well as the organization’s lack of
commitment to justice and truth (Barker, 2018). The Arbour Inquiry is a significant report in
the history of women’s incarceration and its findings mirrored many of those in previous
2. Scan the QR code to access https://www.csc-scc.gc.ca/women/toce-eng.shtml
3. Scan the QR code to access https://publications.gc.ca/collections/collection_2017/bcp-pco/JS42-73-1996-eng.pdf
11.6 Crime Statistics on Women | 317

reports, including Creating Choices. Largely in response to the decades of critiques and
revelations of abuses, P4W was closed in 2000.
In line with offending statistics, women represent a minority of incarcerated persons. According
to Correctional Service Canada (CSC, 2019), women represent 6% of federal prisoners in Canada
and within that group, Indigenous women are greatly overrepresented. The 2016 Canadian
Census data showed that Indigenous persons make up approximately 4.9% of the total
population (Statistics Canada, 2017), yet CSC (2019) reported that 42% of federally incarcerated
women were Indigenous, and 27% of women who were under community supervision identified
as Indigenous—a clear indication of the overrepresentation of Indigenous women within the
CSC reports consistently highlight the differences between male and female prisoners. Female
prisoners, when compared to male prisoners, report higher rates of physical and sexual abuse
(CSC, 2019; Tam & Derkzen, 2014). For instance, in Lynch, Fritch, and Heath’s (2012) study looking
at incarcerated women’s experiences of victimisation, they noted “between 77% and 98% [of
female inmates] have a history of some type of IPV exposure” (p. 382). Similarly, female prisoners
have up to four times the rate of mental health problems and/or substance use problems
when compared to both the general Canadian population and male prisoners (Brown et al.,
2018; Correctional Service Canada, 2019), with almost three-quarters of incarcerated women in
Canada reporting substance use problems (Brown et al., 2018).
The Story of Ashley Smith
On October 19, 2007, Ashley Smith died at Grand Valley Institution for Women in Kitchener,
Ontario while correctional officers watched through her segregation cell window as she was
strangled by the ligature around her neck. She was 19 years old. Five years earlier, she was
charged with mischief for throwing crab apples at a mail carrier. During one year of her
incarceration, she was moved 17 times across 8 different prisons (Tavcer, 2018). A Correctional
Investigator report found “Ms. Smith received virtually no treatment; a comprehensive
treatment plan was never put into place despite almost daily contact with institutional
psychologists; and attempts to obtain a full psychological assessment were thwarted, in part
by the decision to constantly transfer Ms. Smith from one institution to another” (Tavcer, 2018,
171-2). Ashley Smith’s treatment while incarcerated, and subsequently her death, point to

significant gaps in trauma-informed and gender-based treatment (see the Fifth Estate
4 5
documentary on the Ashley Smith case ) (see this correctional investigator report ).
These statistics illustrate that gender, trauma-informed, and culturally appropriate

programming for federally sentenced female prisoners is required to address their
criminogenic needs (Tam & Derkzen, 2014; Wardrop & Pardoel, 2018). Derkzen (2019) expands
that gender-responsive programming helps in assessing risk and provides a more holistic
approach to respond to the needs of female offenders. Despite efforts to identify such
programming in Canadian institutions, none were located. Although recommendations to
develop gender-responsive programming may have been addressed, evidence is not provided in
government documents and websites. Stewart et al. (2017) compared the criminogenic needs of
female and male offenders, noting that women, particularly Indigenous women, scored higher
on almost all risk elements than men. Beaudette et al. (2014) point out that Indigenous women
are over-represented in Canadian federal prisons and present with more criminogenic risk
factors than non-Indigenous women due to historic and ongoing colonial factors. For example,
Indigenous women are younger, and have lower education levels, as well as possess high needs
levels related to substance use, employment, and emotional needs (Beaudette et al., 2014). These
barriers are directly linked to colonial practices (Monchalin, 2016).
4. Scan the QR code to access https://www.youtube.com/watch?v=yryXNq00_c0
5. Scan the QR code to access https://www.falconers.ca/wp-content/uploads/2015/07/Smith-A-Preventable-

Death.pdf
11.6 Crime Statistics on Women | 319

11.7 Treatment in the Criminal Justice
System
As our discussion of victims and offenders highlights, feminist criminology examines the
different pathways into offending as well as myriad ways in which women are uniquely
victimised. From the above, you should have some understanding of the role of gender in
criminology and within the Canadian criminal justice system. At the same time, we must
understand the intersectionality of gender with other forms of identity. Early universal notions
of women’s lives failed to account for the unique experiences of women, and other aspects of
women’s identities such as race, Indigeneity, ethnicity, socio-economic status, and sexualities.
The above-noted “add women and stir model” sometimes used to explain female criminal
offending and victimisation assumes that gender has no role in the treatment of women in
the criminal justice system (i.e., explanations for male criminality can be applied to women),
while other approaches either blame women for their circumstances, openly see women as
less than men, or ignore gender completely. For example, rape culture “encourages male sexual
aggression and supports violence against women in the form of words, jokes, advertising, media,
objectification, and gendered norms” (Tavcer et al., 2018, p. 196). When such attitudes are
prevalent, sexual assault is commonly linked to rape myths that suggest women who dress
provocatively, drink or use drugs, or who walk alone are somehow responsible for the assault.
Rape culture shifts the blame to women, rather than focusing on the problem of glamorised and
normalised male violence. Sexual assault prevention programs often focus on the behaviours of
women and how to avoid an assault, rather than on campaigns directed at men and what they
can do to ensure they do not sexually assault someone. Moreover, these attitudes often result in
the double victimisation of women: first by the man who assaulted her, and then by the criminal
justice system in which she is re-traumatised, blamed for the assault, and has her character
questioned. While rape shield laws are supposed to protect women, they fail women far too
1
often (see Sexual Assault Criminal Law, Rape Shield, Evidence, and Sentencing in Canada ).
Women are also victimized when they are incarcerated. As noted above, incarcerated women
have disproportionate histories of physical and psychological trauma. This reality means that
they are not necessarily incarcerated for their behaviour; instead, they are incarcerated for
1. Scan the QR code to access https://www.sexassault.ca/criminalprocess.htm

responses to their histories of trauma (Comack & Balfour, 2014). Similarly, trauma can be
associated with mental illness, and the treatment of mentally ill prisoners in a corrections
setting is problematic at best, and harmful at worst. Most correctional programs are designed
for men and fail to draw on the strengths of women, instead focusing on their deficiencies
(Folsom, 2018; Gobeil et al., 2016). In addition, most programs do not address gender diversity.
For example, anger management programs address an identified problem or deficit and follow
the same format for men and women. The alternative is to apply a strength-based approach,
focusing for example on positive personal factors such as faith or morality (Ronel & Elisha, 2011,
as cited in Kewley, 2017), and to use those factors as a foundation to positively move forward.
Sometimes it seems that efforts to advance gender rights and the treatment of women within
the criminal justice system do not have an immediate impact, but it is important to note
some successes. For example, feminists successfully advocated for the 1983 updates to Canada’s
responses to intimate partner violence. Such changes included redefining sexual assault to
include assaults perpetrated by husbands (prior to this, sexual assault within marriage was not a
criminal offence). Advocates had long argued that the challenges faced by women leaving violent
relationships were a social problem that needed consistent responses by law enforcement and
the courts. These responses must also take into account the variation in impacts on racialised
women.
Today our responses are much more likely to be women-centred and less likely to blame
women. While woman-blaming does still happen, the responses to such attitudes (as noted
above with the response to Alberta judge Robin Camp) indicate the increasing social pushback
and demands for change. We continue to see laws evolve and change to better address women’s
needs. While we do not suggest gendered inequality has ended, we must acknowledge that
2
progress has been made, albeit too slowly for many of us (see Canada’s Women Foundation ).
It is important to remember that gender equality is situated within colonialism, racism, and
capitalism and therefore not all women have received the same benefits, as illustrated above
with the experiences of racialised and sexualised populations such as Indigenous women or
transgender or bisexual women.
2. Scan the QR code to access https://canadianwomen.org/the-facts/the-metoo-movement-in-canada/
11.7 Treatment in the Criminal Justice System | 321

CASE STUDY: Canada’s Missing and Murdered Indigenous
Women and Girls (MMIWG)
As demonstrated throughout this chapter, feminist criminology highlights the different

pathways into offending as well as myriad ways in which women are uniquely victimized. This
approach also calls attention to the intersectionality of gender with other forms of identity.
The case of murdered and missing Indigenous women offers one example of this
intersectionality reflected in the criminal justice system.Red Dresses on Bare Trees is an edited
collection that brought together “authors with good minds, hearts and spirits (fuelled by good
intentions)” (Hankard & Dillen, 2021, p. v) to address through stories and reflections the
challenging human rights violations of Indigenous women and of the Missing and Murdered
Indigenous Women and Girls that have plagued colonial Canada for too many decades (The
text provides reflections of those affected by the pain of MMIWG and honours their voices and
their stories. See the stories at RED DRESSES on BARE TREES: Stories and Reflections on
3
Missing and Murdered Indigenous Women and Girls ). In “Decolonizing the violence against
Indigenous women,” Jacobs (2017) argues that decolonization must include a goal of returning
safety and respect to Indigenous peoples and especially Indigenous women and girls and the
stolen lands settlers occupy (p. 51). Many provincial and national inquiries have produced
reports that examine the circumstances of Canada’s Indigenous Peoples that are the direct
consequence of its colonial history and the intergenerational trauma associated with Canada’s
past and present: a history built on Eurocentric norms and systems; the removal of Indigenous
children from their families, placing them in residential schools, often fraught with physical,
sexual, and psychological abuses; and the Sixties Scoop during which Indigenous children
were placed in foster care. But make no mistake: the colonial oppression of, and violence
against, Indigenous peoples is ever present in Canada today.
The first public inquiry into Canada’s treatment of its Indigenous peoples followed the Oka
Crisis in the summer of 1990, which drew international attention and forced the federal
government to seriously consider its historical and ongoing treatment of its First Peoples (The
Oka Crisis, as it came to be known, was a dispute over a golf course on the lands and burial
grounds of the Kanien’kéhaka (Mohawk) in Québec which involved heavy military
enforcement. The National Film Board of Canada produced the award winning documentary of
3. Scan the QR code to access https://www.jcharltonpublishing.com/product/red-dresses-on-bare-trees-stories-and-

reflections-on-missing-and-murdered-indigenous-women-and-girls/

the 78 day standoff that resulted in two fatalities: Kanehsatake: 270 Years of Resistance. See
4
Kanehsatake: 270 Years of Resistance by Alanis Obomsawin ). Although the Royal Commission
on Aboriginal Peoples’ (RCAP) report (Hamilton & Sinclair, 1996) did not focus specifically on
Indigenous women and girls, it provides a detailed history of the colonial practices that
harmed Indigenous peoples for centuries with a focus on including Indigenous voices
(Hamilton & Sinclair, 1996). At the same time, the Native Women’s Association of Canada
(NWAC) began demanding action to address the continued news of Indigenous women and
girls across Canada who have gone missing or have been found murdered (Tavcer, 2018).
According to the final report of the National Inquiry on Missing and Murdered Indigenous
Women and Girls (MMIWG): Reclaiming Power and Place (2019) (established as one of the Calls
to Action by the Truth and Reconciliation Commission. For more information about the
5
inquiry see the National Inquiry into Missing and Murdered Indigenous Women and Girls ;
6
check out the Timeline of Key Milestones ), the Royal Canadian Mounted Police (RCMP) now
confirm 1,181 cases of “police-recorded incidents of Aboriginal female homicides and
unresolved missing Aboriginal females” between 1980 and 2012. Between 1996 and 2019, many
other commissions and inquiries addressing MMIWG have issued similar reports that highlight
the dangers of being an Indigenous woman or girl in Canada (for example, see Report of the
7
Royal Commission on Aboriginal Peoples ; & The Aboriginal Justice Implementation
4. Scan the QR code to access https://www.nf b.ca/film/kanehsatake_270_years_of_resistance/
5. Scan the QR code to access https://www.mmiwg-ffada.ca/
6. Scan the QR code to access https://www.mmiwg-ffada.ca/timeline/
7. Scan the QR code to access https://www.bac-lac.gc.ca/eng/discover/aboriginal-heritage/royal-commission-

aboriginal-peoples/Pages/final-report.aspx

8
Commission ). Several of the inquiries have focussed on British Columbia because it has the
highest proportion of MMIWG. The Highway of Tears—a 725 km corridor of highway
stretching from Prince Rupert to Prince George, BC—is where at least 30 Indigenous women
9
and girls have gone missing since 1974 (see the Highway of Tears ). BC is also the site of serial
killer Robert Pickton’s farm where DNA from 33 female victims was found, 12 of whom were
Indigenous. As this case study indicates, we are long past inquiries and commissions to
address the ongoing oppression of, and systemic racism against, Canada’s Indigenous peoples.
10
It is time for meaningful action (for examples, see the BC Society of Transition Houses ; The
11 12
Government of Canada and Specialized Courts ). We continue to see the overrepresentation
8. Scan the QR code to access http://www.ajic.mb.ca/volumell/toc.html
9. Scan the QR code to access https://highwayoftears.org/highway-of-tears/
10. Scan the QR code to access https://bcsth.ca/project/cedar-blankets/
11. Scan the QR code to access https://www.canada.ca/en/department-justice/news/2020/11/government-of-canada-

supports-restorative-justice-initiatives-across-the-country-including-those-supporting-indigenous-communities-
and-youth.html
12. Scan the QR code to access https://www.provincialcourt.bc.ca/about-the-court/specialized-

courts#IndigenousCourts

of Indigenous peoples—women in particular—in all aspects of the Canadian criminal justice
system, as both offenders and victims.
In 1996, the RCAP asked “Why in a society where justice is supposed to be blind are the
inmates of our prisons selected so overwhelmingly from a single ethnic group?” (Hamilton &
Sinclair, 1996). How is that we continue to ask the same question today?

11.8 Critiques of Feminist Criminology
Like any other group of theories, feminist criminology is not without its critics. The main
critiques, and the ways in which feminist criminology has and continues to respond to these
critiques, are detailed here. A key critique of feminist criminology is its exclusive focus on
cisgender women. Recent scholarship illustrates this is not the case. The work by Connell (2000,
2005) highlights how patriarchy and inequality disproportionately affect men as well, and how
existing gendered notions of masculinity and femininity are harmful to everyone. Adams (2000)
points out the similarities between the treatment of female agricultural animals and women
in the emphasis on controlled reproduction and dominated labour. Others have clearly linked
the violence against animals and women in cases of domestic violence, calling for a species
inclusive approach (Barrett et al., 2017; Barrett et al., 2018; Fitzgerald al., 2019; Stevenson et
al., 2018). Feminism is not about bringing men down, but about raising women up. Feminism
is about equality. Feminist criminology offers more comprehensive theories about criminality
and crime as well as inclusivity in understanding the circumstances of the victimisation and
criminalisation of both men and women and the disproportionate factors that affect them in
unique ways.
As discussed throughout this chapter, another critique of feminist criminology is its tendency
to focus on the experiences of white and cisgender women and to ignore or minimise the
experiences of racialised, transgender or other marginalised women. While this may be a valid
critique of early feminist criminology, more recently, we see a renewed and concentrated focus
on intersectionality. Intersectionality is a framework that examines how race, class, gender,
sexuality, and ethnicity layer on each other in interlocking ways to multiply the effects of
victimisation or criminalisation (Crenshaw, 1995). For example, feminist criminologists now
focus on how Indigenous women in Canada experience victimisation at different rates than
non-Indigenous women due to intersecting social identities and structural factors including
colonialism, racism, and misogyny. Feminist criminologists also look at how Black, transgender,
or marginalised women experience intimate partner violence, or street level harassment, and
how they are affected by such violence against them. Other research focuses on how structural
inequalities including racism and transphobia, embedded within policing and the criminal
justice system harm Black, Indigenous, and women of colour (Maynard, 2017; Monchalin, 2016;
Lyons et al., 2017a; Lyons et al., 2017b) as well as the dismissal and derision transgender people
experience within the criminal justice system (Kendig et al., 2019).
Overall, feminist criminology centres gender together with other aspects of identity in crime
and criminology rather than minimising or treating gender as an add-on. Rather than taking
the male experience for granted, feminist criminology actively theorises the female experience
of both criminalisation and victimisation, with critical attention to racism, classism, sexism,
and other bases of discrimination and marginalisation. This chapter has illustrated the unique
and critical lens that feminist criminology brings to issues of incarcerated women as well

as gender based violence and victimisation. Sharing feminist roots with the diverse feminist
theories, feminist criminology emphasizes the role of patriarchy, inequality, and gender in all
explanations of crime and criminality.
11.8 Critiques of Feminist Criminology | 327

1. We find young people in particular often feel uncomfortable identifying as feminists. What
is your definition of feminism and why do you think people may reject the label?
2. Consider the offence of theft. How would each of the six feminist perspectives explain the
role and impact of gender?
3. How can we use feminist criminology to understand the #MeToo movement – both the
offenders and the victims?
4. While Crenshaw talks about intersectionality within education (Kimberlé Crenshaw: What
1
is Intersectionality? ), how can we think about the same ideas within the criminal justice
system?
5. Thinking about intersectionality, what are some ways Black, Indigenous, and women of
colour may be harmed by policy changes such as mandatory domestic violence charging,
or the criminalisation of sex work?
6. As noted in the case study of MMIWG, in 1996, the RCAP asked “Why in a society where
justice is supposed to be blind are the inmates of our prisons selected so overwhelmingly
from a single ethnic group [Indigenous peoples]?” (Hamilton & Sinclair, 1996). Today we
know that Indigenous peoples continue to be over-represented throughout the criminal
justice system at alarming rates, and these rates are now even more pronounced for
Indigenous women. How can the information about feminism and feminist criminology
presented in this chapter help explain these findings?
1. Scan the QR code to access https://www.youtube.com/watch?v=ViDtnfQ9FHc

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12.1 Something Old
DR. STEVEN KOHM
Jeff Ferrell (2006), one of the leading scholars of cultural criminology, spent a year between
academic jobs scrounging the back alleys of Dallas, Texas, learning about those who made a
small living dumpster diving and trash picking in America—and sometimes running afoul of the
law. Ferrell discovered a wide array of useful items discarded by a society characterised by
hyper consumption on a global scale. Americans, it seems (and Canadians too—see Walby &
Kohm, 2020), can’t stop buying stuff. We also can’t stop throwing stuff away—even perfectly
good things end up in the trash, including brand-new items never opened or used. Yesterday’s
fad or fashion is today’s trash. Ferrell discovered a cornucopia of discarded scrap metal,
aluminum cans, electronics and consumer goods, clothing, and even books that could be
reused, redeemed for deposit, or sold at scrap metal yards to eke out a small living. Ferrell
(2006) chronicled his experience as an urban scrounger in his book Empire of Scrounge: Inside
the Urban Underground of Dumpster Diving, Trash Picking, and Street Scavenging.
Shortly after the publication of his book, I listened to Ferrell give a speech at an academic
conference where he delighted the crowd by showing off all the useful items he had scavenged
from dumpsters and trashcans – from his shiny new shoes to his distinguished looking blazer.
Like a mischievous schoolboy, he used these examples as a way to make us think about how
criminology itself might sift through its previously discarded and disused theories and find
new applications for ideas that still hold some value, even if they are out of fashion. If we can
recycle aluminum cans, beer bottles, or even shoes, why can’t we look to past criminological
theories for inspiration in our present world? Maybe a theory of deviance from the 1960s could
be applied in new ways in the 2000s and beyond. Or perhaps a method used by early 20th
century sociologists to study urban subcultures in Chicago could be used to study
contemporary cultural life in other places and spaces in our present. Using the metaphor of
recycling, Ferrell illustrated a key feature of cultural criminology: its propensity to revisit and
rework older ideas and breathe new life into the study of crime and crime control. While I
think this is a strength of the perspective, some find fault with this approach. One critic
charged that cultural criminology is “a theoretical soup that has not condensed into a
criminological analytic that moves beyond previous criminologies” (Spencer, 2011, p. 198).
Ouch!
I concede that perhaps cultural criminology is a stew of ideas borrowed from the past, brought
together with fresh seasonings and presented with new style and pizazz. However, I think that
critics miss the point of cultural criminology if they focus too much on substance over style.
While the critiques of this theoretical approach are outlined in more detail toward the end of
this chapter, it is important to emphasise here that the aim of cultural criminology is to shake
up the established order and bring new interest and energy to a topic that has become boring
and lifeless—where criminologists seem stuck in an analytical rut, and the subject matter is
reduced to a pale shadow of the real experience of crime, victimisation and control. Cultural
criminology tries to bring the experience of crime to life by focusing on the foreground, rather
12.1 Something Old | 335

than abstract background factors, like age and social class. Cultural criminology focuses on the
smaller moments and events surrounding crime, but it also draws our attention to the broader
social forces that shape and constrain these everyday moments. Cultural criminology analyses
how popular culture reflects crime back to us in ways that are enjoyable and highly profitable,
but it also shapes how we think about crime and its control. For example, while learning about
how scrap metal scroungers drift in and out of crime in the back alleys of Winnipeg, Kevin
Walby and I discovered something about the broader forces of global capitalism that demand a
never-ending supply of cheap raw materials to feed distant factories in places like China
(Walby & Kohm, 2020). We also discovered that when scrap metal theft was reported in the
local news, stories tended to gloss over corporate criminal abuse while focusing moral outrage
on the actions of the most minor players in an industry driven by global commodity prices
(Kohm & Walby, 2020). So while the building blocks of cultural criminology may not be entirely
new, the perspective offers fresh insight by shifting our analytical lens to the everyday, the
ordinary, and the mass-mediated world where crime and culture merge and collide in
sometimes unexpected ways.

12.2 Something Borrowed
DR. STEVEN KOHM
Cultural criminology borrows from several sociological theories of deviance. The earliest is
the work of the Chicago School of Sociology of the early 20th century (see chapter 1 What
is Crime?). Also influential was the so-called “new deviance theory” from the 1950s and 1960s
in the United States, which included subcultural theory and labelling theory (Ferrell et al.,
2008, p. 26; Hayward, 2016, p. 298). While mainstream criminology viewed crime and deviance
as an expression of cultural dysfunction, new deviance theory granted “criminal and deviant
behaviour cultural meaning” (Ferrell et al., 2008, p. 32 original emphasis). Ferrell et. al (2008) link
the rise of this approach with increased awareness of cultural differences in Western nations in
the 1960s, resulting from the civil rights movement, international immigration, the mass media,
and the rise of mass tourism. These shifts also brought worries about what diversity might mean
for society. Subcultural theory shifted the way we thought about deviance and demonstrated
that “subcultural responses are not empty, not absurd, but meaningful” (Ferrell et al., 2008, p.
34, original emphasis). Equally important was labelling theory. Howard Becker (1963) argued that
deviance was not the result of a failure of social control, but rather reflected its success (Ferrell
et al., 2008, p. 37). Also key to the development of cultural criminology was Matza and Sykes’s
(1961) techniques of neutralisation [link to chapter??] which are the “cultural work necessary
to commit crimes” (Ferrell et al., 2008, p. 39, original emphasis). Matza and Sykes asserted that
deviant culture is similar to the dominant culture in that both value aggression, violence and
toughness. Thus, cultural criminology focuses on the paradox that while criminal violence is
condemned by law, it is also “widely commodified, consumed and celebrated” (Ferrell et al.,
2008, p. 41).
On the other side of the Atlantic at roughly the same time, British subcultural theory was taking
shape. The National Deviancy Conference and the Centre for Contemporary Cultural Studies
were influenced by the new deviancy work from the United States. British work was a blend of
American subcultural theory and labelling theory that was “given a zest, an energy” (Ferrell et al.,
2008, p. 44). British theorists sought to understand action and reaction, as well as incorporate
wider societal analyses alongside the dynamics of small-scale situations.
The most important contribution to what would become cultural criminology was moral panic
theory developed by Jock Young (1971) and Stanley Cohen (1972) (see chapter 3 Media and
Crime). Moral panic theory drew from the insights of American labelling theory to make sense
of “seemingly ill-conceived and irrational reactions to deviance by authorities and the wider
public” (Ferrell et al., 2008, p. 47). Later works like Hall et al.’s Policing the Crisis (1978) expanded
moral panic theory to include questions about race, crime and politics in Britain.
Despite its interest in diversity and conflict, the perspective remains mainly a Western-centric
one. And while cultural criminology would likely welcome works giving critical attention to
issues of colonialism and indigeneity, so far the movement has been dominated by White,
12.2 Something Borrowed | 337

Western, male criminologists (Naegler & Salman, 2016). While this is still considered a
Eurocentric perspective, given cultural criminology’s focus on culture, diversity, and conflict,
one would think the ongoing struggles of Indigenous peoples for recognition and action in the
face of colonial systems of oppression would draw serious attention to this perspective. Indeed,
Indigenous peoples were victims of a state-sponsored program of genocide and have seen their
cultural practices criminalised and their way of life subject to erasure in residential schools. In
turn, Indigenous peoples have engaged in many forms of resistance to colonial power. For some,
art and cultural expression is a powerful way to protest these actions and pursue a political
agenda of decolonisation. Writing in an Australian settler colonial context, Chris Cunneen (2011)
argues that “indigenous art unhinges colonial law as an abstract expression of power and
grounds it firmly in the lived experiences of Aboriginal people” (p. 259, original emphasis). In this
way, Indigenous art acts as a counterbalance to settler-colonial histories that erase genocide
from the official record by providing “documentary evidence that certain things occurred (such
as massacres)” (Cunneen, 2010, p. 120). In Canada, some Indigenous activists have recently
targeted the public cultural symbols of colonization and oppression that erase acts of historical
violence, such as when a statue of Queen Victoria in front of the Manitoba Legislature was
toppled on July 1, 2021. In its place, a new grassroots cultural and political monument was
erected by some Indigenous activists (see Figure 12.1). In this way, the collision of crime, protest,
art and culture can be seen in present day struggles for recognition and decolonisation by
Indigenous peoples. Cultural criminology could be a valuable approach to analysing the way art
and culture are used to both further the project of colonialism and to promote social change.
However, as yet, a cultural criminological analysis of colonialism and anti-colonial protest has
yet to be written.

Figure 12.1: A Cultural Criminology of Anti-Colonial Protest. The pedestal of a statue of Queen Victoria has
been converted to a memorial to the victims of Canada’s residential schools. One form of public art
celebrating colonialism is replaced with a new form of public art drawing attention to genocide and state
sanctioned crime.
Media Attributions
• A Cultural Criminology of Anti-Colonial Protest © Dr. Steven Kohm is licensed under a CC

BY-SA (Attribution ShareAlike) license
12.2 Something Borrowed | 339

12.3 Culture and Late Modernity
DR. STEVEN KOHM
Culture is a foundational concept of this perspective. Cultural criminology takes its starting
point from the assumption that culture is “the stuff of collective meaning and collective
identity… Culture suggests the search for meaning” (Ferrell et al., 2008, p. 2). Interrogating
culture therefore amounts to a search for the ways in which we create meaning through
interaction with others in the world around us. Because cultural criminology asserts that crime
and culture are intimately linked, crime itself cannot be understood apart from these very
same interactive cultural dynamics. Cultural criminology further asserts that culture is fluid,
continually in motion and always resisting efforts to definitively pin it down. The conception
that culture is dynamic is a second foundational principal of cultural criminology. These two
foundational tenets of cultural criminology imply an affinity with the sociological theory of
symbolic interactionism and the related concept of social constructionism (see chapter 1 What
is Crime?). A third key concept in cultural criminology is the idea that we are living in a
time period known as late modernity. While there is debate among theorists about how best
to characterize our current age, most agree the so-called modern age that characterised
most of the twentieth century has been transformed in recent years (Hayward, 2016). Some
theorists describe the complete demise of modernity and claim we now inhabit an era of
postmodernity (e.g., Baudrillard, 1981; Lyotard, 1984). Other theorists argue that our current
time period is a continuation of modernity, but with important transformations in culture,
communications and the economy resulting in an era of liquid modernity (Bauman, 2000) or
late modernity (Giddens 1990). Cultural criminologists like Ferrell et al. (2008) do not take sides
in this debate, but claim the need for “a criminology that is not just aware of these debates…
but capable of understanding, documenting, and reacting to the particulars of contemporary
circumstances” (p. 63). Cultural criminology is a “criminology of the now” (Hayward, 2016, p.
300), uniquely situated to analyse current transformations, which cultural criminologists refer
to as late modernity. Characterised as “a world always in flux” (Ferrell et al., 2008, p. 6),
capitalism is transformed, becoming focused on selling lifestyles, experience and the image
(Ferrell et al., 2008, pp. 14-15). Within late modernity, crime is feared but is also highly valued
as an entertaining form of public spectacle. The logic of late modern capitalism and the rise
of new forms of communication and creative production mean that the spectacle of crime
can be transmitted and consumed in ways never before imagined by criminology. Today, a
crime may be committed entirely for the purpose of filming and sharing on social media (Yar,
2012). Crime is packaged and sold in new and unexpected ways in late modernity. For example,
iconic American guitar manufacturer Gibson was raided twice by the US Department of Justice
and accused of illegally purchasing endangered exotic wood species protected by US federal
law. Gibson settled the case out of court and released a series of 1750 guitars made with the
illicit wood (Faughnder, 2014). The guitars sold out in minutes and, according to the company,
owning an instrument made from wood with a checkered criminal past will make “a bold
statement for any revolutionary rocker” (“Gibson.com: Government Series II Les Paul,” n.d.).

Cultural criminology tries to make sense of instances such as this where culture, crime and
global capitalism collide in unexpected ways in late modern times.
A fourth key feature of cultural criminology is its commitment to critical and politically engaged
research. Cultural criminologists focus on the way everyday moments and aspects of culture
are intimately linked to broader structures of power—and resistance to power. Crime draws
meaning from and gives meaning to contemporary culture, and it is the role of cultural
criminology to untangle these multiple threads of meaning to flesh out crime’s central place in
our cultural lives. This sounds like a lot of ground to cover in one short chapter—and it is! To
help you appreciate the overall feel of the perspective, I will borrow some of the playful spirit
of cultural criminology, as lived and embodied by the likes of Jeff Ferrell – a key figure in the
movement. The remainder of the chapter is organised into five sections: 1) Boredom and Crime,
2) Crime as Pleasure, 3) Methods of Cultural Criminology, 4) Media, Popular Culture and the
Carnival of Crime, and 5) Critiques of Cultural Criminology. In the end, you may be left with
more questions than answers, and I think that’s exactly the point.
12.3 Culture and Late Modernity | 341

12.4 Boredom and Crime
DR. STEVEN KOHM
In the middle class suburb where I grew up, there wasn’t much to do, so we made our own fun—
often by breaking things. Everybody knows it’s fun to break stuff. Heck, I can remember one year
when the carnival came to town they sold tickets for a chance to swing a sledgehammer three
times against a new car. So yeah, breaking stuff was always a thrill and when I was kid, we broke
shit whenever we got the chance. So I didn’t give it much thought when I saw some empty wine
bottles laying in the alley behind the old boarded up gas station near my house. I had probably
smashed three of them against the cinderblock wall of the abandoned service station before I heard
an angry voice ring out behind me: “Hey, what are you doing?” I felt a hot jolt of humiliation rising
up from my gut and spreading like fire across my cheeks as I spun around and saw a middle aged
woman with folded arms standing behind me in the lane. I hesitated and then shot back with a
lie – “nothing!” – but it was no use. She scolded me and ordered me to pick up the broken glass
and put it in a nearby dumpster. I did so and the red hot sting of humiliation completely washed
over me like a swarm of fire ants. The woman demanded to know my name and where I lived, so I
lied again – this time with complete confidence and without hesitation. I jumped on my bike and
pedaled quickly away from the scene. That overwhelming feeling of humiliation was now giving
way to anger and just a little bit of excitement and exhilaration. The further I pedalled, the more
energised I felt. I also felt satisfied that my parents would probably never find out, and I got away
with it. Also, I realised that I was anything but bored in that moment.
The above anecdote is a slightly fictionalised amalgam of my experiences growing up in a dull,

middle-class suburb in a Canadian city and is meant to illustrate the immediate sensations of
minor acts of vandalism and transgression a key focus of cultural criminology. This account
probably strikes many of you as very different from most detached analyses in typical
criminology textbooks. Reading many mainstream accounts, you would think crime is like a
bad rash, or a sprained ankle—most criminology treats crime as if it were an unfortunate
affliction caused by bad luck, poor decision-making, or even social, psychological, biological
or environmental conditions that drive human behaviour. For many criminologists, the search
for the elusive all-purpose explanation of crime amounts to a Quixotic quest for determinate
background factors that exist behind the day-to-day immediacy of human life that are thought
to condition human behaviour. Crime has been blamed on factors including under-socialisation,
over-socialisation, the influence of delinquent peers, poor environment, a lack of social control,
flawed biology, and abnormal psychology. As Ferrell et al. (2008) lament, mainstream
criminology with its Likert scale surveys, government datasets, high-powered statistical
analyses and detached scientific objectivity drains the life out of its subject matter—often to the
disappointment of students—and reduces “the vivid experiential agony of crime victimization…
into abstract empiricism, the sensuality of the criminal event tabulated and footnoted” (p. 166).
What accounts for the multiple—often minor—and seemingly irrational episodes of

transgression and violence that occur every day in the back alleys and streets of contemporary
cities? Is breaking shit an outcome of background causal factors or a deliberate attempt to find
meaning and excitement in the dull and dehumanising routines of late modern life? Cultural
criminology takes as a starting point the realisation that contemporary life in Western nations
like Canada is structured by features that can lead to a condition of institutionalised boredom.
Ironically, widespread boredom seems to characterise a time period in which our culture
is “saturated with an unprecedented range of activities designed to engage and entertain”
(Steinmetz et al., 2017, p. 343). Moreover, society’s key institutions appear designed to produce
well-socialised—and bored—citizens:
public schools emerge as training centers for the new boredom, rehearsal halls for
the sublimation of individuality to disciplined efficiency; and for those insufficiently
socialized to the new order, the mental hospital, the prison, the juvenile lockup offer
entire institutions dedicated to the enforcement of tedium. (Ferrell, 2004, p. 291)
Boredom may generate “turmoil for the individual, triggering resistance ranging from the
mundane to the explosive” (Steinmetz et al., 2017, p. 356). For Ferrell (2004, p. 293), this raises
an intriguing question for criminology: “Are certain crimes committed not against people or
property as such, but against boredom?” It is certainly an oversimplification to claim that all
crime is a reaction to boredom—just as it is overly simplistic to attribute all crime directly to
class conflict (e.g., Chambliss, 1975). However, cultural criminology aims to counter mainstream
criminological theories focusing on background factors by shifting the analysis to the
immediate feelings and experiences of the criminal event itself (Ferrell et al., 2008). Cultural
criminology therefore analyses the foreground of crime, “the immediate, interactional dynamic
through which criminals construct crime” (Ferrell, 1992, p. 110). Hayward and Young (2004)
urge criminologists to examine “the adrenaline rush of crime… the various feelings of anger,
humiliation, exuberance, excitement, and fear” (p. 264) that reverberate through the whole
process, including “the intense gutted feelings of the victim, to the thrill of the car chase, to the
drama of the dock, to the trauma of imprisonment” (p. 264).
As the opening vignette illustrates, the decision to engage in low level deviance may be a
deliberate reaction against the tedium of modern life and a search for excitement. Cultural
criminology invites us to explore actions spanning a continuum of transgression from breaking
shit in the back alleys of middle class suburban communities, to the organised protests of urban
cyclists who gather together in critical masses on the streets of cities, to thrill-seeking car
thieves and joyriders whose crimes seem motivated by the search for meaning and excitement
in a world of conformity and sanitised consumption. Rather than viewing crime as the end result
of poor socialisation, blocked opportunities, or rational forms of cost-benefit analysis, cultural
criminology invites us to appreciate the immediate experience of crime as an action filled with
emotions such as fear, anger and excitement. Crime for some is a “sneaky thrill” (Katz, 1988, p.
52) and an escape from the everyday. After all, as Wilson and Kelling (1982, para. 11) pointed out
several decades ago, breaking windows is free and “it has always been fun.”
12.4 Boredom and Crime | 343

12.5 Crime as Pleasure
DR. STEVEN KOHM
Cultural criminology acknowledges the paradox of crime in late modern times. Crime provokes
a great deal of worry and anxiety, but it is also a source of great pleasure in popular culture. The
humiliation of offenders in news media and reality TV seems particularly popular in late modern
times (Pratt, 2000; Presdee, 2000; Kohm, 2009). Reality TV programs of this type include the
popular daytime courtroom show Judge Judy, as well as documentary-style programs that claim
to show the raw reality of prison and policing, such as Beyond Scared Straight, and Cops.
For Michelle Brown (2009), cultural engagement with punishment through prison museums,
film and television provide opportunities for the general public to be “penal spectators” (p.
8), who vicariously enjoy the state-sanctioned infliction of pain. For example, some years ago
while on a self-guided tour of historic Eastern State Penitentiary in Philadelphia, PA, I watched
a middle-aged father showing the death chamber to his two young children: “Look! That’s
where they executed the prisoners!” he exclaimed with excitement. Meanwhile, elsewhere in
the penitentiary, an art installation provided a critical take on punishment by recreating the
chain link cages of the American military prison at Guantanamo Bay, Cuba, used to confine
accused terrorists (without due process) following the World Trade Center attacks of 9/11
(Figure 2). This strange juxtaposition suggests that culture is anything but straightforward, and
the meaning of something like a prison is always up for negotiation. Cultural criminology tries
to untangle the way meaning about crime and punishment circulates through these kinds of
cultural performances and venues, feeding back into the way we think about the problem of
crime. Touring a prison can be experienced as fun and can also offer moments of critique. For a
1
CSC virtual prison tour, visit Beyond the Fence.
Cultural criminology shifts the lens to the immediate experience of crime, suffering, and
punishment and attends to the often conflicting feelings associated with them. Boredom and
pleasure are key concepts that cultural criminology uses to make sense of actions that appear
senseless. Expanding the analysis to a range of emotions beyond fear of crime, cultural
criminology attempts to reinvigorate the study of crime and punishment by engaging with the
subject in ways that acknowledge the seductions of crime reflected in popular culture and
entertainment such as films, TV and even prison museums.
1. Scan the QR code to access https://www.csc-scc.gc.ca/csc-virtual-tour/HTMLEn/index.html

Figure 12.2: Prison Within a Prison. This art installation at Eastern State Penitentiary museum is a replica of
the cages used to house “enemy combatants” from America’s war on terror in Guantanamo Bay, Cuba.
12.5 Crime as Pleasure | 345

Media Attributions
• Prison Within a Prison © Dr. Steven Kohm is licensed under a CC BY-NC-SA (Attribution
NonCommercial ShareAlike) license

12.6 The Methods of Cultural
Criminology
DR. STEVEN KOHM
6:45 AM. The clock radio was blaring the closing notes of some banal pop song from the 1980s when
the announcer chimed in with the daily news and weather. It was going to be a hot one today—34
degrees Celsius and it wasn’t yet June! The announcer made a quip about global warming before
moving on to the traffic report. Gridlock on Portage Avenue due to a protest in front of RCMP
headquarters. The discovery of hundreds of unmarked graves at a former residential school had
been in the news this week. I wonder if this protest was related to that? It also made me think
about the red dress hanging in my neighbour’s front yard [Figure 3]. I made a mental note to avoid
Portage Avenue on my morning commute downtown.
I switched off the radio, but before my feet could hit the floor I picked up my phone and upon
recognising my face, the device unlocked revealing a dozen unread emails. I quickly scrolled
through to see if anything was urgent. The first message screamed in all-caps: WINNER!!!!!!!
CLAIM YOURE FREE iPhone 11 Now!! I quickly swiped that message and several more like it in to
the trash before concluding there wasn’t anything important to deal with.
12.6 The Methods of Cultural Criminology | 347

Figure 12.3: A Red Dress: Art or Politics? In solidarity with murdered and missing Indigenous women and
girls. Is this a political or artistic act? Check out the Redress Project at https://www.jaimeblackartist.com/
exhibitions/.
After a quick shower and coffee, I punched the code into the alarm keypad by the front door, arming
the system before heading to the garage for my bike. I gave the tires a quick squeeze to ensure they
were fully inflated and checked to make sure my Abus Granit XPlus™ bike lock was secured in its
holster. I marvelled at how heavy it was, and I recalled watching a YouTube video showing the same
type of lock being cut with an angle grinder. The lock could be defeated, but it would take some
time. Surely a thief would pass my bike over in favour of easier prey?
I cycled down the back alley and noticed some new graffiti on a dumpster behind an apartment
complex. I was trying to decipher the colourful letters when I almost collided with a man pushing
a shopping cart. The cart was filled with cans and bottles and all sorts of metal odds and ends.
Before I could mutter an apology for nearly running into the man, I heard shouts and I looked to
see a uniformed security guard running from the apartment complex gesturing at the man with
the cart. I decided to keep riding and ignore the ruckus.

Figure 12.4: Never Forgotten. The mural depicting Murdered and Missing Indigenous Women and Girls was
commissioned by the city and local business community. Just out of frame, a homeless encampment under the
overpass provides shelter for the unhoused while an unauthorized graffiti tags says “FUCK BANKS.”
A bit farther along my ride, I noticed several tarps and tents strung up under a highway overpass,
and I wondered who might be living there. I also noticed the colourful mural dedicated to Missing
and Murdered Indigenous Women and Girls on the side abutment of the overpass. While reading
the names of the women depicted in the mural I saw that someone had added a new graffiti tag on
the overpass that read “FUCK BANKS.” The whole scene made me feel uneasy, and I quickly pedaled
away [Figure 12.4].
Later, while stopped at a red light, I noticed an advertisement on a bus bench had been recently
vandalised. This bench bore the same message since the very start of the COVID-19 pandemic: “Act
Responsibly to keep our businesses open” [Figure 12.5]. Today, it gave me a chuckle to see that above
this slogan someone had added “Government should” in black marker. The light turned green, and
I continued on.

Figure 12.5: (Government Should) Act Responsibly. Shortly after this photo was taken, a guerilla graffiti artist
added “Government Should” to the message.
Part of my commute to work follows a bike lane along a busy stretch of road downtown. Aside from
a white line of paint on the asphalt, nothing separates cars from cyclists and I felt a bit nervous,
especially at intersections where cars sometimes turn in front of me without looking. Sometimes
drivers even yell and make threatening gestures or cut me off in traffic [Figure 12.6]. Today, a car
pulled into the bike lane and stopped suddenly in front of me. I braked hard to avoid a collision and
looked on incredulously as a well-dressed man stepped out of the car without even acknowledging
me. “What the hell?” I shouted angrily, gesturing toward the no parking signs. “Fuck you!” he
replied, and all of a sudden he reached into his car and produced a tire iron. I quickly pushed my
bike up onto the sidewalk and pedalled hard past the scene. My heart was pounding and I was
shaking just a bit.
“Just another fucking Monday.” I muttered to myself as I made the rest of my way to work.

Figure 12.6: Please Give Me Space. A public awareness campaign urges drivers to be careful around cyclists.
However, cyclists are often the target of road rage, while the failure of governments to provide safe cycling
infrastructure leads to unnecessary deaths. Meanwhile, Winnipeg police have increased the number of tickets
issued to cyclists who ride on sidewalks to avoid dangerous streets (Sellar, 2021). Who is the criminal in this
situation?
This vignette is meant to illustrate how everyday moments contain within them opportunities
to think about how crime and control are woven into our daily lives, as well as the way power is
both exercised and resisted from below in late modern life. It also shows how crime and control
play out through moments embedded in culture. Take a moment to think about the range of
crimes implied by this anecdote. Everything from minor graffiti and the pilfering of scrap metal,
to online fraud, to state sponsored acts of murder and colonial genocide all weave their way in
and out of our everyday culture, as do acts of resistance to the exercise of control. Individuals
with power and privilege can rely on private security and home alarm systems for protection,
while those who are unhoused are vulnerable to exploitation and criminalisation for engaging
in acts of survival. Conflicts between motorists and cyclists boil over into violent confrontation,
and protests take the form of traffic blockades, pop-up art installations and guerilla graffiti
aiming to subvert government messaging. Imagine your own day and think about how crime
and justice weave seamlessly into your own lives and into culture.
For students trained in social science, this sort of criminology of the everyday may not seem

like a method of analysis at all. However, cultural criminology reaches back into the history
of the discipline to reclaim earlier approaches to studying crime. Looking to the origin of
the discipline, we can see that “many of criminology’s foundational works emerged out of
an idiosyncratic, impressionistic approach to ethnographic inquiry” (Ferrell, 2004, p. 295).
Regarded as the intellectual foundation of American criminology, the Chicago School of
Sociology in the early twentieth century epitomised this idiosyncratic approach. Chicago
School sociologists undertook their research far from their university offices and viewed the
city as an unknown territory ripe for scholarly investigation. They used a form of field research
adapted from anthropology called ethnography that involved long-term interaction and the
observation of cultural groups in their natural settings (see chapter on Methods and Measuring
Crime) to study unconventional groups and behaviours found throughout the city—from
Depression-era hobos (Anderson, 1923) to juvenile delinquents (Shaw, 1930). Frederic Thrasher
spent seven years undertaking immersive field research before writing his 571-page book The
Gang (1927). Robert Park, a leading figure of the Chicago School, was a former newspaper
reporter and used a similar approach to gathering stories from those living in the city. These
rich, detailed and experiential accounts of human behaviour nowadays seem almost romantic
and hardly resemble contemporary academic criminology. Also, it seems incredibly impractical
to spend seven years on field research. Can these approaches be updated and modernised for
late modern times when the world appears to be moving faster and faster?
In answer, many cultural criminologists propose that researchers engage in instant

ethnography—an approach that recognises that late modern life unfolds in unpredictable and
haphazard ways. Researchers can gain important insights into crime and control by observing
these fleeting moments which appear when researchers take the time to simply look around. As
the opening anecdote illustrates, keeping our eyes open to the way crime and control seeps into
our day-to-day culture can provide insight lacking in more traditional and planned approaches.
Cultural criminology celebrates and uses the unpredictability of late modern life to analyse and
offer social and political critique about crime and control. Take a few moments to look around
your world today. You may be surprised at what you see.
Media Attributions
• A Red Dress: Art or Politics? © Dr. Steven Kohm is licensed under a CC BY-NC-SA
(Attribution NonCommercial ShareAlike) license
• Never Forgotten © Dr. Steven Kohm is licensed under a CC BY-NC-SA (Attribution
• (Government Should) Act Responsibly © Dr. Steven Kohm is licensed under a CC BY-NC-
SA (Attribution NonCommercial ShareAlike) license
• Please Give Me Space © Dr. Steven Kohm is licensed under a CC BY-NC-SA (Attribution

12.7 Crime Media and Popular Culture
DR. STEVEN KOHM
Visit Los Santos & Blaine County. A true paradise of golf courses, strip malls,
environmental degradation and trailer parks – including … Peace of Mind. The Los Santos
Police Department is famous for tackling crime in the most aggressive and unhinged way
possible. This is through community outreach like stop and frisk, spectacular police chases
and liberal use of stun guns and service revolvers. -Grand Theft Auto V, Rockstar Games
Violent, immersive video games such as those offered by Rockstar Games—including Manhunt,
the wildly popular Grand Theft Auto series, and True Crime: Streets of LA—have captured the
attention of cultural criminologists (Rowlands et al., 2016; Steinmetz, 2018; Fawcett & Kohm,
2020). Video games have for decades been a source of spiralling mediated moral panic about
the presumed corrosive effects of violent media on youth (Rowlands et al., 2016). As Ferrell et al.
(2008) point out, moral panics about video games and other violent forms of culture today follow
many features of Stanley Cohen’s (1972) classic model. However, the moral panic of late modern
times unfurls “faster and more furiously” (Ferrell et al., 2008, p. 133). Rather than something to
be avoided, the logic of capitalism in late modern times sees great benefit in harnessing the
media attention spawned by a moral panic because, as the old adage goes, there is no such thing
as bad publicity. Today, “panic-inducing images of crime and deviance are now prime marketing
tools for selling products in the youth market” (Ferrell et al., 2008, p. 140), a process identified
in earlier time periods (e.g. McRobie & Thornton, 1995) but is accelerating in late modern times
along with the proliferation of interactive digital technologies and social media. For example,
Hier (2019) suggests that digital media logic produces a new kind of panic akin to a wildfire or
firestorm that burns intensely, but ends quickly.
Cultural criminology sees in crime media, such as violent video games, something more telling
about contemporary culture and the nature of global capitalism in late modern times. Video
games like Grand Theft Auto and others “exemplify the broader trend toward the
commodification of violence and the marketing of transgression” (Ferrell et al., 2008, p. 139).
Atkinson and Rodgers (2016) argue that violent video games and explicit online pornography are
appealing in late modern times precisely because of the longstanding historical trend toward
what Norbert Elias called the civilising process. Over time, violence moved from being a visible
and commonplace part of our lives to being largely invisible and the exclusive domain of state
authorities. Michel Foucault (1977) vividly described this shift in his book Discipline and Punish,
which begins with a detailed description of the public torture, dismemberment and execution
of a criminal in France. However, just a few short years later, Foucault showed that punishment
had been transformed. No longer a public spectacle, punishment moved behind the walls of
newly developed penitentiaries and rituals of violence were replaced by self-regulating forms of
discipline enforced by new surveillance technologies. Thus, Atkinson and Rodgers (2016) argue
that as life has become more sanitised, safe and generally free of the threat of everyday violence,
12.7 Crime Media and Popular Culture | 353

new forms of entertainment like violent videogames have become an outlet for our repressed
violent impulses. The cultural industries have responded by offering a wide variety of products
that play on our interest in participating in or witnessing forms of violence and humiliation that
were once a common feature of public life. So while public executions are long gone, these
public rituals have been replaced by violent first-person videogames and the public humiliation
and punishment of putative criminal offenders on reality TV programs like Cops and Dateline
NBC: To Catch a Predator (Kohm, 2009).
Media and pop culture are important sites for cultural criminology to analyse the collision of
culture, crime and control. Drawing from postmodern theory, cultural criminology asserts that
reality and representation can no longer be analytically separated:
In this world the street scripts the screen and the screen scripts the street; there is no
clearly linear sequence, but rather a shifting interplay between the real and the virtual,
the factual and the fictional. (Ferrell et al., 2008, p. 123-124)
Previously, cultural meaning was thought to be linear. In other words, reality comes first and its
representation in media comes only after the fact. For example, a crime takes place, and then
the news media reports the facts of that crime. But what if this linear order of meaning was
disrupted? For example, Kohm (2009) showed how the popular NBC TV news magazine Dateline
NBC: To Catch a Predator staged phony criminal situations to entrap men chatting online with
actors pretending to be minors. The television program not only created the story it would
later broadcast as “news,” but TV producers also choreographed police officers on the scene
to ensure dramatic arrests for the camera (Kohm, 2009). This example shows how a simple
linear conception of meaning may no longer be tenable in late modern times where news and
entertainment have merged into “infotainment” and news programs actively create the content
they report as news (Kohm, 2009). For a more detailed look at this issue, see part 1 of this two-
1
part series by 20/20 that investigates the program To Catch a Predator.
Cultural criminologists employ the concept of loops to encapsulate the complex and non-linear
way meaning flows through media and popular culture. They describe “an ongoing process by
which everyday life recreates itself in its own image” (Ferrell et al., 2008, p. 130). Jeff Ferrell
(1999, p. 397) describes this state of affairs as akin to a “hall of mirrors.” If you can imagine
the disorienting effect of a fun house filled with multiple mirrors, reflected images, and images
of images, you get a sense of the cultural and media loops that characterise late modern life,
wherein “images… bounce endlessly one off the other” (Ferrell, 1999, p. 397). When a crime
or a reaction to a crime is taken up by media, the effect is to “amplify, distort, and define
1. Scan the QR code to access https://www.youtube.com/watch?v=tOgsPglrFdc

the experience of crime” (Ferrell et al., 2008, p. 130). Nowhere is this more evident than in
so-called reality TV, a genre of television purporting to show real-life situations and events.
For example, several reality programs used footage from ride-alongs with police claiming to
realistically depict crime and urban policing in North America. The long running American
series Cops is the best known of these reality TV police programs, while in Canada, To Serve and
Protect imitated the formula using footage from police ride-alongs in Surrey, BC, Edmonton, AB
and Winnipeg, MB. To Serve and Protect initially aired in the 1990s and early 2000s, but was
rebranded and rereleased on Netflix in 2017 as Under Arrest. To bolster its claim to reality, each
episode begins with a voiceover: “This program contains actual police footage. No reporters, no
recreations” along with the caveat that “Any suspects shown are innocent unless proven guilty
in a court of law.” However, once a suspect is captured on camera, any distinction between
legal innocence or guilt becomes a moot point as often shirtless (and frequently non-white)
bodies with blurred faces are tackled and violently subdued by uniformed officers who speak
directly to the camera claiming the righteousness of their actions. As Doyle (2003) points out,
reality TV police programs are far from reality and depict policing from the point of view of
law enforcement, who exercise control over the content of the TV program. However, reality
policing programs result in a looping effect whereby police, suspects and the general public
come to believe that “appropriate law enforcement correlates with high-speed chases, blocking
and tackling, drawn weapons, and a shoot-first, think-later mind set” (Rapaport, 2007, as cited
in Ferrell et al., 2008, p. 132). Even more telling, Pamela Donovan (1998) describes a scene in a
suburban neighbourhood where crowds of onlookers watching police serve an arrest warrant
spontaneously break into the chorus of Full Circle’s “Bad Boys,” the theme song of Cops (Bad
2
Boys (Theme From Cops) ). In that case, it seems clear that the screen was indeed “scripting the
street” (Hayward & Young, 2004).
Another concept employed by cultural criminology to describe the dynamic interplay between
crime, control and media representation is that of the spiral. Like the discarded items Jeff Ferrell
(2006) found during his time as an urban scrounger, cultural criminology has re-discovered
an older concept in the sociology of deviance and put it to new use in analysing crime and
media in late modern times. As far back as the early 1970s, interactionists documented the
interplay between media, moral entrepreneurs, and subcultural groups resulting in a deviance
amplification spiral that, in effect, caused those labelled deviant to become more entrenched in
behaviour deemed troubling by authorities and news reporters (Young, 1971; Cohen, 1972). We
can think of media loops building over time into a spiral that in turn feeds back into society
through politics, public opinion about crime, and the actions of police and other agencies of
crime control. And while the contemporary mediated spiral resembles the moral panic of the
2. Scan the QR code to access https://www.youtube.com/watch?v=bBD8M3WFrAw
12.7 Crime Media and Popular Culture | 355

early 1970s, cultural criminologists like Ferrell et al. (2008) claim that late modernity fosters the
conditions for a sustained spiraling panic that is ongoing, rather than the short-lived episodes
described by Cohen (1972) and others. Whether conceived as a moral panic or a spiral of media
representation, cultural criminology continues the analytical tradition begun 50 years ago in
seeking to explain the seemingly irrational effects when crime, media and culture collide.

12.8 Critiques
DR. STEVEN KOHM
Sometimes cultural criminology has been accused of romanticism by portraying criminals and
deviants as cultural heroes who are fighting back against oppression through purposeful acts
of transgression and deviance (Hall & Winlow, 2007). In response to this criticism, cultural
criminologists would argue that mainstream criminology, particularly positivist, rational choice
variants that reduce human action to a cost-benefit analysis, focuses too much on statistical
equations and mathematical models and lacks any empathy for the plight of criminals. In fact,
cultural criminologists have suggested that this can make criminology boring and take away
from what makes crime and criminology fascinating to students and the general public alike.
Cultural criminology is also criticised for placing less emphasis on wider social structures
and giving more attention to individual human action. However, proponents argue that this
ignores the objective of cultural criminology to critique power. Cultural criminology takes up
a critical position against power resulting from broader structures that produce inequality,
such as capitalism. For example, cultural criminology examines the way violence reflects power
relations in society. Certain forms of violence may be deemed entertainment when filtered
through the lens of media and popular culture, while acts of state-perpetrated violence or
abuse in times of war, such as in the aftermath of 9/11, may be deemed justified and culturally
appropriate given the threat posed by foreign terrorists. For cultural criminology, “violence, it
seems, is never only violence. It emerges from inequalities both political and perceptual” (Ferrell
et al., 2008, p. 13). A cultural criminological analysis of power examines how we understand
particular acts of violence. For instance, some cultural criminologists have called for a new
visual criminology that analyses the way images are central to the meaning of crime and
violence (Brown, 2014; Rafter, 2014; Brown & Carrabine, 2017). Some of the most iconic and
horrific photographic images of violence are captured in times of war. However, the meaning
assigned to these images exemplifies the work of power. For example, stark black and white
images of liberated World War II concentration camps evoke horror and outrage over the
atrocities committed by the Nazi state against humanity. These images unambiguously attest
to the total corruption of the Nazi state and confirm that genocide must be understood as
the crime of all crimes (Rafter, 2016). Alternatively, shocking digital photographs of American
soldiers sexually humiliating prisoners at Abu Ghraib prison in Iraq were invested with a very
different meaning. Rather than suggesting a political culture of criminal corruption and state
sanctioned torture among the occupying US military, public outrage focused only on the
individual soldiers caught smiling for the camera. Carrabine (2012) points out that images of Abu
Ghraib failed to provoke the same outrage as photographs of the Nazi Holocaust because they
bore a resemblance to other forms of popular culture that celebrate violence and humiliation
such as internet pornography and reality TV. In fact, he argued that “these violations of
humanity scarcely trouble consciences” (Carrabine, 2012, p. 486). Images such as these reflect
power, and are themselves powerful to look at. I will not reproduce these images of torture here,
12.8 Critiques | 357

but the photographs are widely circulated on the Internet, and there are several documentaries
that provide greater context and commentary. Ghosts of Abu Ghraib (2007) and Standard
Operating Procedure (2008) provide a critical look at this incident and the meaning of the
photographs.
A final critique of cultural criminology is that it is primarily the view of white male academics
from a Western-centric point of view. Naegler and Salman (2016) point out that the kinds of
crime that interest cultural criminology are mostly masculine pursuits, like graffiti-writing,
joyriding and base-jumping. As noted above, the struggles of Indigenous activists for
recognition and decolonisation have not yet been the subject of cultural criminological analyses.
However, that does not mean the perspective can not offer the tools to engage with Indigenous
struggles for justice. Cultural criminology would be well positioned to analyse the way culture
may be used to advance an anti-colonial agenda. Many of the tangible acts of resistance
embodied in recent activities by Indigenous activists—like pulling down statues, positioning
children’s shoes on the steps of Catholic churches, and placing dozens of tiny orange and pink
flags on the front lawn of the Manitoba Legislature (see Figure 7)—are imbued with cultural
meaning. To some politicians, these acts of resistance are crimes against culture deserving
of criminalisation or simply acts of mindless vandalism. Conversely, activists see culture as
a key battleground for advancing an anti-colonial agenda for social change. While there is
some intriguing new cultural and critical research being done in the settler colonial context
of Australia (see Cunneen and Tauri, 2016, Cunneen, 2010, 2011), more work is needed in
Canada and beyond to fully realize the potential of this perspective to address historical and
ongoing injustices for Indigenous peoples. Acts of resistance by Indigenous activists that play
out via culture call attention to the deafening silences of politicians and religious leaders who
have never been held criminally responsible for acts of abuse and genocide but who instead
offer hollow cultural performances of contrition rather than material reparations. Cultural
criminology holds great potential to understand the present struggles of Indigenous peoples
for justice and decolonisation and associated attempts to criminalise these actions as well as
the institutionalised denial by the Canadian state and the Vatican (see Cohen, 2001). However,
it is up to a new generation of criminologists to realize the full potential of this perspective and
decolonise cultural criminology.

Figure 12.7: Crimes of Culture and Culture as Resistance. Hundreds of orange and pink flags have been placed
by Indigenous activists on the front lawn of the Manitoba Legislature to draw attention to the abuse and
deaths of Indigenous children forced to attend residential schools in Canada.
Media Attributions
• Crimes of Culture and Culture as Resistance © Dr. Steven Kohm is licensed under a CC
BY-NC-SA (Attribution NonCommercial ShareAlike) license
12.8 Critiques | 359

12.9 Conclusion
DR. STEVEN KOHM
This chapter has outlined the key features of cultural criminology. Cultural criminology is an
attempt to breathe new life into criminology. It borrows from and adapts earlier sociologically
rooted theories of crime and deviance such as subcultural theory, labelling theory, and moral
panic theory. It focuses on the foreground of crime, rather than abstract background factors.
It analyses the everyday moments where crime weaves itself into our daily lives and focuses
on crime as a reaction against boredom as well as an act that can be associated with pleasure
and entertainment. Cultural criminology acknowledges and perhaps celebrates moments of
resistance to oppressive systems of power that generate inequalities in late modern life. Those
labelled criminal and deviant are seen to have agency, and their behaviour is viewed as
purposeful, even when their actions at times seem irrational. The dumpster diver and the
graffiti artist are viewed as potential urban activists whose activities constitute resistance to
the boredom and mindless conformity of daily life. Crime and culture intertwine in media
and provide moments for the enjoyment of crime, punishment and control. Crime seeps into
our lives in many small ways and the task of cultural criminology is to analyse the haphazard
and unexpected moments that can tell us much about crime in contemporary society as well
as reveal something about the oppressive structures of power in late modernity. Cultural
criminology might be a theoretical soup, but it is seasoned with spice and served hot at a time
when crime and control appear to be moving faster than ever before. In this world, crime has
meaning if only we care to look for it in the debris of contemporary culture. Welcome to the
exciting world of cultural criminology. Join us, if you dare.

DR. STEVEN KOHM
1. Can you think of a crime that went viral on social media? What made that crime
interesting or entertaining?
2. Imagine your typical daily commute to work or school. How many examples of crime or
acts of resistance to authority can you identify along the way?
3. It is said that history is written by the victors. If the history of the residential school era
was different, and those responsible for abuse and genocide were criminally charged,
would contemporary culture look different today? For example, what kinds of statues
would stand in front of our government buildings? Would activists be arrested for defacing
public monuments to convicted murders and abusers?
4. How often do you feel bored in your day-to-day life? Do you think that boredom is more
common now than in previous time periods? Why or why not?
5. Most types of violence are against the law, but some forms of violence are celebrated in
society and can even be viewed as entertainment. What are some examples of acceptable
violence
6. Imagine you are a Hollywood producer pitching a new idea for a reality TV show about
crime and justice. What is your pitch?

12.11 References
DR. STEVEN KOHM
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13.1 What is Green Criminology?
DR. GREGORY SIMMONS; DR. MARK VARDY; AND DR. ROCHELLE STEVENSON
Lynch (1990) was the first to use the term green criminology. He articulated the core ideas of
this critical perspective, arguing that
[m]any issues (e.g., racism, sexism, crime, environmentalism, etc.) can be related to
economic, political and class interests, and more specifically, to the ability of powerful
groups to manipulate and use race, class, gender, and the environment to preserve the
basis of their power (Lynch, 1990, p. 1).
Lynch (1990) points out not only the role of power in crimes against the environment, but also
how such crimes disproportionately affect individuals based on race, class, and gender. To this,
we would add species and nature, as green criminology expands the notion of victimhood to
include animals (plus sentient beings like fish and insects) and the environment.
South (2014) offers a simple definition of green criminology: “the study of crime, harm and
injustice related to the environment and to species other than humans” (p. 8). Though this
definition of green criminology may appear simple, there is much nuance contained within.
Such nuance is made visible in Brisman and South’s (2019) definition:
Green criminology refers to the study of environmental crimes and harms affecting
human and non‐human life, ecosystems and the biosphere. More specifically, green
criminology explores and analyses: the causes, consequences and prevalence of
environmental crime and harm, the responses to and prevention of environmental
crime and harm by the legal system (civil, criminal, regulatory) and by nongovernmental
entities and social movements, as well as the meaning and mediated representations of
environmental crime and harm (p. 1).
While it may seem complicated, to better understand the scope green criminology we can break
this definition down to a few core components: a focus on environment, animals and humans;
a focus on crime; a focus on harm; and a focus on injustice.
A Focus on Environment, Animals, and Humans
Much of traditional criminology is anthropocentric (human-centred), as theories and research

focus on humans both as perpetrators of criminal actions as well as victims of crime. In contrast,
green criminology broadens this view to include the environment (water, land, air, and plants) as
well as non-human animals, including wild, farmed, and domestic animals. Green criminology
moves away from a strictly anthropocentric perspective to a more encompassing view of who
13.1 What is Green Criminology? | 367

could be a victim of crime or harm. We discuss environmental victimisation further below in the
section ‘Green Criminology and Victimisation.’
A Focus on Crime
Green criminology is a perspective on crime, meaning behaviour deemed illegal, such as that
within the Criminal Code or prohibited actions in regulatory laws like the Canadian
Environmental Protection Act or the Species at Risk Act. Green criminology not only looks at
breaches of law, but also who is breaking the law, and how the justice system responds to such
breaches. Green criminology is a critical perspective and calls attention to the role that power
plays in determining both the laws and who is deemed to have violated those laws.
The example of industrial animal agriculture is useful here. The Criminal Code prohibits
unnecessary pain, suffering or injury of animals, as noted in s. 445.1(1). However, the animal
agriculture industry itself shapes the codes of practice, including welfare standards, via the
1
National Farm Animal Care Council (NFACC) , which is composed of a variety of interest groups
and provincial ministries. The Canadian Food Inspection Agency, which is responsible for
inspecting animal agriculture facilities, is also represented among the members of the NFACC.
In essence, the animal agriculture industry itself determines what is “necessary” pain and
suffering for the animals within their control, creating a loophole for corporations to continue
to treat animals poorly. Green criminologists call attention to gaps in law, highlighting the
loopholes that favour corporations and industries at the expense of animals and the
environment (Campbell et al., 2016; Girard et al., 2010; Long et al., 2012).
A Focus on Harm
Green criminology embraces a zemiological approach, which entails the study of social harm
(Naughton, 2007). As part of the focus on harm, green criminologists pose these critical
questions: Who determines what is harmful? and Who defines what is criminal? These questions
centre the issue of power, as in who has the power to construct definitions of environmental
1. Scan the QR code to access https://www.nfacc.ca/partners

crime, who has the power to resist definitions of harm, and importantly, who and what are
harmed by these actions.
Indeed, many actions that are legal are harmful and have more widespread impacts than “street”
crime. Long et al. (2012) point out the harm caused by legal practices within the coal industry,
such as the environmental devastation caused by strip mining and the chemicals used in
processing coal. Such devastation not only negatively affects the air and water, but also plants,
animals, and humans living in areas near coal mines. Furthermore, many normal practices
within animal agriculture are harmful to the animals and workers within the industry, as well as
the wider environment (Fitzgerald, 2015; Sewell, 2020). Benz (2019) discusses the water situation
in Flint, Michigan, highlighting the legal (and money-saving) decision to switch the drinking
water supply from the clean Lake Huron to the polluted Flint River in 2014 (see Michael Moore:
2
Flint water crisis ‘a racial crime’ ). After several years of recorded high levels of contaminants in
the water system, and the slow replacement of the pipes coupled with promises of safe water,
people in Flint still cannot drink the water from their taps, or trust the water is safe.
Hillyard and Tombs (2007) point out that “crime” is socially constructed (see chapter 1 What is
Crime?), meaning that an action has to be perceived as a crime and defined as a crime, and then
the definition must be accepted by society. They also point out, however, that crime serves to
maintain power relations…[and] although the criminal law has the potential to capture some
of the collective harmful events perpetuated in the suites and in the corridors of the state, it
largely ignores these activities and focuses on individual acts and behaviours on the streets.
(Hillyard & Tombs, 2007, p. 15)
Corporations have vested interests in defining some actions as criminal and resisting criminal
definitions of others. We can again look to the animal agriculture industry to illustrate this fact.
Farm and agriculture groups have successfully lobbied against attempts to revise the animal
cruelty provisions in the Criminal Code over the past two decades, fearing that a shift in the
law would make their “normal” animal husbandry practices illegal (Verbora, 2015). Yet, Canadian
provinces are moving toward so-called ag-gag laws; since 2019, Alberta, Ontario, Prince Edward
Island, and Manitoba have passed provincial ag-gag laws and amended existing legislation
2. Scan the QR code to access https://www.youtube.com/watch?v=3bciXJdz2YE

3
incorporating ag-gag language. Ag-gag legislation criminalises undercover investigations of
animal agriculture operations, limits whistleblowing, and prohibits the recording of animal
agriculture activities (Kramer, 2020). Such laws are supported by the animal agriculture industry
as they silence and criminalise groups and people who oppose them and further render the
conditions of the production of meat and fur invisible. Green criminologists point out the
speciesism inherent in these laws, and how such silencing harms both the animals and the
employees who work in these spaces (Fitzgerald, 2015; Kramer, 2020). See Criminalizing
4
Compassion: How Ag-Gag Legislation Lets Corporations Set the Laws of the Land to learn
about the first person to be charged under ag-gag laws in Utah.
Green criminologists call attention to this dichotomy between legal and harmful, and clearly
critique the power relations that allow the harmful behaviour of corporations to continue
seemingly unchecked (see Environmentalists want Nestlé to stop water-taking in Ontario town
5
amid drought to learn about the actions of Nestle and the town of Aberfoyle, ON). The focus
on harm allows green criminology to expand the idea of what should be considered under a
criminological umbrella, as well as expands the conceptualisation of who, and what, can be
considered victims of such harms.
A Focus on Injustice
With a focus on harm, and attention to power, green criminology’s concentration on injustice
follows naturally. A striking case of injustice persists in the homes of many Indigenous peoples
3. Scan the QR code to access https://animaljustice.ca/blog/federal-ag-gag-bill-could-punish-negligent-farmers-after-

amendments-at-committee
4. Scan the QR code to access https://www.youtube.com/watch?v=w2Q6e_hDhGo
5. Scan the QR code to access https://www.youtube.com/watch?v=4qydYA1LTsc

across Canada, where the stark impacts of colonisation and systemic oppression are felt. For
decades, multiple Indigenous communities have been living under water advisories, where
they must boil the water in order to drink it or bathe. Rather than this being a problem only
for remote communities, it is a problem for urban communities as well. For example, the
Semiahmoo First Nation only recently ended its 16-year boil-water advisory despite being only
five kilometres outside the city of White Rock, BC (about 50 km south of Vancouver), whose
residents have always had clean drinking water (Black, 2021). The federal government of Canada
has been promising for years to solve the water issue for Indigenous communities, yet the
situation continues. According to Black’s (2021) research, “the number of water-borne diseases
in First Nations communities is 26 times higher than the national average, and people living
on reserve are 90 times more likely to have no access to running water compared to non-
Indigenous people in Canada” (para. 8).
Green criminologists call attention to the fact that water is a human right according to the
6
United Nations (see Human Rights to Water and Sanitation ), critically analysing the structural
inequities systemic racism, and persisting colonial oppressions—that result in such situations.
Indigenous peoples around the world bear the brunt of environmental injustice, from toxic
oil contamination in Amazonian Ecuador (Kimerling, 2013; Pellegrini et al., 2020), to dam
construction in Brazil (Bratman, 2014), to the toxic waste situation in the United States (Vickery
& Hunter, 2016).
Table 13.1: Traditional Criminology versus Green Criminology: Core Components
Traditional Criminology Green Criminology
Anthropocentric – Focus on
Non-speciesist – includes environment and animals,
Scope humans, as perpetrators and
both human and non-human
victims
Moves beyond the Criminal Code and regulatory laws,

View of Examines breaches of the law as
questions the role of power, and asks who is breaking
Crime the problem
the law and how the justice system responds.
Narrow definition of harm – focus Zemiological – study of social harms, including harms
Harm primarily on harms resulting from resulting from both legal and illegal actions. Asks who
acts deemed illegal determines what is harmful and what is criminal
Crimes seen as acts committed Focus on injustices resulting from actions or inactions
Justice/ against the state; does consider of corporations, governments, and individuals. Calls
Injustice marginalization in perpetration and attention to injustices disproportionately experienced
victimization of crime by marginalized groups.
6. Scan the QR code to access https://www.unwater.org/water-facts/human-rights-water-and-sanitation

13.2 What is the Difference Between Green
Criminology and Environmental
Criminology?
Green criminology’s focus is on both legal and illegal harm to the environment (ecosystems),
humans, and animals. There is a sub-field of criminology, commonly referred to as
environmental criminology that focuses on the relationship between crime and space and place,
or the geography of crime and criminal behaviour (see chapter 16.4 Theoretical Approaches
Within Environmental Criminology).
While the chapter on Environmental Criminology briefly addresses the distinction, a simple
example is helpful here to understand the difference. An environmental criminologist would
focus on why crimes are happening in a specific location, for example, why auto thefts may be
higher in a particular neighbourhood or street. The environmental criminologist would look at
the physical space and ask the following types of questions: Is there sufficient lighting on the
street? Are there trees or bushes that hide the activities of auto thieves from people who live
in the area? Are there ways to adjust the physical environment, such as installing lighting or
removing bushes to decrease auto thefts? Can police patrols be increased to tackle the ‘hot spot’
of auto thefts? The environmental criminologist’s focus would be on preventing or reducing
criminal activity through altering the physical surroundings.
The green criminologist would have a different focus in this situation. They would be concerned
with the amount of light pollution that would result from installing brighter lights, as this may
harm the movement and life cycles of nocturnal animals. They would also be concerned with
the harm caused by the removal of shrubs and trees (which the environmental criminologist
may argue is necessary to increase the visibility of vehicles and thereby decrease the probability
of auto theft) as the trees and shrubs are important nesting sites for birds and contribute to
clean air by capturing carbon and producing oxygen. The green criminologist may agree that
increased police patrols are a good policy for decreasing auto crime in the neighbourhood but
would suggest bike patrols over typical police vehicles as they do not contribute greenhouse
gases to the atmosphere, and reduce harm to the environment. The green criminologist might
also identify forms of social harm in the neighbourhood that the environmental criminologist
would likely fail to consider—the factory that routinely discharges toxic waste into the local
waterways or the hazardous waste site located next to residential housing, for example. While
environment is a central concept in both green criminology and environmental criminology, the
concept sometimes means very different things!

13.3 Ecophilosophies Within Green
Criminology
Brisman and South (2019) identify three main ecophilosophies within green criminology:
anthropocentrism, ecocentrism, and biocentrism. Each of these orientations represents a
unique lens through which to view harm and crimes against the natural world. The
ecophilosophies also work together to provide a more comprehensive picture of the scope and
impact of environmental harms.
Anthropocentrism (from the Greek anthro, meaning human being or man) “emphasizes the
biological, mental and moral superiority of humans over all other living and non-living entities”
(Halsey & White, 1998, p. 349; emphasis in original). An anthropocentric perspective prioritises
human wants and needs and views the natural world as a resource to be harnessed, managed,
and conserved (Brisman & South, 2019). From this perspective, protection of the water and
air is important because humans need them to survive, while the conservation of animal
species is important as humans enjoy viewing tigers, elephants, and wolves. An anthropocentric
report on the impact of climate change would focus on the impacts on humans (e.g., the
reduction of liveable space due to higher water levels and desertification, how droughts and
floods impact food security), with little or no attention given to inequalities between humans.
Much of criminology already takes an anthropocentric approach, prioritising human victims
over animals or the environment. Anthropocentrism also highlights human-focused solutions,
such as genetically engineered seeds for higher yields and other technological solutions to
environmental problems.
Biocentrism is the opposite of anthropocentrism, perceiving humans as simply one species

within the natural world with intrinsic value. A biocentric philosophy does not subscribe to
the hierarchy of anthropocentrism, but instead sees every species and being as equal in worth;
the person is equal to the tiger, who is equal to the trout, and equal to the oak tree. This also
means that if the human population decreases, through a pandemic like COVID-19 for example,
the relative decrease in the human impact on the planet is perceived as a positive thing overall
for the planet. However, like anthropocentrism, the inequalities and disproportionate negative
environmental impacts on particular groups of humans (racialised, impoverished, or Indigenous
peoples, for example) is of little interest to biocentrism. Instead, the health and benefit of the
earth and environment are the priority.
Contrary to the other two ecophilosophies, ecocentrism “is based on the idea that humans and
their activities are inextricably interconnected with the rest of the natural world” (Brisman &
South, 2019, p. 5). In other words, humans are part of nature, but are neither above nor below
the rest of the natural world. The ecocentric philosophy is relational, recognising that humans
need to utilise natural resources to survive but have a corresponding responsibility to use
13.3 Ecophilosophies Within Green Criminology | 373

resources in a way that minimises the impact on the environment and other species (Halsey &
White, 1998). In the same relational light, ecocentrism is concerned with issues of social justice,
such as environmental racism, and seeks to eliminate exploitation of both the natural world and
those within it. Policies informed by ecocentrism seek to balance the best interests of humans
and non-humans, conserving and protecting resources for the survival and well-being of all.
For instance, the drive for increased consumption and throw-away products are challenged by
an ecocentric philosophy.
Figure 13.1: The Three Ecophilosophies.

Schaubroeck and Rugani (2017), used under
Fair Dealing Exception.
Media Attributions
• The Three Ecophilosophies © Thomas Schaubroeck and Benedetto Rugani adapted by

Gregory Simmons, Mark Vardy, Rochelle Stevenson is licensed under a All Rights Reserved
license

13.4 Green Criminology and Victimisation
Just as it challenges mainstream constructions of crime and criminality, green criminology

presses us to broaden our conception of what it means to be a victim of crime. Traditionally,
within criminology—and in the public mind, more generally—victimhood is understood in
relatively narrow anthropocentric terms (see “Ecophilosophies in Green Criminology”). Think
of the common picture of someone on the receiving end of interpersonal violence, perpetrated
perhaps at the hands of a stereotypical offender (young, male, racialised), possibly in a dark alley
or other “dangerous” setting. In contrast to this common understanding of victimisation, green
criminology adopts a more expansive picture of the victim and the context of victimisation,
one that aims to address conventional criminology’s neglect of nature and the impacts of
environmental harm. In the rubric of green criminology, victimisation is not limited to humans,
but also includes other species and even the broader environment. For a green victimology,
which White (2018) refers to as “the study of the social processes and institutional responses
pertaining to victims of environmental crime” (p. 239), understanding the effect of power on
both how we conceive of environmental harm and how we react to it is a central concern.
Consider the workplace. According to the International Labour Organization, each year across
the globe, a staggering 2.8 million people die as a result of their job (“UN”, 2019). An individual’s
risk of dying or being hospitalised because of unsafe working conditions is considerably greater
than that of being a victim of the type of violent crime that attracts the usual attention of
politicians, police and the media (Bittle, 2012). And while available evidence suggests that up
to 75 percent of workplace fatalities involve illegality on the part of employers, such deaths
rarely register in official crime statistics (Tombs & Whyte, 2017). Many such injuries and deaths
result from environmental hazards in the workplace – exposure to dangerous chemicals or toxic
emissions on the factory shop floor or to pesticides in an agricultural setting, for example.
Green criminology sees these workers as victims of environmental crime and injustice.
As consumers, we also may be the victims of environmental wrong-doing. For example, the
toxicity of chemical additives in consumer products, such as the fire retardants coated on
furniture or children’s toys or the Per- and polyfluoroalkyl substances added to food packaging,
has long been minimised or actively suppressed by the corporations that produce them (Maron,
n.d.; Perkins, 2021). Such substances are sometimes referred to as “forever chemicals,” so-
named because, until created by humans, they did not exist in nature and do not naturally break
down. They build up in the environment and bioaccumulate in the human body and, even at
extremely low levels, are associated with a range of diseases, including cancer and autoimmune
conditions. The impacts of consumer products are often exacerbated through greenwashing or
the portrayal of a product or service as environmentally friendly and not harmful. (see breakout
box below).
More generally, as citizens, we are to some degree all environmental victims. For instance, just
13.4 Green Criminology and Victimisation | 375

by virtue of existing, we all contain in our bodies harmful industrial pollutants, such as dioxins
and persistent organic chemicals, many of which have been released into the environment
illegally. The limited enforcement of environmental regulations, partnered with legal and
legislative loopholes, means there is often little in the way of sanctions or deterrents to such
behaviour. Green criminologists tend to view the economic and social power of the perpetrators
of such harms, as well as the complicity of governments in their creation (through lax
enforcement and permissive regulations), as at least in part responsible for the lack of
recognition of this broader victimisation within both criminology and society.
Discussions of abuses of power pair with discussions about justice. Green criminology offers
three distinct justice perspectives that often work in harmony to provide a comprehensive
picture of green victimisation: the environmental justice perspective, the species justice
perspective, and the ecological justice perspective.

Greenwashing
In their advertising, marketing and public relations efforts, corporations often present their
activities and products as environmentally benign or even helpful. They may claim that they
use “environmentally friendly” technologies or that their products are “natural,”
“biodegradable” or otherwise “green.” In many cases, these assertions are inaccurate and
designed to create a misleading impression in the minds of consumers. This deceptive use of
“green” language (or even the actual colour green in packaging) is known as greenwashing.
Examples of greenwashing abound. For instance, the advertising of multinational energy

companies mostly focuses on low-carbon sustainable alternatives to fossil fuels, when in fact
the great majority of these corporations’ annual investment remains in oil and gas (96% in the
case of BP, a company that has aggressively promoted its green image). This has prompted
campaigns and legal action by environmental groups to ban fossil fuel advertising (Carrington,
2021).
A far-reaching example of greenwashing is that of plastic recycling. Faced with mounting

criticism over the environmental consequences of plastic, in the 1980s, manufacturers decided
to push recycling to improve their image. They added the now ubiquitous number system (and
1
chasing arrows ) on plastic containers and spent millions promoting plastics recycling. Yet
while people now diligently sort their used plastic for municipal pick-up, believing that the
impact of all that plastic consumption is lessened because “at least it’s recycled,” globally only
about 10 percent of plastic actually gets recycled. While some jurisdictions recycle a much
higher percentage (e.g., British Columbia), most plastic ends up in landfills or is burnt.
Meanwhile, plastic production more than doubled from 1990 to 2010 (Passionate Eye, 2020). In
reality, the industry never considered widespread plastic recycling feasible, and for many, the
plastic recycling symbol stands as one of the most effective examples of greenwashing
1. Scan the QR code to access https://www.recyclingconnections.org/post/the-truth-behind-the-chasing-arrows
13.4 Green Criminology and Victimisation | 377

(Sullivan, 2020). For more on this example of greenwashing read Is Plastic Recycling A Lie? Oil
2
Companies Touted Recycling To Sell More Plastic.
2. Scan the QR code to access https://www.npr.org/2020/09/11/897692090/how-big-oil-misled-the-public-into-

believing-plastic-would-be-recycled

13.5 The Environmental Justice Perspective
The seemingly indiscriminate and far-reaching nature of many environmental and ecological
harms—industrial pollution, climate change, or the destruction of the natural world—can lead
to the impression that everyone is harmed in the same universal way (e.g., Beck, 1992a, 1992b,
1999). In reality, the experience of environmental harm aligns with social hierarchies and the
distribution of power and resources in society. Some groups are less exposed to environmental
“bads” than other groups, or to the extent that they are exposed, or are better positioned
to mitigate the negative consequences. The intersection of social relations of class, race and
gender, for example, is important to understanding differential exposure to environmental
harm (see, for example, Griefe et al., 2017; Simon, 2000; Stretesky & Lynch, 1999). The
disproportionate and unequal impact of environmental harms is the primary focus of the
environmental justice perspective. Intergenerational responsibility (our obligations to future
generations), equity (fairness) in the distribution of environmental resources and risks, and
the recognition of environmental rights that embody human freedom, social rights, and the
fundamental quality of life are central environmental justice values (White, 2015; White, 2018;
White & Heckenberg, 2014).
In the United States, the single biggest predictor of whether you reside near a hazardous waste
site is race. Fifty-six percent of people living in the vicinity of toxic waste sites are people
of colour (Covert, 2016). Such inequities demonstrate environmental racism. As discussed
earlier in this chapter, Indigenous peoples in Canada and across the globe disproportionately
suffer ongoing environmental injustice, including via increased exposure to environmental
pollution (e.g., Brook, 2000; Rush, 2002)—a reality embedded in colonialism’s continuing legacy
of discrimination, displacement and imposed structural inequality. One illustrative example is
found in the experience of the Aamjiwnaang First Nation located at the heart of “chemical
valley,” a stretch of southern Ontario known for having one of the highest concentrations
of chemical plants in North America. Sixty industrial facilities are located within a twenty-
five-kilometre radius of the Aamjiwnaang reserve (“First Nations Exposed,” 2013). Ongoing
water and air pollution from the facilities is compounded by frequent spills and a lack of
regulatory enforcement, oversight, monitoring and transparency (Cribb et al., 2017). The Ontario
Engineers’ union (The Professional Engineers Government of Ontario [PEGO]) has claimed that
the government agency charged with protecting the environment (Ministry of the Environment,
Conservation and Parks) was “muzzling and excluding key engineers that raise concerns with
respect to public safety, petroleum refineries and surrounding communities such as the
Aamjiwnaang First Nation” (Jarvis & Russell, 2017, para. 3). Testing has revealed elevated levels of
dangerous chemicals, including toxins that can interfere with the human reproductive system
(“Reproductive Toxins Discovered on Sarnia Reserve,” 2020). The Nation has experienced high
rates of birth complications and a shocking 2-to-1 female-to-male birth ratio (Mackenzie et al.,
13.5 The Environmental Justice Perspective | 379

1
2005). See “The Chemicals Are Within Us”: Toxic Tour with Aamjiwnaang First Nation for more
on the plight of the Aamjiwnaang First Nation. See Toxic waste dumping in the Gulf of Guinea
2
amounts to environmental racism for more on the concept of environmental racism.
1. Scan the QR code to access https://www.youtube.com/watch?v=j8k1T-xHMV8
2. Scan the QR code to access https://theconversation.com/toxic-waste-dumping-in-the-gulf-of-guinea-amounts-to-

environmental-racism-148542

13.6 The Species Justice Perspective
Victimisation as understood within green criminology extends beyond human beings. There is
a growing body of research and activism concerned with living creatures as victims in their
own right. A species justice perspective looks at the obligations and duties owed to non-human
animals from perspectives such as a utilitarian moral calculus (maximising overall pleasure and
minimising overall pain), the inherent value and rights of sentient creatures, or an ethic of
welfare and responsible care (see, for example: Aaltola, 2016; Beirne, 2004, 2007, 2009, 2014;
Goyes & Sollund, 2016; Nurse, 2016; Sollund, 2013; Wellsmith, 2010; Wyatt et al., 2018). Areas of
focus include the rights or well-being of animals in institutional or commercial settings such
as food production (Cudworth, 2017) and animal experimentation (Menache, 2017), individual
or interpersonal relations (Escobar, 2015), or at the level of animal environment and habitat
1
(White & Heckenberg, 2014) (see An Inside Look at Factory Farms, via Photographer Jo-Anne
McArthur for a look at the inside of factory farms. This may be graphic for some).
Consideration of the abuse and misuse of animals also extends to the genetic modification of
organisms via biotechnology and ethical issues arising from altering the fundamental nature of
living creatures, as well as the proprietary ownership and control of such modifications and, by
extension, of the identity of organisms themselves for commercial purposes (Goyes & Sollund,
2
2018) (see Bio-piracy: US companies patenting extract from the Kakadu plum ).
The concept of speciesism, which contends that some species of animals are inherently more
important than others, is central to the species justice perspective. Humans have complex and,
3
arguably, dramatically inconsistent relationships with animals. For example, people often treat
their pets (or animal companions) as beloved members of the family. Yet livestock are dealt
short horrific lives in factory farms, only to be slaughtered merely so humans can enjoy the
1. Scan the QR code to access https://www.youtube.com/watch?v=yrHT_Z33ivA
2. Scan the QR code to access https://www.youtube.com/watch?v=pU0dLsXCH-o
3. Humans, of course, are animals too. This conception of humans as distinct from and “above” animals can be considered
a form of speciesism.
13.6 The Species Justice Perspective | 381

4
taste of their flesh. The sheer scale of this suffering is immense: the global population of
chickens is 33 billion, of pigs is 700 million and of cattle, a billion (Shahbandeh, 2021a, 2021b,
2021c). This disparity exists despite the fact that farm animals are intelligent social creatures
that experience emotions and possess inner lives. We may think the distinction in how we
treat, say, a dog that is a pet and pig that is a food commodity is somehow “natural” or
“inevitable.” Ethically, such claims are dubious. Consider that at one time it was also assumed
that it was “natural” for white people to be masters and black people slaves, or for men to be
in the workplace and women in the home. We now find such claims abhorrent. They provide
a powerful illustration of how what is considered natural or taken-for-granted may in fact
reflect particular social and political relations of power. Species justice points out the parallel
between these latter forms of discrimination or “naturalisation” and the speciesism present in
rationalisations of our treatment of other forms of life.
Some conceptions of species justice also extend to plants, in regard to the impact of habitat
degradation and biodiversity loss on their existence (White, 2018). Species justice can be readily
applied to the case of genetically modified organisms (GMOs). A transgenic
organism[/pb_glossary] is a type of GMO that has had DNA from another creature introduced
into its genome. This is often done for commercial purposes, (e.g., so it will mature quicker
or be more resistant to disease). The multinational agri-chemical corporation, Monsanto (now
part of Bayer), has drawn controversy over its development and aggressive marketing of various
transgenic seeds. “Roundup Ready” canola is a transgenic organism developed by the
corporation to be resistant to the use of the herbicide, glyphosate—which the company also
produces (Bayer, n.d.). Thus, farmers can spray crops grown from seed sold by Monsanto with
a herbicide also produced by the company, killing all other plant-life and “weeds” as well as
exposed animals while leaving the canola intact. In India, the promotion of Bt Cotton—a type of
transgenic cotton produced by Monsanto intended to be resistant to pests—has been associated
with large numbers of suicides by farmers. Costs resulting from the high levels of water and
chemical inputs required and the fact that the seed loses vigour after one generation, meaning
it cannot be saved from plants but needs to be repurchased, have been linked to high levels
of debt on the part of farmers (Thomas & De Tavernier, 2017). This illustrates the connections
between environmental and species justice and points to the final perspective we will consider,
that of ecological justice.
4. From an ecological justice perspective (see below), the rearing of animals contributes immense harm to the
environment including 18% of global greenhouse gas emissions (Xu et al., 2021). Farmed animals are usually fed
agricultural crops, crops that could be much more efficiently consumed – and that would feed many more people -- if
they were eaten directly by humans, instead of fed to animals that are then consumed by humans.

13.7 The Ecological Justice Perspective
Under an ecological justice orientation, the domain of ethical concern is broadened still further.
Here, victims are not restricted to living organisms in themselves—be they human, animal,
or plant. Rather, “natural objects” (Stone, 1972) like lakes or mountains, as well as “nonhuman
environmental entities” (Cullinan, 2003) such as ecosystems, are regarded as entities deserving
of protection and preservation in their own right. Under this view, the natural systems in which
humans are embedded are conceived of not merely as property to be owned or resources to be
exploited and commodified, but as beings possessed of rights and inherent value in themselves.
Our relationship with them and our capacity to impact them in profound ways mean we bear a
stewardship responsibility for their preservation and conservation (White & Heckenberg, 2014)
The standing of such entities has begun to be legally recognised through a rights framework.
For example, in March 2017, the Whanganui River in New Zealand, was granted its own legal
identity, “with the rights, duties and liabilities of a legal person” (Te Awa Tupua (Whanganui
River Claims Settlement) Act 2017). The river is of special and profound spiritual importance
to the Māori people. The passage of the Treaty of Waitangi marked an effort to recognise the
river’s status as taonga (loosely translated as “special treasure”) by the Māori, concluding 140
years of negotiations between the Māori and the New Zealand settler government and marking
the conclusion of the longest-running legal case in New Zealand’s history. Whereas the granting
of legal personhood to a non-human being may strike some as strange, it should be noted
that this is already commonplace under Western law, which recognises the legal personhood
of registered corporations of Western jurisprudence; the guardians appointed by local Māori to
speak on the river’s behalf and take part in its co-management with the Crown bear a fiduciary
responsibility similar to trustees or the board of directors of a corporation. Under the 2017 law,
Te Awa Tupua was recognised as an “indivisible and living whole, comprising the Whanganui
River from the mountains to the sea, incorporating all its physical and metaphysical elements”
(Te Awa Tupua (Whanganui River Claims Settlement) Act 2017, s. 12). In this way, we see the
holistic ecological justice perspective of Maori incorporated into the western legal system, with
the goal of protecting the “spirit” of the river and all the beings connected to it. See Using
1
legislation to designate mountains and rivers as a people for a discussion on how legislation is
used to designate mountains and rivers as a people.
1. Scan the QR code to access https://www.youtube.com/watch?v=pRKJAn9WKAU
13.7 The Ecological Justice Perspective | 383

Table 13.2: The Three Justice Perspectives of Green Criminology
• Justice as grounded in overcoming the disproportionate impact of environmental

Environmental harms on marginalized groups in society (defined in terms of race, gender, class
Justice or other factors and their intersection)
• Anthropocentric orientation
• Justice as concerned with living creatures having intrinsic value and the rights,
Species
obligations and duties owed to them as a result
Justice
• Biocentric orientation
• Justice as recognizing that while humans inevitably impact natural entities and
Ecological the natural world, they are worthy of protection in their own right and not just as
Justice resources to be exploited or used instrumentally
• Ecocentric orientation

13.8 Linking Ecophilosophies, Justice
Perspectives, and Indigenous Ways of
Knowing
We can view a green victimology through the lens of each of the ecophilosophies discussed
earlier in the chapter: anthropocentrism, biocentrism and ecocentrism. Recall that
anthropocentrism is human-centered, focusing on humans exclusively as both perpetrators and
victims. Naturally, then it sees environmental victimisation as restricted to human beings, either
in terms of direct harm or of harm flowing from the degradation of nature (the loss of economic
goods provided by the natural world, of shared cultural experience, or of opportunities for
individual enjoyment or aesthetic appreciation and aesthetic, for example). Biocentrism
operates under an expansive view in which there is no inherent distinction between life in all its
forms all are equally victims in the face of environmental harm.
Lastly, victimhood under ecocentrism, with its relational understanding of social and
environmental issues as intimately connected, takes on a more nuanced character than under
either of the previous two perspectives. Here investigation is required into the specifics of
damage, disruption and benefit in light of the needs of human beings, societies, other life-
forms and the processes that connect each to each other (Beirne, 2007; Brisman & South, 2019;
Chunn et al., 2002; Halsey & White, 1998; White, 2003; White & Heckenberg, 2014). Moreover,
the particular capacity of humans to “develop and deploy means of production that have global
consequences means that humans have a unique responsibility to ensure that such production
methods do not exceed the ecospheric limits of the planet” (Halsey & White, 1998, p. 355).
Hence, achieving justice means engaging in an on-going evaluation and re-evaluation of our
relations to the natural environment and broader world, one in which the environmental victim
is not a fixed entity but subject to ongoing determination and redetermination. Similarly, White
(2013, 2018) and others contend that a truly ecocentric approach to environmental harm should
develop from the iterative interaction of environmental justice, species justice and ecological
justice perspectives – through which their differences, inconsistencies and antagonisms are
resolved. This parallels with and connects to Indigenous worldviews that sees humans and the
natural world as imbricated in a reciprocal set of obligations and responsibilities, such that,
when honoured, a healthy balance between all is maintained (Borrows et al., 2019).
13.8 Linking Ecophilosophies, Justice Perspectives, and Indigenous Ways of Knowing | 385
Case Study: Tar sands, Indigenous justice and the
criminalization of protest
In this case study, we focus on the development of the tar sands in northern Alberta and
associated pipelines as an example of how the Canadian criminal justice system continues to
perpetuate historical injustices against Indigenous peoples. The tar sands – which are often
referred to as oil sands by those who are in favour of their development (Gunster et al., 2018) –
are found on Treaty 8 land and contain massive deposits of the fossil fuel. The presence of
large quantities of fossil fuels was known to the Government of Canada in the decades leading
up to the 1899 signing of Treaty 8, which covers more than 840,000 square kilometers and
includes 39 First Nations in what is now known as British Columbia, Alberta, Saskatchewan
and the Northwest Territories (Huseman & Short, 2012; Treaty 8 First Nations of Alberta, n.d.).
The Canadian government wanted the fossil fuels to be rendered available for extraction. The
Beaver, Chipewyan, Dogrib, Slavey, and Yellowknife Nations from the Anthapaskan (or Dene)
language group, and some members of the Cree Nation, with whom the treaty was first signed
in 1899, wanted to continue their traditional lifestyles (Huseman & Short, 2012). At that time,
they travelled freely across their lands, hunting, fishing, and trapping. The government treaty
negotiators promised that, if they signed the treaty, they would not be confined to reserves.
But the government negotiators withheld key truths, and the signatories of Treaty 8 were
prevented from being able to continue living in the way they had before European settlement.
Because they were not informed of the true purpose or intent of Treaty 8, it is an example of
how the Canadian government would “take without grabbing” (Fumoleau, as cited in Huseman
& Short, 2012, p. 220).
Extracting value from the tar sands continues the colonial appropriation and destruction of
Indigenous traditional lands and territories (Comack, 2018; Preston, 2013, 2017). The bitumen is
found mixed with clay, sand and water. This heavy and sticky substance is strip-mined and
processed using energy-intensive methods that deposit contaminated water and tailings over
vast areas, and while there is a problematic absence of rigorous scientific monitoring of the
ecological impacts of tar sands development, there is good reason to think that it greatly
damages the health of ecosystems and the people who rely upon them (Kelly et al., 2009;
Hodson, 2013; Smol, 2019; Westman & Joly, 2019). Furthermore, the pipelines intended to
transport the bitumen to the coast of British Columbia cross the traditional and unceded
territories of the Wet’suwet’en Nation, an unwanted intrusion into the land that sustains life
(Spice, 2018). Once it reaches the coast, corporations want to transport the bitumen to
overseas markets via approximately 220 oil tanker trips per year, greatly increasing the
chances for catastrophic oil spills to damage the coast of British Columbia (Swift et al., 2011, p.
18). As if this threat of environmental destruction was not bad enough, the tar sands contain
enough fossil fuels to lead to significant climate change, which is yet another way that
Indigenous peoples are dispossessed of their lands and heritage (Mantyka-Pringle et al., 2015;
Whyte, 2017).

The official avenues through which both Indigenous and non-Indigenous peoples can
participate in decision-making about the tar sands is curtailed by political and legal
frameworks that favor industrialized development (Bowness & Hudson, 2014; Heydon, 2018).
Frustrated by this lack of meaningful engagement, the Wet’suwet’en Nation established camps
on their land through which pipelines are being built (Spice, 2018). The camps are frequently
subjected to military-style police raids (e.g., Hosgood, 2022; see also Nations Divided: Mapping
1
Canada’s Pipeline Battle [Kestler-D’Amours & O’Toole, 2019] for the online story and
visualisation). The courts occasionally remind governments that they have a duty to consult
First Nations about tar sands development (e.g., Kurjata, 2021). However, the courts also issue
and uphold injunctions that fossil fuel corporations use to have the police remove and arrest
pipeline protestors (Spiegel, 2021). Furthermore, despite the protection offered by the
Canadian Charter of Rights and Freedoms to voice opposition to tar sands development,
Indigenous and environmental groups who did so were put under surveillance (Crosby, 2021).
As criminologists have demonstrated through extensive research, the RCMP, the National
Energy Board, Enbridge, and private security firms regularly shared information, tactics, and
data with each other, including the names of individual citizens who had not been convicted of
any wrongdoing and who were exercising their right to protest. In doing so, public agencies
aligned themselves with the private interest of corporations who sought to gain profit by
developing the tar sands, while criminalizing ordinary people (Crosby & Monaghan, 2018;
Monaghan & Walby, 2017).
1. Scan the QR code to access https://interactive.aljazeera.com/aje/2019/nations-divided-mapping-canadas-pipeline/

index.html
13.8 Linking Ecophilosophies, Justice Perspectives, and Indigenous Ways of Knowing | 387
13.9 Conclusion
Rather than being a specific theory of crime or criminality, green criminology is more of a
sensitising perspective, a lens through which we can view actions and events (South, 1998) that
challenges us to consider both harmful and criminal actions as well as the impacts of both
actions and inactions not only on humans but on other species and the natural world. Green
criminology is also a call for critical change; it is a call for justice in a broad sense, with a
wide understanding of perpetrators of harm as well as the victims of such harm. This expanded
notion of victimisation includes who or what can be a victim of crime and/or harm, and the
environmental injustices disproportionately experienced by marginalised groups in our society.
Looking at the role of power through the examples outlined in the chapter, such as the situation
of toxic waste and surveillance of environmental protestors, green criminology offers a critical
lens through which we can unpack the actions of state and corporate actors, and identify
opportunities to confront injustice and implement needed change.

1. How might the three justice perspectives (environmental, species, ecological) address the
issue of the Aamjiwnaang First Nation and the Chemical Valley in southern Ontario? What
would each perspective focus on, and what solutions would each perspective suggest?
2. Imagine you are part of group of students planning a lawful and peaceful protest in order
to pressure politicians to act on climate change. Do you feel that surveillance should be
allowed? Would you feel differently about joining the protest if you knew that police were
going to conduct surveillance at it? Why or why not?
3. In what ways might being a member of a privileged group in society make somebody less
likely to be aware of environmental racism? Is there evidence of environmental racism in
your neighbourhood or broader community?
1
4. Consider the article “A Scourge of the Sea” that discusses the environmental impact of
salmon aquaculture in British Columbia. How could the issues raised be understood from
each of the perspectives on environmental victimisation and justice (environmental,
species, ecological)? How might they be viewed from an anthropocentric, biocentric or
ecocentric “big philosophy”?
5. Consider an example of marketing you have encountered in which a company makes
claims regarding the positive environmental aspects of its product. Do these claims hold
up when investigated further? Is this an example of greenwashing?
1. Scan the QR code to access https://www.thesocialjusticecentre.org/blog/2019/12/1/a-scourge-of-the-sea

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14.1 Definitions: Victim or Survivor?
DR. JORDANA K. NORGAARD AND DR. BENJAMIN ROEBUCK
People who experience victimisation self-identify in many ways, some as victims many as
survivors, while others use terms like thriver or overcomer (Ben-David, 2020; Roebuck et al.,
2020a). For many people who experience victimization, none of these words accurately reflect
their experiences, and they prefer not to use labels (Bouris, 2007; Roebuck et al., 2020a).
Within much feminist scholarship and the broader violence against women movement, the
term survivor is preferred since the word victim may be associated with weakness or passivity
(Abdullah-Khan, 2008). However, men who have experienced sexual violence or partner
violence are less likely to identify as survivors (Abdullah-Khan, 2008; Roebuck et al., 2020a).
Still, much of the historical or theoretical writing in victimology refers to victims. Victim is
also a legal term recognized within the criminal justice system and is used in victim rights
legislation, though there are diverse definitions in legislation, and someone can become a
“victim” without proceeding through the criminal justice system (Wemmers, 2017). The duality
of victim and survivor language is recognised by Canada’s federal Department of Justice, which
annually observes “Victims and Survivors of Crime Week.” For our purposes, we will refer to
people who have experienced crime as survivors, and use the term victim when referencing
historical, theoretical, or legal contexts.
14.1 Definitions: Victim or Survivor? | 399

14.2 Theories of Victimisation
One of the central concerns of victimology was identified by Quinney (1972), when he famously
asked, “Who is the victim?” Quinney argued that “the victim” is a socially constructed
phenomenon meaning that for someone to be recognised as a victim, there needs to be some
agreement within society. This means that power dynamics within society will influence
collective understandings of victimisation, allowing some people to be more easily recognised
as “victims” when they are harmed (Holstein & Miller, 1990; McGarry & Walklate, 2015). Christie
(1986) developed a typology of the “ideal victim,” suggesting categories of people who are most
likely to receive “the complete and legitimate status of being a victim” when they are harmed
(p.18). Christie (1986) suggests this is most likely to happen when the victim is perceived as weak,
engaged in a respectable activity, not seen as responsible for contributing to their victimisation,
and the offender is big and bad and unknown to the victim. The opposite is also true; when
people’s experiences of victimisation do not align with these characteristics, they may not be
recognized as legitimate victims. For example, Scott (2021) argues that single offences that
occur in public spaces with strangers tend to receive harsher penalties from the criminal justice
system than offences that occur in private, even when these are repeat offences by a person
in a position of trust. This can lead to an erosion of trust in the criminal justice system and
subsequently, reluctance to report future victimisation.
Early Theories of Victimology
There are early references to victims of crime in ancient texts like the Code of Hammurabi
(Hammurabi & Harper, 1904), or religious scriptures, where one of the earliest recorded events
includes an account of Cain murdering his brother Abel (English Standard Bible, 2001: Gen
4:1-16). And yet, despite historical texts and diverse legal systems and approaches to justice
across cultures, the contemporary discipline of victimology is commonly described as
beginning around the time of World War II (Godfrey, 2018; Wemmers 2017). One of the first
known scientific studies of victims of crime was a doctoral dissertation by Nagel (1949), a
Dutch scholar whose work was interrupted by WWII and published afterwards (Kirchhoff,
2010). In 1948, Hans von Hentig published his book The Criminal and His Victim: Studies in the
Sociobiology of Crime where he explored the characteristics of victims that might make them
more prone to victimisation. Von Hentig (1948) introduced the duet frame of crime, arguing
that both the victim and offender shared a degree of responsibility for crime. However, the
most notable scholarship at the time was from Benjamin Mendelson who first introduced the
term “victimology” at a lecture for the Rumanian Psychiatric Society in 1947, followed by an
influential article in 1956 calling for the creation of a discipline of victimology that would be

independent of criminology, and would bring needed attention to victims of crime. For this
contribution, Mendelsohn is often called the “father of victimology” (Scott, 2016; Wemmers,
2017). Mendelsohn’s (1956) early work also explored relationships between victims and
perpetrators, focusing on how responsible victims were for what happened to them.
In the following section, we will examine some common theories and perspectives used to
explain why victimisation occurs such as victim precipitation theory and routine activity
theory. We also discuss critical victimology.
Victim Precipitation Theory
Victim precipitation, also known as victim facilitation, refers to situations where the victim was
the initial aggressor in the action that led to their harm or loss. The theory was first coined
by Marvin Wolfgang, in his 1957 study of homicide. Wolfgang (1957) examined 588 homicides
that occurred in Philadelphia between 1948 and 1952 and found that in a quarter of his sample
(26%), the victim was the first to engage in physical violence, or in other words, the victim was
the initial aggressor. A major criticism of this theory is the assumption that the victim and the
offender enter into an interaction as equals, dismissing any power imbalances and/or dynamics
at hand (Scott, 2016). Research like Wolfgang’s (1958) has given rise to the phenomenon of
victim blaming. Victim blaming occurs when the victim of a crime is held responsible, in whole
or in part, for their own victimisation (Canadian Resource Centre for Victims of Crime [CRCVC],
2009a). Blame stems from a belief that there are specific actions people can take to avoid being
harmed. When such actions are not followed, others are not likely to sympathise with the victim
as they see the crime as avoidable had the victim chosen to take the appropriate measures to
avoid potential harm. Victim blaming can take the form of negative social responses from legal,
medical, and mental health professionals as well as from the media, immediate family members
and other acquaintances (CRCVC, 2009a).
You may ask yourself, why do people blame victims? Some research has suggested that blaming
crime victims helps reassure the person assigning blame that they are safe; as long as they do
not act as the victim did at the time of their victimisation, they will be unharmed (Fisher et al.,
2016; Karmen, 2020). Another reason victims are blamed is attribution error. Attribution error
occurs when individuals over-emphasize personal characteristics and devalue environmental
characteristics when judging others, resulting in victim blaming (CRCVC, 2009a). People who
make this error view the individual victim as partially responsible for what happened to them
and ignore situational causes. For example, if a victim was sexually assaulted by someone while
attending a party, some individuals may blame the victim for being assaulted based on what they
were wearing and/or for consuming alcohol at that time rather than taking into consideration
the motivation of the offender. A recent Canadian court decision in a sexual assault case
highlights victim blaming from within the criminal justice system. The judge presiding over the
case stated in his ruling that “people need to exercise extreme care when out drinking in public,”
14.2 Theories of Victimisation | 401

inferring that despite the victim being sexually assaulted by the offender, it was still the victim’s
responsibility to take precautions while drinking in public to ensure they do not face potential
harm (CBC, 2021, para 9). This type of statement can be extremely dangerous and unfair to
victims of crime. Both the Canadian Resource Centre for Victims of Crime and Ottawa Victim
Services criticized the judge’s wording, stating that it is “unacceptable and perpetuates violence”
(CBC, 2021, para 18). Victim blaming can have serious and negative effects on survivors, who
have been deemed at fault even though they bear no responsibility for the crime(s) committed
against them. Victim advocates argue that victim blaming undermines victim status while
simultaneously excusing the offender for the crime (Petherick, 2017). Survivors who receive
negative responses and blame tend to experience greater distress and are less likely to report
future victimisation (CRCVC, 2009a).
Routine Activity Theory
Routine activity theory (see chapter 16.4 Theoretical Approaches Within Environmental
Criminology) was first proposed by Lawrence Cohen and Marcus Felson in 1979. Cohen and
Felson (1979) posited that the risk of criminal victimisation increases when there is the
convergence of 1) the presence of a motivated offender, 2) an availability of suitable targets, and
3) a lack of capable guardianship (i.e. someone who could intervene to prevent the crime from
being committed). Without any one of these three elements, the likelihood of a crime occurring
decreases. This theory has met some criticism in the context of victimology as it assumes that
a victim can lessen the offender’s motivation by being less of a suitable target (Scott, 2016).
Furthermore, it assumes equality exists between all three parties: the victim, the offender, and
the guardian, ignoring the different power imbalances at play (Scott, 2016).
Critical Victimology
Critical victimology combines the concept of the ideal victim with intersectionality in an effort
to deconstruct victim blaming by calling attention to the ways race, gender, class, and other
identities shape social constructions of victimisation (Spencer & Walklate, 2016). For example,
critical victimologists would recognise that the violence against women movement has
increased the resources available to female survivors of partner violence and sexual violence,
but that women who are Indigenous, trans, or homeless may not have equal access to those
resources and may be treated differently within victim services or the criminal justice system.
Similarly, male survivors of partner violence or sexual violence have reported difficulties
accessing services or being believed when they ask for help (Cohen, 2014; Roebuck et al., 2020a;
Roebuck et al., 2020b).

14.3 Measuring Victimisation
Crime, and the factors related to it, are complex and can be measured in a variety of ways
(Cotter, 2021). As discussed in chapter 5 Methods and Counting Crime, data collected from the
Uniform Crime Report (UCR) and victimisation surveys offer different information on crime;
some differ in the populations they sample from, such as offenders versus victims, while others
make different assumptions about the reliability and validity of their data (Winterdyk, 2020).
In Canada, victimisation surveys are primarily used to help uncover crimes that have not been
reported to the police, otherwise known as the dark figure of crime. These surveys can be
conducted in a number of different ways in order to obtain more detailed information on
different crimes and their impact, such as the injury and cost to victims and/or survivors, as
well as to better understand why some crimes do not come to the attention of the police. The
decision to report or not report a crime is dependent on a number of factors, ranging from
the type of relationship the victim has with the perpetrator, the nature and severity of the
crime, the circumstances of the crime, the victim’s previous contact with police, and the level
of confidence the victim has in the criminal justice system (Fisher et al., 2016; Sinha, 2015).
General Social Survey
The largest administered victimisation survey in Canada is the General Social Survey (GSS).
Established in 1985, the GSS asks Canadians about their experiences with criminal victimisation,
including incidents not reported to the police, as well as a number of socio-demographic
questions. These questions provide relevant stakeholders with more detailed information to
examine victimisation rates across different populations and jurisdictions (Cotter, 2021). Results
from the most recent GSS survey in 2019 reported 8 million incidents of criminal victimisation.
It is estimated that one in five (19%) individuals (almost 6 million people) 15 years of age or older
in Canada reported that in the past 12 months they or their household had been a victim of one
1
of the eight types of crime measured by the GSS (Cotter, 2021). This is in stark contrast to the
2.2 million incidents reported to police in 2019 (Moreau et al., 2020).
A number of other smaller surveys seek to gather further information about the experiences
of victims not captured in traditional standard surveys like the GSS. Listed below are some
examples. (see chapter 5. Methods and Counting Crime)
1. Crimes include sexual assault, physical assault, robbery, theft of personal property, break and enter, theft of motor
vehicle or parts, theft of household property, and vandalism.
14.3 Measuring Victimisation | 403

Students’ experiences of unwanted sexualized behaviours and sexual assault at post-secondary
schools in the Canadian provinces (SISPSP): A 2019 survey that measured the nature and
prevalence of unwanted sexual and discriminatory behaviours and sexual assault among
students of Canadian postsecondary institutions.
Survey of Safety in Public and Private Spaces (SSPPS): A 2018 survey that explored Canadians’
experiences of safety at home, in the workplace, in public spaces, and online. The survey is
intended to inform interventions to prevent gender-based violence. Like the GSS, this survey is
carried out every five years.
Violence Against Women Survey (VAWS): A 1993 survey of Canadian women aged 18 and over
that examined women’s safety inside and outside the home, focusing on issues such as sexual
harassment, sexual violence, physical violence, and perceptions of fear.
Canadian Urban Victimization Survey (CUVS): A 1982 survey of adults aged 16 and over from
seven urban cities in Canada (St. John’s, Halifax/Dartmouth, Montreal, Toronto, Winnipeg,
Edmonton, and Vancouver) that asked the extent and distribution of selected crimes, the risk of
criminal victimisation, and the functioning of the criminal justice system.
Transition Home Survey (THS): A biennial survey starting in 1992 developed by the federal
government’s Family Violence Initiative aimed at reducing incidents of family violence in
Canada. The THS is a census of all residential agencies providing services to battered women
and their children across Canada.
Indigenous Research and Reports

2
The Aboriginal Justice Inquiry (1999) : This inquiry was commissioned by the Manitoba
government and was mandated to investigate the racism in Manitoba’s justice system
through a forensic probe of both the 1971 homicide of Helen Betty Osborne and the
1988 police shooting of J.J. Harper. The inquiry resulted in a report outlining 296
recommendations, some of which included calls to better protect Indigenous women and
girls, better coordination between police, social workers, and abuse teams to deal with
women involved in domestic violence, more community-based policing in predominantly
Indigenous populations, and cross-cultural training among police officers and justice
officials.
2. Scan the QR code to access http://www.ajic.mb.ca/reports/final_ch01.html

3
Forsaken: The Report of the Missing Women Commission of Inquiry [PDF] (2012) : This
inquiry and report examined the conduct of police investigations into the disappearance
of nearly 50 women reported missing from Vancouver’s Downtown Eastside between 1997
and 2002. The final report outlined seven critical failures in the police investigations
which included (but were not limited to) the failure by the police to fully investigate
serial killer, Robert Pickton, not taking proper reports on missing women, not using
available investigative strategies to solve the case, and the lack of an effective internal
review of the external accountability of police work. The report stated that there was
“isolated” bias to the missing women investigations that allowed “faulty stereotyping
of street-involved women” and that police failed to recognise their duty to protect
an endangered segment of the community. The report includes 63 recommendations
to improve supports for missing persons investigations, improve police training and
standards, and support Indigenous-led solutions to mental health and wellness.
4
Truth and Reconciliation Commission of Canada: Calls to Action [PDF] (2015) : This
commission was undertaken to document the history and lasting impacts of the Canadian
Indian residential school system on Indigenous students and their families. The
commission concluded that the residential school system amounted to cultural
genocide. The final report outlines 94 calls to action to facilitate reconciliation between
Canadians and Indigenous peoples.
Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and
5
Murdered Indigenous Women and Girls [PDF] (2019) : This report reveals that persistent
and deliberate human and Indigenous rights violations, and abuses are the root cause
3. Scan the QR code to access https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/

inquiries/forsaken-es.pdf
4. Scan the QR code to access https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/indigenous-

people/aboriginal-peoples-documents/calls_to_action_english2.pdf
5. Scan the QR code to access http://mmiwg-ffada.ca/

behind Canada’s staggering rates of violence against Indigenous women, girls, and
2SLGBTQQIA people. The two-volume report outlines 231 individual Calls for Justice
directed at various stakeholders to make transformative legal and social changes to
resolve the crisis that has devastated Indigenous communities across Canada.
A growing number of commissions and inquiries captured in these reports have demonstrated
the devasting impact of colonial and patriarchal policies that have disproportionally harmed
Indigenous peoples, in particular Indigenous women, girls, and 2SLGBTQQIA people. At the
same time, there are growing calls for a national inquiry into missing and murdered indigenous
men and boys who are murdered and go missing at a higher rate than women (CBC News, 2015;
Guyot, 2022).
Highlight Box 1: Documentary and Discussion Guide –

nîpawistamâsowin: We Will Stand Up
6
nîpawistamâsowin: We Will Stand Up (52 minutes) by Tasha Hubbard – NFB
nîpawistamâsowin: We Will Stand Up – On August 9, 2016, a young Cree man named Colten
Boushie died from a gunshot to the back of his head after entering Gerald Stanley’s rural
property with his friends (Hubbard, 2019). The jury’s subsequent acquittal of Stanley captured
international attention, raising questions about racism embedded within Canada’s legal system
and propelling Colten’s family to national and international stages in their pursuit of justice
(Hubbard, 2019).
Challenges to Measuring Victimisation
One of the biggest challenges in conducting victimisation research involves operationalising

criminal victimisation. Definitions directly affect how concepts will be measured in
6. Scan the QR code to access https://www.nf b.ca/film/nipawistamasowin-we-will-stand-up_52-min/

victimisation surveys (Fisher et al., 2016). In survey research the quality of the data obtained
from the survey depends on how questions are worded, how they are asked (e.g., face-to-
face), and how they are interpreted by respondents. Consider the following questions below in
Highlight Box 2 to illustrate the importance of wording in survey questions.

Highlight Box 2:
1. At any time in your life, have you ever been the victim of violence?
2. Since 2016, have you been a victim of family violence? Family violence is defined as any
harm (physical, psychological, financial), or threat of harm.
These questions would result in very different responses from the survey respondent.
Therefore, it is critical to consider how questions are asked in surveys and whether the
questions will generate reliable findings that can be generalized to the greater population.
Another challenge victimisation surveys face is the mode of data collection. Victimisation
surveys can be administered in a number of ways, such as in-person, over the phone, online,
or through the mail. As Fisher et al. (2016) note, even carefully constructed questionnaires will
fail to produce useful data if the method of survey delivery is flawed, resulting in low rates of
participation or questions that are not answered. Researchers must consider who the target
audience is and choose what mode of delivery is most appropriate. For example, a researcher
interested in studying partner violence may decide that in-person or telephone interviews are
not appropriate. Victims of partner violence may be unable to participate in the survey without
risk of harm from their partner. They may be unable to leave their household and/or talk freely
without fear of being harmed or threatened. Instead, it may be better to employ the use of an
online survey where victims can discreetly respond to the survey in the absence of their partner.
Lack of intersectionality is another obstacle in conducting research on criminal victimisation.

Many surveys are unable to capture the true prevalence of criminal victimisation due to under-
reporting and/or misrepresentation of the experiences of marginalised populations such as
those who identify as two-spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex
and asexual (2SLGBTQQIA+), racial and ethnic minorities, individuals who have a disability, and
people experiencing homelessness. This incomplete knowledge not only provides inaccurate
and distorted information regarding the scope and nature of criminal victimisation, but it is also
used to inform policies and practices that ignore, and potentially harm, marginalised groups
(Brubaker et al., 2017).

Highlight Box 3: Hard to Measure Crimes: Sexual Assault
Historically, sexual assault is a vastly under-reported crime. According to the 2019 GSS,
approximately six percent of sexual assaults were reported to police, making it the most
under-reported crime among those measured in the survey (Cotter, 2021). Respondents of the
2019 GSS reported the main reasons for not reporting their sexual assault victimization to the
police include the crime was too minor, not worth taking the time to report, matter was
personal or private, handled informally, did not want the hassle of dealing with police, not
enough evidence, felt the police wouldn’t have considered the victimization important enough,
did not think the offender would be convicted or adequately punished, and/or fear of
retaliation.
The #MeToo movement has played a significant role in bringing widespread attention to the
prevalence and under-reporting of sexual violence within society. The movement was first
established in 2006 by American activist Tarana Burke, after her own experience of sexual
violence (Canadian Women’s Foundation, 2021). The term re-emerged in 2017 with the
“#MeToo” hashtag on social media after a series of sexual assault allegations were made
against a number of high-profile figures and celebrities. The hashtag called on people to share
their experiences of sexual assault and harassment. According to the Canadian Women’s
Foundation (2021), #MeToo has been called a “watershed moment in the advancement of
gender equality”, providing a powerful platform to women to demonstrate the extent of sexual
assault and harassment across society (Canadian Women’s Foundation, 2021, para 2).
According to data reported by police to the UCR Survey, there were 23,834 victims of founded
sexual assault (levels 1, 2, and 3 combined) in 2017, representing a 13% increase from 2016
(Rotenberg & Cotter, 2018). In particular, nearly 2,500 victims of sexual assault were reported
by police in Canada in October 2017 alone (the same month #MeToo went viral). Furthermore,
changes to the definition of “founded” in the UCR has led to an increase in reporting. An
offence is defined as founded so long as there is no concrete evidence that the crime did not
occur (Statistics Canada, 2018). This has impacted the number of sexual assaults reported to
the police and may help explain changes to the overall crime trend of sexual assault.

14.4 Victim Rights
United Nations Declaration of Basic Principles of Justice for

Victims of Crime and Abuse of Power
In 1985, the General Assembly of the United Nations adopted the Declaration of Basic Principles
of Justice for Victims of Crime and Abuse of Power. Brought forward by the World Society
of Victimology, the declaration provided a blueprint for member states to develop their own
national legislation on victims’ rights, recommending measures to provide access to
information, participation, protection, assistance, restitution, and compensation. While the
1
Universal Declaration of Human Rights is not a legally binding document, it has sparked
legislative reform in many countries around the world.
Victim Rights in Canada
In Canada, because of the federalist system, the majority of victim rights are legislated and
administered through provincial and territorial governments. Saskatchewan was the first
province to enact a victim compensation program in 1967, and many other provinces and
territories quickly followed suit, building momentum for victim rights in Canada. The UN
Declaration was passed in 1985, and in 1986, Manitoba enacted a provincial Justice for Victims
of Crime Act. During the following two years, New Brunswick, Newfoundland, Northwest
Territories, Prince Edward Island, and Quebec all passed similar legislation. In 1988, to further
guide legislative and administrative initiatives, federal, provincial, and territorial governments
adopted the Statement of Basic Principles of Justice for Victims of Crime, which was revised
and affirmed again in 2003. By the time the federal government tabled federal victim rights
legislation in 2014, all the provinces and territories had adopted their own legislation. In 2015,
the Canadian Victims Bill of Rights (CVBR) came into effect. The law has quasi-constitutional
1. Scan the QR code to access https://www.un.org/en/about-us/universal-declaration-of-human-rights

status, which means it is subject to the Canadian Charter of Rights and Freedoms (1982) but
should be higher in status than other legislation. The CVBR includes the right to information,
protection, participation, and the right to request restitution. While these rights are important,
they are not enforceable through the courts, and the only form of recourse when a survivor’s
rights are not respected is to file a complaint.
The following provides a comprehensive overview of the various types of compensation and
assistance available to victims of crime in Canada. The discussion of restitution, compensation,
and victim impact statements will highlight the complexities of seeking support while
navigating the criminal justice system as a victim and/or survivor.
Victim Restitution and Compensation
If a crime victim suffers a financial loss as a result of the crime, they have the right to seek
financial redress in the form of [pb_glossary id=”4480″]restitution[/pb_glossary] from the
offender. Restitution occurs when the offender repays the victim for the financial losses they
have incurred as a result of the crime (Canadian Resource Centre for Victims of Crime [CRCVC],
2009b). This can include losses such as the amount of an insurance deductible, lost income,
medical, counseling or treatment expenses not covered by insurance, the cost of property
damaged and/or destroyed, and expenses for moving (Province of British Columbia, 2021a).
Restitution excludes pain and suffering, emotional distress, or other types of damages; these
losses can only be assessed in civil court (Scott, 2016). Restitution can be ordered by the criminal
court as a stand-alone order (given as an additional sentence), a condition of probation, or as a
conditional sentence, only after an offender has pleaded guilty or has been found guilty (CRCVC,
2009b; Province of British Columbia, 2021a). Research has found that as little as 3% of those
found guilty in criminal court are ordered to pay restitution (CRCVC, 2009b). Restitution can
be difficult to obtain as the accused may be unable to pay the amount ordered by the court;
furthermore, many provinces lack enforcement measures to ensure payment has been made to
the victim(s) (Wemmers, 2020).
Whether or not a judge orders the accused to pay restitution, this decision does not affect
a victim’s right to seek compensation through a civil lawsuit or to apply for compensation.
2
Compensation occurs when the state pays financial compensation to victims of violent or
3
personal crimes. Financial compensation is administered by each province and/or territory to
victims of crime, according to their own rules and standards. For example, in British Columbia,
the Crime Victim Assistance Program provides financial benefits to help offset monetary losses
and assist in recovery for victims, immediate family members, and some witnesses of a violent
crime (Province of British Columbia, 2021b). Benefits for victims of crime may include medical
2. State refers to the provincial or territorial government responsible for victim compensation.
3. Financial compensation not available in Newfoundland & Labrador and Nunavut for victims of crime.
14.4 Victim Rights | 411

and dental services, prescription drug expenses, counselling, protective measures, income
support or lost earning capacity, transportation expenses, crime scene cleaning, and much
more (Province of British Columbia, 2021b).
Victim Impact Statement
A victim impact statement is a written or oral statement made to the court by direct or indirect
victims to discuss the impact of criminal victimisation (Scott, 2016). The statement may include
a description of the physical, financial, and/or emotional effects of the crime. The statement
may be prepared by the victim themselves, by someone on behalf of the victim (e.g., a parent,
a spouse, a child), or by the survivors of deceased victims (Scott, 2016). Victims have the right
to prepare and submit a victim impact statement according to Section 722 of the Criminal Code
of Canada and the Right to Participation under the Canadian Victims Bill of Rights (Scott, 2016).
The decision to submit a victim impact statement is voluntary. A community impact statement
may also be submitted if the victim was part of a specific community, such as a school or sports
team, and a representative of the community would like to present a collective statement on
their behalf.
Victim impact statements can be introduced at various stages of the legal process, including
sentencing, bail hearings, plea bargaining sessions, and parole hearings. In Canada, victim
impact statements are used only after an offender is found or has pleaded guilty (Scott, 2016).
Victim impact statements have been found to be therapeutic for victims of crime. They allow
the victim and/or survivor to be acknowledged by the criminal justice system and to express
their pain and experience while providing valuable information to the court. Victim impact
statements can help the judge give a sentence more reflective of the true harm caused to the
victim and can help induce feelings of remorse in the offender (Scott, 2016). Although judges can
take victim impact statements into account, they are not required to use the statements as a
basis for a harsher sentence. Some victims of crime may choose not to prepare a victim impact
statement as they may feel uncomfortable describing their feelings in a public setting, may fear
retaliation from the offender, may find recalling the crime traumatic, and may feel dissatisfied if
their recommendations are not followed by the judge (Scott, 2016).

Highlight Box 4: Victim Impact Statement and Community
Impact Statement
Alberta provides fillable PDF templates to complete these statements. See the forms for:
4
Victim Impact Statement
5
Community Impact Statement
Balancing the Rights of the Accused with Victim Rights
The criminal justice system treats crime as an offence against the state, not the victim, and
most of the legally-binding rights in the process belong to the accused, who are guaranteed the
right to a fair trial, to legal counsel, and to be provided with information on the case against
them. If these rights are not respected, a mistrial may be called because there has been a
miscarriage of justice. When it comes to victims of crime, however, the legal onus is reversed.
The CVBR states that victims may receive information upon request. And there is no recourse or
legal consequence prescribed when the victim is not provided with information, beyond filing a
complaint. Survivors in Canada miss the opportunity to participate in hearings, to be consulted
about decisions that affect their lives, or even the chance to share concerns about their personal
safety—because they have not been provided with information and no one is responsible for
telling them. They may not know what information to request. In a progress report on the CVBR,
the Office of the Federal Ombudsman for Victims of Crime (Office of the Federal Ombudsman
4. Scan the QR code to access https://formsmgmt.gov.ab.ca/Public/VIC12469.xdp
14.4 Victim Rights | 413

for Victims of Crime [FOVC], 2020) argued that information is a gateway right, meaning that
other victims’ rights cannot be accessed if the victim is not proactively informed. The OFOVC
has called for a full parliamentary review of the CVBR to strengthen the legislation and to ensure
that victims have more consistent access to their rights.

14.5 Victim Assistance Services
Victims can receive help through a variety of victim services throughout each stage of the
criminal justice system. Victim-based services can be police-based, court-based, or
community-based. Police-based victim services are available to victims of all types of crime
and trauma. They are located in RCMP detachments and/or municipal police departments.
Police-based victim service programs respond to police call-outs and provide critical incident
response to victims and their family members in the immediate aftermath of crime or trauma
(Province of British Columbia, 2021c). Crown or court-based services are available to victims
of crime to enhance the understanding and participation of victims and witnesses in the
court process. Victim court support case workers work alongside victims, witnesses, and their
families to provide updates, information, and emotional assistance. They can assist with
preparing victim impact statements, applications for Crime Victim Assistance (if applicable),
and registration with a victim safety unit (if applicable). Additionally, victim court support case
workers can accompany victims and witnesses to court and Crown counsel interviews and
help connect victims and witnesses at the courthouse with victim service programs and other
resources (Government of Canada, n.d.; Province of British Columbia, 2021d). Community-
based victim services are available to assist victims of family and sexual violence, regardless
of whether the victim has reported the crime to the police. Some communities have specific
programs for women, children, youth, male survivors of sexual abuse, Indigenous peoples, and
people from specific ethnic communities. Services can be found in sexual assault centres, victim
advocacy groups, distress centres, and safe homes (Province of British Columbia, 2021c).
For many communities and victims and/or survivors of crime, traditional approaches to healing
such as talk therapy and crisis intervention may have little relevance within their cultural
context (D’Anniballe, 2011, as cited in Poore, Shulruff & Bein, 2013, p. 3). Instead, these
communities may opt to use more holistic and culturally relevant approaches to heal from
trauma and victimisation. A growing body of research has demonstrated that trauma can result
in significant changes to both the neurological and physiological make-up of an individual.
Trauma can affect survivors in many ways, and consequently, victim service providers have
begun to respond to an assortment of needs with a variety of healing paths. This may include art
therapy, arts and crafts, meditation and mindfulness, music and dance, sweat lodge ceremonies,
on-the-land and camping programs, healing circles, prayer, and traditional herbal medicines
(Poore et al., 2013). Moving away from traditional, Western approaches to healing can be
beneficial for victim service providers assisting Indigenous clients. Some Indigenous victims
may be wary of accessing victim services due to past discrimination and racism by social and
legal institutions (Ministry of Public Safety and Solicitor General BC, 2009). As a result, some
Indigenous victims may opt to access and use traditional approaches and culturally specific
strategies as part of their support and healing process.
14.5 Victim Assistance Services | 415

Highlight Box 5: British Columbia’s Family Information
Liaison Unit
The BC Family Information Liaison Unit (FILU) (n.d.) is a provincial frontline victim service unit
for families of missing and murdered Indigenous women and girls. Prior to the release of the
National Inquiry on Missing and Murdered Indigenous Women and Girls (MMIWG) in Canada
in 2017, consultation with families of MMWIG found a number of difficulties in accessing
consistent, reliable, and fulsome information related to their missing or murdered loved one(s).
Stemming from the recommendations of the National Inquiry on MMIWG, federal funding was
announced to develop and implement family information liaison units in each province and
territory. BC’s FILU became operational in 2018.
1
FILUs are designed to assist family members in accessing information they are seeking related
to the loss of their loved one. Family members are able to access information in a ‘one-stop-
shop’ to request existing information such as police investigations, coroner reports and
inquests, and court proceedings related to their loved one(s). FILU works with system partners
to share the gathered information with family members in both a trauma-informed and
culturally sensitive manner. FILU services and supports travel across British Columbia to help
connect families to local services and supports finding healing from the trauma of losing their
loved one(s) to violence.
1. FILU services and supports are available to family members of missing or murdered Indigenous women, whether or
not they are participating in the National Inquiry.

14.6 Impacts of Victimisation
Trauma is messy. There’s no road map; there’s no structure that’s going to work perfectly
for all people, all the time. Getting through it is tough. It takes a lot of resilience, a lot
of strength and people in your corner. A support network is so important. — Female
1
survivor of sexual assault (Roebuck et al., 2020a).
Victimisation can affect people physically, emotionally, mentally, and spiritually. When survivors
are unable to work or miss work because of the time involved in talking to police, lawyers, or
attending court, they can lose their income or housing, and accumulate debt. Some survivors
experience permanent disabilities or long-term symptoms of posttraumatic stress disorder
(PTSD), which can include dissociation, hyperarousal, avoidance, and feeling trapped in negative
thought patterns or moods (Andrews et al., 2003). The impact of victimisation can vary based
on the characteristics of the crime, the characteristics of the victim and their relationship
to the offender, and post-crime factors like receiving access to timely and effective support
(Karmen, 2020; Roebuck & Stewart, 2018; Wemmers, 2017). After victimisation, survivors are
suddenly forced to navigate many new and complicated realities, potentially interacting with
healthcare providers, media, police, and victim service providers, all while grieving and being
presented with complicated choices about how to move forward (Roebuck et al., 2020a). For
many survivors, there is so much work to do after experiencing violence that it can take a while
before they have the time and space to process what has happened. Throughout this time,
friends and family may not know what to say and may be silent to avoid causing further distress
or they might offer unhelpful advice (Brison, 2002).
Survivors can be particularly sensitive to language. Consider the impact of the following words:
“They are in a better place now”

“Everything happens for a reason”
“You’re lucky it wasn’t worse”
“I understand what you’re going through”
“You shouldn’t have had so much to drink”
“Do you have closure now?”
“You need to forgive them and move on”
“Triggered” (gun-related violence)
1. Throughout this chapter we will include quotes from survivors drawn from a Canadian study on resilience and
survivors of violent crime (Roebuck et al., 2020a, p.6).
14.6 Impacts of Victimisation | 417

Highlight Box 6: Documentary and Discussion Guide – After
Candace: The Art of Healing
Cliff and Wilma Derksen share their story of resilience and posttraumatic change following the
murder of their daughter Candace in 1984. Wilma reflects on complex grief and healing, while
Cliff shares the power of art to transform trauma. Full of wisdom, faith, and vibrant creativity,
Cliff and Wilma help us understand the multifaceted nature of violence and recovery. Filmed
2
on location in Winnipeg, Canada.
Figure 14.1: Posttraumatic Stress, Posttraumatic

Growth, and Posttraumatic Change. Figure used
under Fair Dealing Exception.
2. Scan the QR code to access https://express.adobe.com/page/2J3yPyq7jfM06/

Resilience, Posttraumatic Growth, and Posttraumatic Change
While the pain of victimisation may never fully subside, many survivors find ways to move
forward with their lives, navigating and negotiating their way through adversity—this is the
process of resilience (Ungar, 2004). Some survivors identify that doing this work also
contributes to posttraumatic growth (PTG). Tedeschi and Calhoun (1996) found that trauma
survivors commonly report growth in five domains: new possibilities, relating to others,
personal strength, spiritual change, and appreciation of life. Growth-related language provides
an optimistic framework for some survivors, while others resist the idea of PTG. Posttraumatic
change is a broader concept that incorporates posttraumatic stress and PTG responses to
violence, but also creates room to consider how survivors experience changes that are hard to
frame as negative or positive, or paradoxes such as a survivor feeling proud of their advocacy
work and while finding it humiliating at the same time (Roebuck et al., 2022).
Survivor Reactions to Services
“When people ask what the worst thing was to ever happen to me, I don’t say the sexual
abuse or rape. I say it was the trial.” – Female survivor of childhood sexual assault
(Roebuck et al., 2020a, p. 15).
Some victims choose not to participate in services to avoid re-victimisation. Re-victimisation

is the process by which victims feel victimised for a second time by the criminal justice system
and legal processes (Ahlin, 2010). Emotionally, victims may not be able to cope with this level
of stress and may feel unprepared to initiate contact for services and/or continue seeking
services to help them with their recovery. Some victims have been reported to have symptoms
of their (PTSD) triggered through court proceedings (Kilpatrick & Acierno, 2003). Findings from
a victim satisfaction survey administered by the Canadian Department of Justice found that
few victims (approximately 21%) used specialised victim services when provided at no-cost to
the victim (Department of Justice Canada, 2005). Patterson et al., (2006) contended that there
are several possible explanations for the refusal and/or withdrawal of these services, similar
to the reasons for not reporting victimisation to police. A close relationship to the perpetrator,
the gender of the victim and/or survivor, and fear can all play a role in service participation.
Patterson et al. (2006) found that some victims of crime were more hesitant to share their
experiences with victim service providers for fear of having any information used against them
in the future. The Canadian Department of Justice (2005) found that victims were less likely to
engage in victim-based services when they were less satisfied with the criminal justice system.
Survey respondents often felt frustration when information was limited, inaccurate, and/or
confusing (Department of Justice Canada, 2005). Dissatisfaction also arose when participants
were forced to initiate contact themselves with a criminal justice professional as well as from
receiving incorrect/inconsistent information from criminal justice professionals due to changes

in staffing (Department of Justice Canada, 2005). Further, previous negative interaction with
the criminal justice system was more likely to make victims wary of accessing services. Victims
were less likely to seek out services as disappointment from previous interactions influenced
their perceptions of victim-based services (Department of Justice Canada, 2005). Moreover,
victim-based service providers interviewed in the Northern territories of Canada found that
many victims had previously tried to reach out for support and were turned away. This negative
interaction discouraged clients from reaching out again in the future (Levan, 2003, p. 136).
Trauma and Violence-Informed Care
Trauma sustained from a crime can have long-term impacts on a victim and/or survivor,
regardless of whether the violence itself is on-going or occurred in the past. In recent years,
the criminal justice system has renewed its interest in the development and implementation of
trauma-informed practices to support victims and/or survivors of crime. Trauma and violence-
informed care (TVIC) approaches are policies and practices that recognise the connections
between violence, trauma, negative health outcomes and behaviours (Government of Canada,
2018). TVIC approaches expand on the concept of trauma-informed practice to account for the
intersecting impacts of the criminal justice system and interpersonal violence and structural
inequities on a person’s life. As such, these approaches bring attention to broader, historical,
social conditions and institutional forms of violence rather than seeing problems as solely
residing in the person’s psychological state (Varcoe et al., 2016). The Government of Canada
(2018) argues that this shift in language to include “violence” is critical as it underscores the
importance of the relationship between violence and trauma. TVIC approaches can increase
safety, control, and resilience for people who are seeking services in relation to experiences of
violence and/or have a history of experiencing violence. They can also minimise harm and re-
traumatisation to victims and/or survivors in a safe and respectful manner, acknowledging both
individual and systemic violence (Varcoe et al., 2016).
Service providers, organisations, and systems may not be aware that they can cause
unintentional harm to people who have experienced violence and trauma. Re-traumatisation
can occur for victims of crime in a number of different ways. For example, a crime victim may
feel re-traumatised when asked to re-tell their story of victimisation to different individuals
and/or organisations throughout a criminal investigation. They may have to tell their story
to the attending officer who was first to respond to the crime, to a doctor who treated their
injuries, to a detective overlooking the criminal case, to a victim support worker to access victim
compensation, and to a judge in a trial for the crime. This can be triggering to the victim and/
or survivor.
TVIC approaches can help make systems and organisations more responsive to the needs of all
people and to provide opportunities for practitioners to provide the most effective support to
their clients. By practicing universal trauma precautions, service providers can offer safe care

and support. Organisations can develop structures, policies, and processes that can foster a
culture built on an understanding of how trauma and violence affect peoples’ lives. According
to the Government of Canada (2018), there are four key principles for implementing TVIC
approaches for service providers and organisations.
• understand trauma and violence and their impacts on peoples’ lives and behaviours;
• create emotionally and physically safe environments;
• foster opportunities for choice, collaboration, and connection; and
• provide a strengths-based and capacity-building approach to support client coping and
resilience
For example, an organisation that provides shelter for victims of violence may help prevent
re-traumatisation by not requiring victims to disclose experiences of abuse in order to access
housing. The organisation may hire staff with lived experience of partner violence who can
better understand and support the victims they serve. Another example is the development of
child advocacy centres to provide emotionally and physically safe environments for children
who have been abused. These centres coordinate the investigation, intervention, and treatment
of child abuse, while helping abused children and their non-offending family members navigate
service systems and recover from experiences of violence (Government of Canada, 2018). By
conducting joint interviews during the investigative phase of the work, this multidisciplinary
team is able to minimise the number of times a child needs to re-tell their story of abuse while
helping them feel comfortable and safe.
Media Attributions
• Posttraumatic Stress, Posttraumatic Growth, and Posttraumatic Change © American

Psychological Association adapted by Norgaard & Roebuck is licensed under a All Rights
Reserved license

14.7 Conclusion
Victims and survivors of crime are often overlooked, despite being the target of the criminal
event. Victimology re-centres survivors in the study of crime, “pulling back the layers of
circumstance while examining in greater detail, the totality of the incident” (Scott, 2016, p.
xvi). As demonstrated in this chapter, victimology applies an intersectional lens to better
understand how people’s identities and social locations affect the way society responds to
victimisation. It is an interdisciplinary field that integrates perspectives from psychology, law,
criminology, sociology, and social work to explore the impact of victimisation, theoretical
perspectives, victim rights, and the experiences of survivors who interact with the criminal
justice system or victim services. We acknowledge the significant progress that has been made
in the provision of rights and services for survivors, while also calling attention to the continued
forms of re-victimisation survivors experience. We hope for a more compassionate future with
equitable access to justice, stronger rights for victims of crime, and widespread application
(TVIC principles).

1. Using an intersectional lens, what types of questions related to victimisation are missing
from the General Social Survey? Which type of questions should be included?
2. Imagine you have been a victim of a crime and you have agreed to make a victim impact
statement to the court. What information would you want to share? Use this Victim
1
Impact Statement and prepare your own.
3. Do you think all victims of crime deserve compensation? Write an argument both for and
against.
2
4. Watch the documentary, After Candace: The Art of Healing , and respond to three
discussion questions from the film guide
3
5. Watch the documentary, nîpawistamâsowin: We Will Stand , and make a list to document
how Indigenous Peoples in the film experienced racism. Make an additional list of ways
that Indigenous Peoples in the film showed strength and resilience.
6. Explain the concept of posttraumatic change. How does this apply to survivors of crime?
2. Scan the QR code to access https://express.adobe.com/page/2J3yPyq7jfM06/
3. Scan the QR code to access https://www.nf b.ca/film/nipawistamasowin-we-will-stand-up/

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Criminology, and Police Science, 48(1), 1-11.

15.1 Crimes of the Powerful are
White-Collar Crimes
MICHAEL BRANDT, MA
The idea that heads of corporations, the military, or leaders of countries (or those that work
closely with them) can actually be criminals (and in some cases, killers) may seem outrageous.
I recall discussing former U.S. president George W. Bush’s decision to invade Iraq in 2003 with
an acquaintance. Declared illegal by then U.N. Secretary General Kofi Annan, Bush’s decision
resulted in widespread injury and death (MacAskill & Borger, 2004). I suggested the large
number of deaths in the context of an illegal invasion made the U.S. president a serial killer just
like Robert Pickton. Someone nearby overheard our conversation and became outraged. They
could not believe I was “making a moral equivalence” between the actions of a U.S. president
and a serial killer. I actually said what the president of the United States did was arguably
morally worse than what Pickton did, based on the number of people killed: Bush’s invasion, it
is estimated, resulted in the deaths of 288,000 people, mostly civilians (Iraq Body Count, n.d).
The death toll attributed to Pickton: 49 (CBC/Radio Canada, 2007). Government actions, not
the actions of individuals acting alone, are responsible, by far, for most injury and death on the
planet. Indeed, wars resulted in over 350 million deaths in the 20th century alone (Friedrichs,
2007). The actions of corporations in their pursuit of profit have led to injuries and death that
far exceed those associated with the “crime problem” as commonly understood. And the actions
of senior members of the military have resulted in widespread fraud and the inability to account
for trillions of dollars in spending (Michigan State University, 2017). Despite often being ignored,
there is overwhelming evidence that:
[b]y every possible measure—money wasted, property destroyed, lives ruined, people
killed—the affluent are more dangerous than the poor. Authorities wreak more havoc
than their subjects. The “average” Canadian is more likely to suffer at the hands of
government, elected and appointed officials, business organizations, [or] professionals
[…] than from all the street thugs, youth gangs, home invaders, illegal (im)migrants, pot
growers and squeegee kids that our society can produce. (Menzies, Chunn, & Boyd, 2001,
p. 13)
Criminologists use a variety of terms to describe such “crimes of the powerful,” each referring
to a subset of harmful conduct. The most widely known term, white-collar crime, was originally
defined by American criminologist Edwin Sutherland as, “a crime committed by a person of
respectability and high social status in the course of his occupation” (Sutherland, 1983, p. 7,
emphasis added). The important feature of white-collar crime is that the individual is able to
use their occupational position and socio-economic status to commit their offence and avoid
detection. Sutherland (1983) focused on the most senior occupational positions — business
managers and executives — as they possess the power to cause the most harm. Sutherland
15.1 Crimes of the Powerful are White-Collar Crimes | 429

(1983) excluded powerful people’s crimes that are not connected to their occupational role.
Thus, a corporate executive convicted of killing his spouse would be guilty of murder, a crime,
but not a white-collar crime. He included within his definition of white-collar crime regulatory
offences as well as civil offences, as he saw no reason to segregate harms that can cause as
much (or even more) harm from those acts officially designated as crimes. Including these
noncriminal offences has caused some to replace the term white-collar crime with the concept
of white-collar deviance (Thio et al., 2013, p. 365). This chapter focusses on several types of
harmful behaviour including the traditional forms of white-collar crime, occupational crime
and corporate crime — as well as other forms of white-collar crime, including financial crime,
political crime, and the form of crime responsible for most human suffering, injury, and death:
state-organised crime.

15.2 Occupational Crime
MICHAEL BRANDT, MA
Although businesses are targeted for thefts by outsiders (e.g., shoplifters and robbers), most
thefts against businesses involve employees, executives, or owners, in what is referred to
as occupational crime (Friedrichs, 2007). Though the cashier at Walmart or the bank teller
at the Royal Bank that uses their position to steal from their employer for personal benefit
are also committing an occupational crime, people in the highest positions in an
organisation—managers and CEOS — have opportunities to steal significantly more money and
cause the most harm (Benson & Simpson, 2009). For example, one of the biggest Canadian
banking frauds of all time was perpetrated by Bank of Montreal manager Nick Lysyk. He
pled guilty to defrauding his bank of more than $16 million by opening up dozens of fake
loan accounts (Mahoney, 2004). A survey of Canadian businesses found that 55 percent had
experienced losses as a result of theft, fraud and cybercrimes and that occupational crimes are
increasing (Ruddell, 2017, p. 37).
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15.3 Corporate Crime
MICHAEL BRANDT, MA
Corporate crime is when an individual uses their position within an organisation to illegally
benefit corporate interests, including boosting profits or market share (Hoffman, Brown, &
Siegel, 2022, p. 272). Although corporate criminals act on behalf of their organisations, if the
individual owns shares or other financial interests in the business (e.g., performance-related
bonuses), they also stand to benefit personally. The financial losses corporate crime causes
far exceed the losses associated with street crimes, like theft or robbery. Consider that the
average robber gets away with $2,119 (FBI, 2019) while a single corporate crime can result in
losses in the hundreds of thousands of dollars. Note that much corporate crime is performed in
“accordance with the normative goals, standard operating procedures, and/or cultural norms
of the organization” (Pearce & Tombs, 1998, pp. 107-110, as cited by Bittle, 2012, p. 45). In other
words, it is just the way things are done at corporations to remain profitable in a capitalist
society.
Corporate Theft
One of the biggest corporate criminal cases of all time—involving the loss of $74 billion in
shareholder money—was orchestrated by senior managers at the U.S. corporation Enron (Segal,
2021). Named “America’s Most Innovative Company” six times, Enron filed for bankruptcy in
2001 after an elaborate accounting fraud was discovered (Segal, 2021). Enron executives falsified
profits by building assets, such as power plants, and then entering the future profits they were
projected to make from the asset onto its accounting ledgers before any actual money had
been made. If it turned out the asset made less money than projected, or even lost money,
Enron would camouflage this by using clever accounting procedures, such as labelling such
assets as “special purpose entities,” allowing them to remain hidden and unreported (Hayes,
2020, para. 4). When it became obvious inside Enron that the company was headed for financial
disaster (the news was not public at this point), executives, such as CEO Ken Lay, continued
to encourage employees to hold onto their Enron stock. However, knowing Enron was about
to implode financially, Lay rushed to sell off as much of his Enron stock as possible before
it became virtually worthless. He made off with millions of dollars in profits. Average Enron
employees lost their life savings. Several large corporations have committed similarly massive
accounting frauds, including Global Crossing, Qwest Communications, Tyco, Adelphia, and
Halliburton. In 2002, the telecommunications titan, Worldcom, committed accounting frauds
estimated at $11 billion (Rosoff et al., 2020, pp. 281-295).

Corporate Tax Evasion
Corporate tax evasion when corporations do not pay the taxes they legally owe to the
government is a crime that results in the loss of about $10 billion dollars to the Canadian
government every year (Beauchesne, 2019). This makes corporate tax evasion likely the single
largest re-occurring crime in Canada. While tax evasion is illegal, a significant amount of tax
revenue is lost as a result of tax laws that permit Canadian corporations to pay significantly
lower taxes by setting up corporate subsidiaries in countries with lower tax rates (e.g., Bermuda,
the Cayman Islands). These subsidiaries often exist on paper only, and may have no buildings
or employees. In these cases, they are called “shell companies,” (or “paper companies”) and
the countries they are created in are known as “tax havens.” Corporate giants, like Apple, have
managed to reduce their tax liability by billions of dollars by using tax havens (Institute on
Taxation and Economic Policy, 2017). The heavy lobbying of government by corporations has
resulted in laws that make the use of tax havens legal in some cases. Unfortunately, given
the lack of transparency surrounding the use of tax havens, it is difficult to separate the legal
use of tax havens from their illegal use. This is a significant problem for governments because
when a corporation employs techniques to evade its true tax liabilities, it is essentially stealing
money from the government that is used to fund public services and infrastructure (e.g., roads,
hospitals, waste collection, and social services).
Corporate Violence
While reports about murderers attract attention and outrage from the general public, breaches
of safety regulations are responsible for much more injury and death than criminal homicide
(Bittle, 2012; Reiman & Leighton, 2013). In 2018, 651 people were killed as a result of criminal
homicide in Canada (Juristat, 2019) compared to 1027 killed on the job (Wier, 2020). One
especially grievous example of workplace injury and death concerns the Johns Manville
Corporation and the manufacture of asbestos. Company executives had known for decades that
asbestos caused deadly illnesses such as mesothelioma and asbestosis, but conspired to keep
this information hidden from employees who were routinely exposed to asbestos in their work.
In 1949, when a Johns Mansville physician discovered X-rays showing asbestos was damaging
the lungs of employees, the employees were not told, even when their health grew worse
(Mauney, n.d., paras. 5, 9).
The Westray Mine disaster in Nova Scotia is another tragic example of needless death caused
by disregard for employee safety. On May 9, 1992, sparks from a machine in the mine ignited
methane gas causing a catastrophic explosion, killing 26 miners instantly. McMullan (2001, p.
135) reports that “[t]he explosion was so strong that it blew the top off the mine entrance,
more than a mile above the blast centre.” Despite receiving “more than fifty warnings about
workplace health and safety violations” of the Occupational Health and Safety Act, the owners of
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the Westray Mine, more concerned with maximising profits than the safety of their employees,
ignored them (Bittle, 2012, p. 5). Here is the key point: While those found guilty of homicide go
to prison, sometimes for life, those responsible for workplace deaths, even those completely
“foreseeable and preventable,” typically do not (McMullan, 2001, p. 136).
The Ford Pinto is yet another such example. Lee Iacocca was the president of the Ford Motor
Company at the time the infamous Ford Pinto automobile was manufactured. Ford executives
learned that the Pinto had a serious design flaw that caused it to explode and burst into
flames when hit even at low speeds. However, rather than recalling and repairing the vehicles,
executives conducted a cost/benefit analysis. First, they calculated the costs of paying out the
lawsuits they predicted would arise from the injuries and deaths ($49.5 million) and then they
calculated the costs to repair the car ($121 million) (Law Offices of Mitchell J. Alter, 2012). Given
the predicted cost savings of leaving the Pinto unfixed, Ford executives decided against making
the necessary repairs. As a result, hundreds of motorists were killed or seriously injured (Dowie,
1977). Ford was eventually charged with reckless homicide; however, “after mounting a million-
dollar defence based on the scary defence that the Pinto was no more dangerous than other
comparably sized cars of its time,” the company was acquitted (Rosoff et al., 2020, p. 97). One
angry citizen responded: “One wonders how long the Ford Motor Company would continue to
market lethal cars were [chairman] Henry Ford II and [president] Lee Iacocca serving 20-year
terms” in prison (Rosoff et al., 2020, p. 97).
Ford was still manufacturing and selling dangerous vehicles in 2000 and had to pay millions of
dollars in civil liability claims after “dozens of personal injury and wrongful death lawsuits” were
filed related to “concealing a dangerous design flaw” that made their cars stall in traffic (Rosoff
et al., 2020, p. 97). No one at the Ford Motor Company went to prison. Similar known design
flaws in automobiles manufactured by General Motors (GM) have caused the deaths of more
than a hundred people. No one at GM went to prison (Nader, 2015).

15.4 Financial Crimes
MICHAEL BRANDT, MA
Many white-collar crimes are financial crimes. These refer to “large scale illegality that occurs
in the world of finance and financial institutions,” such as banks and insurance companies, and
because of the vast amount of money involved and the risk these crimes pose to the integrity
of the economic system, they are placed in a separate category (Friedrichs, 2017, p. 153). These
crimes include banking frauds, price-fixing, illegal monopolies, insider trading and a variety of
unscrupulous behaviours that led to the financial crash of 2008.
Banking Frauds
In California, a person convicted of three or more crimes is subject to “three-strikes laws,”

which can result in a life sentence (California courts, n.d.). In contrast, consider the response to
three-time offender, the Wells Fargo Bank in California. In 2016, the Wells Fargo Bank was found
guilty of opening bank accounts in clients’ names without their knowledge and charging them
fees (Taub, 2020, xi). In 2017, the bank was caught overcharging for car loans and then illegally
repossessing customers’ cars. In 2018, Wells Fargo was found guilty of charging customers for
insurance they did not need (Taub, 2020, xix). Rather than anyone at Wells Fargo receiving
a life sentence, the bank was ordered to pay $3 billion to “resolve all ‘potential’ criminal and
civil liability with the DOJ [Department of Justice] and several other federal agencies”—a dollar
amount “just short of the bank’s quarterly profits” (Taub, 2020, p. xx). Despite the enormous
amounts of money defrauded by Wells Fargo, no one involved in these offences ever went to
prison. Numerous banks have engaged in repeated unethical and fraudulent practices resulting
in huge economic losses for customers, including virtually all the top financial institutions: AIG,
Barclays, Bear Stearns, HSBC, JPMorgan, Merrill Lynch, Lehman Brothers, UBS, Goldman Sachs,
and Wachovia. In virtually all cases, fines were levied and offenders avoided prison time (Rosoff
et al., 2020, pp. 334-341; Werle, 2019).
Price-Fixing
Price-fixing occurs when two or more companies that are supposed to be competitors conspire
to set prices at a certain level to avoid direct competition when selling the same products.
Price-fixing helps explain why many products, such as gasoline for our automobiles, are
typically priced at the same level regardless of where they are purchased in a city. However,
“[m]uch of fixing prices does not involve a specific conspiracy but rather takes the form
15.4 Financial Crimes | 435

of parallel pricing, wherein industry ‘leaders’ set inflated prices and supposed competitors
adjust their own prices accordingly” (Friedrichs, 2007, p. 74, emphasis in original). Price-fixing
scandals have involved many industries and consumer products including oil, natural gas,
pharmaceuticals, bread, vitamins, shoes, toys, video games, and infant formula (Rosoff et al.,
2020, p. 61). In fact, “price-fixing conspiracies have been uncovered for virtually every
imaginable product or service” and have been described as “a standard operating procedure”
by some business executives (Friedrichs, 2007, pp. 74-75). One of the largest price-fixing cases
involved eight pharmaceutical companies: Hoffmann-La Roche, BASF, Aventis SA, Solvay
Pharmaceuticals, Merck, Daiichi Pharmaceutical, Esai and Takeda Chemical Industries. These
companies conspired to increase and fix vitamin prices worldwide, meaning virtually every
vitamin consumer on the planet likely paid more than they should have (Guardian News and
Media, 2001). While price-fixing is widespread and results in people losing money without
knowing it, discovering price-fixing is extremely difficult. Indeed, it is believed that most price-
fixing cartels go undetected and that this practice is virtually built into our economic system.
Adam Smith (1977) acknowledged in his classic treatise, An Inquiry into the Nature and Causes of
the Wealth of Nations, that:
“People of the same trade seldom meet together, even for merriment and diversion, but the
conversation ends in a conspiracy against the public, or in some contrivance to raise prices” (p.
183).
Illegal Monopolies
Illegal monopolies occur when a company gains exclusive control over the consumer market
for a particular good or service through illicit conduct. John D. Rockefeller (July 8, 1839–May 23,
1937), one of the richest men of his era, famously remarked that “competition is a sin!” (Eschner,
2017, para 7) and set out to do everything in his power to eliminate it. Rockefeller’s tactic was to
use the enormous profits his company (Standard Oil) was making in the oil extraction business
to buy out his competitors; however, if the company refused to be bought, Rockefeller employed
other tactics: He also used his wealth to purchase all the products needed to produce oil and
refused to sell them to his competitors. He used his wealth to bribe railroad companies to limit
the number of trains available to transport competitors’ oil (Beattie, 2019). In 1892, the U.S.
government finally broke up the monopoly Rockefeller had built and his mammoth oil empire
was “carved up into smaller, but still sizeable chunks” (Beattie, 2019, para. 11).
Bill Gates, co-founder of Microsoft, may be the closest we have to a modern-day Rockefeller,
both in terms of the vast wealth he has accumulated, and in the tactics used to accumulate it. In
1998, Former Microsoft executive Rob Glaser testified in front of a Senate Judiciary Committee
that, under the direction of Bill Gates, Microsoft intentionally sabotaged a rival company,
RealNetworks, by installing a “bug” in the version of the Windows operating system they
were using causing it to malfunction (Rosoff et al., 2020, p. 64). Internal Microsoft documents

show Gates “was willing to use every tool at [his] disposal, including threats and financial
inducements, to force other companies to drop any planned or existing alliances with its
competitor Netscape” (Brinkley & Lohr, 1998, as cited by Rosoff et al., 2020, p. 65). In one
email entered as evidence, Gates is quoted as saying to a company executive, “How much
do we need to pay you to screw Netscape” (Rosoff et al., 2020, p. 65). The plan required
computer manufacturers using Windows 95 to install Microsoft’s Internet Explorer, rather than
other browsers, like Netscape. Customers were forced into using Microsoft’s web browser, and
prevented from using a competitor’s browser. Microsoft was eventually found guilty of engaging
in illegal monopolistic practices. As part of the settlement, the court ordered Microsoft to
submit to independent oversight to ensure it did not engage in this behaviour again, but on
an appeal to a higher court, this requirement was overturned and replaced by a watered-down
order that permitted Microsoft to monitor itself with an internal compliance committee (Rosoff
et al., 2020). Google, Amazon, and Facebook have all been accused of establishing monopolies
(Romm et al., 2020).
Insider Trading, Front Running, and Pump and Dump
Insider trading refers to “the buying or selling of a publicly-traded company’s stock by someone
who has non-public, material information about that stock” that will likely affect its value (Ganti,
2022, para. 1). Because such “insider information” can lead to unfair advantages, companies
are required to issue public press releases about events that affect their operations and stock
prices. If an employee at Company A learns that their company is planning to purchase
Company B, this is significant investor information because the price of stocks in Company A
will likely increase after the purchase to reflect the added value of Company B. The employee
who has insider information about the future of a company is at a distinct advantage over the
average investor who does not have such information.
“Front running” is a variation of insider trading where stock brokers take advantage of
information about imminent transactions that are likely to affect the value of stocks to enrich
themselves. Let us suppose that a stock broker receives an order from a client to purchase
a large number of shares in Company X. This purchase will likely push the price of stocks in
Company X up. Knowing this, the stock broker delays the stock purchase for the client just long
enough to buy stocks for themselves in Company X. Then, the broker purchases the stocks for
the client and immediately sells their own shares (at the higher share price), reaping an instant
profit.
Another type of investment fraud is called “pump and dump.” This is a scheme designed to boost
the price of a stock through “false, misleading, or greatly exaggerated statements” (Dhir, 2021,
para. 1). The perpetrator convinces others to purchase the stock, which pushes the stock price
up (the “pump”) and then sells their stocks at an elevated price (the “dump”). The movie, The
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Wolf of Wall Street (Scorsese, 2013) is based on the life of Jordan Belfort, a stock broker found
guilty of a massive fraud involving such a “pump and dump” scheme.
The 2008 Financial Meltdown
One of the most catastrophic economic crashes since the Great Depression was the 2007–2008
financial “meltdown,” which is explored in the documentary, Inside Job (Ferguson, 2010). This
massive fraud implicated a long list of U.S. banking and financial insiders, and resulted in
the loss of billions of dollars (Bondarenko, n.d.; Merle, 2018). Unscrupulous practices included
encouraging clients to take out mortgages at low “teaser” rates and not informing them the
mortgage rates would eventually escalate, as well as selling “subprime” mortgages. Subprime
mortgages are mortgages sold to clients who are not qualified to pay them and are were likely
to default on them. Banks were willing to sell loans to customers they knew would likely default
because they took out insurance policies on them. The technical name for these insurance
policies is “credit default swaps” (Simon, 2012, p. 4). As a result of this tactic, the number
of people borrowing money to finance new homes increased significantly, rapidly pushing
up housing prices. When large numbers of homeowners later defaulted on their bank loans,
the “housing bubble” crashed, house prices plummeted, and homeowners ended up paying
mortgages that were more than the actual value of their home. Millions of people lost their
homes and life savings. The only bank ever charged with a criminal fraud related to these
practices was Abacus—a relatively small bank owned by the Chinese-American Sung family. The
documentary Abacus: Small Enough to Jail (James, 2017) explores the case. The biggest banks
(e.g., JP Morgan and Goldman Sachs) were bailed out with taxpayer money to the tune of over
$700 billion dollars (Simon, 2012). These banks, because of their huge size, political influence,
and the number of people they employed, to borrow the title of an article about these crimes,
were deemed both “too big to fail” and “too powerful to jail” (Pontell et al., 2014, p. 1). As for
investigating the role of fraud, “not surprisingly, with its overwhelming emphasis on crimes
of the relatively powerless, criminology generally failed the challenge of the Great Economic
Meltdown” (Pontell et al., 2014, p. 2).

15.5 Political Crime
MICHAEL BRANDT, MA
Political crime refers to “governmental or political party officials engaging in illegal and
improper activity for personal gain” (Friedrichs, 2007, p. 134). One type, “influence peddling,”
refers to the use of one’s government position to sell access to a major government decision-
maker, such as a cabinet member, prime minister, or president of a country. Commonly, access
is desired to obtain favourable legislation, such as tax subsidies for a particular corporation, or
lucrative government contracts. For example, in what has been called the biggest fraud case
in Canadian history, officials within the SNC-Lavalin corporation were convicted of bribery.
SNC-Lavalin paid government insiders to obtain a lucrative contract to build a hospital in
Montreal (CBC/Radio Canada, 2019). SNC-Lavalin has also been found guilty of violating election
financing laws in Canada. To get around restrictions on corporations donating to political
parties, SNC-Lavalin convinced employees to donate, and then later reimbursed them through
faked personal expenses or fictional bonuses (CBC/Radio Canada, 2019).
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15.6 State-Organised Crime
MICHAEL BRANDT, MA
Chambliss (1989, p. 184) defines state-organised crime as, “acts defined by law as criminal and
committed by state officials in pursuit of their job as representatives of the state.” A more recent
term, “state crimes against democracy” (or SCADs for short), has been suggested by Professor
Lance deHaven-Smith of Florida State University. He defines these as, “actions or inactions
by government insiders intended to manipulate democratic processes and undermine popular
sovereignty” (deHaven-Smith, 2013, p. 12). There are many examples of state-organised crimes,
including illegal surveillance, coup d’états, assassinations, and illegal wars (Simon, 2012, pp.
203-258; deHaven-Smith, 2013, pp. 138-140). Despite causing widespread harm, state-organized
crimes receive even less attention from criminologists than corporate crimes (Friedrichs, 2007).
Given that nation-states have a monopoly on what gets defined as a crime (they write the
laws), the harmful behaviours they engage in are rarely defined as crimes. Consider perhaps the
most infamous state-organised crime in history, the Nazi extermination of millions of people,
including Jews, members of the LGBTQ community, Jehovah Witnesses, the disabled, Roma (also
known as Gypsies), as well as those critical of the Nazi state. The Nazis perpetrated a genocide,
and many complicit individuals were prosecuted for crimes against humanity in the Nuremberg
Trials. However, had Germany been victorious in World War II, it is unlikely that any such trials
would have taken place. The victors in wars rarely allow their own harmful behaviours to be
defined as criminal. Consider that if the United States had been on the losing side of World
War II, the atomic bombs dropped on Hiroshima and Nagasaki in Japan would likely have been
designated war crimes, and those responsible for the horrific injuries and deaths of hundreds
of thousands would have likely been put on trial. At the time, senior military officers, including
Generals MacArthur and Eisenhower (who would later become president of the United States),
did not believe the atomic bombs were required to end the war (Stone & Kuznick, 2012).
It is significant that had the international rules of war (the Nuremberg Principles) been applied
to decisions made by U.S. presidents to invade countries like Vietnam, Cambodia, and Iraq, it is
possible that every U.S. president since the end of World War II would have been found guilty
of war crimes (Chomsky, 2004; Chomsky’s Philosophy, n.d.). None of these countries posed a
direct threat to the security of the United States and authorisation to use military force was not
obtained from the U.S. Congress or the United Nations (Chomsky, 2004; Chomsky’s Philosophy,
n.d.). Joe Biden, and the two presidents before him, Barack Obama and Donald Trump, also
ignored the law: Obama approved the use of force and the deployment of CIA operatives in
Syria, and Trump ordered bombs dropped on Syria. Neither obtained approval from the U.S.
Congress (Greenwald, 2021). Nonetheless, there are very few people calling for the arrest of any
currently living former president for war crimes.

Illegal Surveillance
In the United States, the Federal Bureau of Investigation (FBI), the Central Intelligence Agency
(CIA), and the National Security Agency (NSA) have all engaged in the illegal surveillance of
those deemed “threats” to the government. One U.S. spying operation called Cointelpro (run
by the CIA) engaged in extensive surveillance of civil rights leader Martin Luther King Jr in
an effort to discredit him. Under direct orders from J. Edgar Hoover (then head of the FBI),
African American organisations were to be targeted for surveillance; and in an illegal raid of
the home of Black Panther leader Fred Hampton, police shot and killed him as he slept in his
bed (Page, 2019). Other targets of illegal government surveillance include political dissidents,
socialists, communists; as well as numerous non-violent protest groups, such as those against
war (American Civil Liberties Union, n.d.; Greenwald, 2014).
More recently, former NSA contractor Edward Snowden released classified documents
revealing a number of secret internet surveillance programs being used by the U.S. government
to illegally spy on citizens both in the United States and around the world. Information collected
by the government included a target’s political views, medical history, the status of their
intimate relationships, and details about online sexual activities. Data about the pornographic
or sexual services websites an individual has visited can be used to discredit or blackmail
individuals who have been critical of a particular government’s policies, such as journalists and
human rights activists (Greenwald, 2014). Blackmailing those critical of the government has
long been used to silence people and was a tactic J. Edgar Hoover perfected while head of
the FBI (Gentry, 1991). Blackmail may help explain why no U.S. president was able to replace J.
Edgar Hoover as F.B.I. director, allowing him to lead the agency for almost 50 years, from 1924
until his death in 1972. Glenn Greenwald (2014) summarises where the NSA was gathering this
information from and who was targeted:
“Internet servers, satellites, underwater fibre-optic cables, local and foreign telephone systems,
and personal computers. It identified individuals targeted for extremely invasive forms of
spying, a list that ranged from alleged terrorists and criminal suspects to the democratically
elected leaders of the nation’s allies and even ordinary citizens” (p. 92).
Coup d’États
When Julius Caesar overthrew the government in Ancient Rome, declaring himself Emperor
for life, he engaged in a tactic dating back to the earliest civilisations: the coup d’état. This
refers to the non-democratic, and often violent, overthrow of a government, either by those
already working within the government but unhappy with its leadership, or by those outside
the government who view it as a threat to their interests. In the modern age, the CIA is
probably the organisation most notorious for carrying out coup d’états against socialist leaders
15.6 State-Organised Crime | 441

unfriendly (or perceived to be unfriendly) to U.S. governments or corporations, or those of
its allies. Natural resources like oil, gas, water, and land are highly coveted prizes sought
by transnational corporations in countries around the world (Perkins, 2006). For example,
after the government of Iran got tired of the British-owned, Anglo-Iranian Oil Company (now
British Petroleum) exploiting its oil resources and channeling most of the profits to Britain, the
Iranian Prime Minister Mohammed Mosaddegh nationalszed Iranian oil assets (Perkins, 2006).
Mosaddegh’s aim was to ensure that Iran—not foreign companies—benefitted from its oil. In
response, the CIA, in conjunction with the British intelligence agency MI6, instituted Project
Ajax, a campaign to discredit and oust Mosaddegh from power. Portrayed as an extremist, a
traitor, and a threat to the nation—all false charges—Mosaddegh was eventually overthrown in
a carefully orchestrated plan in 1953. He was replaced, with the help of the U.S. and Britain,
by the corporate-friendly and authoritarian Mohammad Reza Pahlavi, also known as the Shah
(meaning king) of Iran. With the assistance of the United States, the Shah of Iran set up his
secret police force, SAVAK, which was responsible for torturing and killing thousands of Iranians
who had been critical of the government or the Shah (Stone & Kuznick, 2012).
CIA-supported coup d’états led to the overthrow of democratically elected presidents Jacobo
Arbenz in Guatemala in 1954, and Salvador Allende in Chile in 1973 (Perkins, 2007; Stone &
Kuznick, 2012). Both these leaders were vocal critics of U.S. imperialism and U.S. corporations
wanting to exploit their country’s natural resources. Similar interventions by the U.S. have
occurred in “Zaire (1960s), the Dominican Republic (1961-62), Indonesia (including East Timor,
1960s-1970s), Greece (1967), Chile (1973), Angola (1975), Libya (1980), Grenada (1980s), El Salvador
(1980s), Nicaragua (1980s), [and] Haiti (late 1980s, early 1990s)” (Shelden et al., 2008, p. 34).
Illegal Wars
The U.S. invasion of Iraq in 2003 is the type of crime largely ignored by criminologists (Lynch
& Michalowski, 2006). According to the rules of war established after World War II, there are
only two legitimate reasons for a country to invade another country: (1) in self-defence; or (2)
when authorised by the UN Security Council. Since the UN Security Council did not provide
authorisation for war, U.S. president George W. Bush had to make the case for self-defence.
He was able to accomplish this through a nefarious propaganda campaign falsely linking the
September 2001 terrorist attacks on the U.S. to Iraq. The Bush administration also falsely
reported that Iraq had obtained uranium from Niger to make an atomic bomb (Wilson, 2003) and
therefore harboured “weapons of mass destruction” that threatened the United States and its
allies. By the time of the invasion of Iraq in 2003, 70 percent of Americans had been convinced
(by false evidence) to believe that President Saddam Hussein of Iraq was responsible for the
attacks on September 11, 2001 (US public thinks Saddam had role in 9/11, 2003). In the wake of
this propaganda campaign, the U.S. Congress provided Bush with the power to invade Iraq. Lies
led to this invasion. Hundreds of thousands were killed. No one responsible went to prison.

War Profiteering
The main economic beneficiaries of war are corporations that sell the equipment needed to
fight, such as armaments and fuel, as well as food, clothing, and shelter for the troops. In 2019,
the U.S. military budget was $730 billion dollars, by far the largest part of the government’s
total budget (National Priorities Project, 2020). This figure does not include funds held in the
“black budget”, a budget kept hidden from the general public and most members of the U.S.
government used to fund clandestine intelligence and military operations (Simon, 2012, pp.
176-178). Given the astronomical amounts of money devoted to official and unofficial budgets,
perhaps it should not be surprising that major frauds have been associated with military
spending. Investigations by the Commission on Wartime Contracting in Iraq and Afghanistan
(2011) found $31 billion dollars in waste and fraud in the wars in Afghanistan and Iraq alone.
It gets worse. The Office of Inspector General reported the U.S. Defence Department could
not account for $21 trillion dollars’ worth of spending between 1998 and 2015 (Michigan State
University, 2017). One of the most highly-decorated soldiers in U.S. history, General Smedley
Butler, wrote a book about his experiences in the military in his retirement. In his words: “War is
a racket. It always has been. It is possibly the oldest, easily the most profitable, surely the most
vicious” (Butler, 1935, chapter 1, paras 1, 2). The armaments of war are a big business for military
contractors like Raytheon, General Dynamics, and Lockheed Martin. In 2020, Lockheed Martin
made over 9 billion dollars in profits (Lockheed Martin Gross Profit 2010 -2022, n.d., para. 1).
General Butler also drew attention to the enormous profits private banks make off of war: “And
let us not forget the bankers who financed the great war. If anyone had the cream of the profits
it was the bankers” (Butler, 1935, chapter 2, para. 17).
The documentary Why We Fight (Jarecki, 2005) chronicles the economic interests behind war
that General Butler spoke about. A notable quote from the documentary is from Chalmers
Johnson, formerly of the CIA: “I guarantee you: When war becomes profitable, we’re going
to see more of it.” U.S. investigations of war profiteering during World War I resulted in
recommendations for policies that took the profits out of future wars (Sutherland, 1983). These
policies were never implemented. The result has been a steady growth in military expenditures
on the weapons of war and the services needed to support those in combat, as well as a steady
growth in fraud related to the purchase of these products and services (Rosoff et al., 2020).
A growing problem is the “revolving door” phenomenon, in which employees move between
positions in the corporate world to positions in government (and vice versa), obtaining benefits
for their former employers (and themselves) in the process. For example, Dick Cheney was
the CEO of Halliburton, a multibillion-dollar corporation that supplies services and support
to those in combat. He left Halliburton to become vice president of the United States, and
became a vocal advocate for increased military spending and an invasion of Iraq (and other
countries), policies that would directly benefit himself and his former employer. While Cheney
claimed he sold his Halliburton stock and severed all financial ties with the company when he
left to become vice president, he neglected to mention he continued to hold 433,000 stock
options from Halliburton (Jacobs, 2011). Cheney stood to reap enormous financial benefits if
15.6 State-Organised Crime | 443

Halliburton was awarded contracts in Iraq, which it was, to the sum of billions of dollars.
In fact, Halliburton became the Pentagon’s company of choice to provide many services in
Iraq, including extinguishing fires at oil wells, restoring pipelines, supplying trucks and the
gas to fuel them, providing food and housing for the troops, washing clothes, and delivering
mail (Jacobs, 2011; Rothe, 2009). Halliburton would eventually become the target of dozens of
lawsuits alleging accounting fraud and was forced to repay millions of dollars as a result of over-
billing (Jacobs, 2011).
Colonialism and Slavery
Colonialism constitutes the largest program of state-organised harms in world history. Imperial
conquests conducted by European states such as Spain, France, and Britain involved the
enslavement of millions of Africans; the dispossession of Indigenous land; mass murder;
destruction of culture, communities and families; physical, sexual, and emotional abuse; and
human experimentation without informed consent (Monchalin, 2016; Mosby, 2013; Starblanket,
2018). These colonial harms were justified as attempts to “civilise” African, Asian, and Indigenous
peoples, who were portrayed as “sub-human” and “savage.” In truth, colonialism was about
taking control of a territory to benefit the coloniser. Bishop Desmond Tutu of South Africa,
put it this way: “When the missionaries first came to Africa they had the Bible and we had the
land. They said, ‘let us pray’. We closed our eyes. When we opened them, we had the Bible
and they had the land” (as cited by Salmi, 2004, p. 61). Criminologists have rarely, and only
recently, attempted to examine colonial actions as crimes (see Atiles-Osaria, 2018; Grewcock,
2018). Nonetheless, “if unjustly depriving people of their property, their way of life, and their
very lives is regarded as criminal, then imperialistic conquests” could be considered crimes
(Friedrichs, 2007, p. 119).
Tamara Starblanket (Nehiyaw/Cree) presents the legal case in her book, Suffer the Little
Children, that residential schools, which resulted in the death of up to 50 percent of the
Indigenous children forced to attend them, were tools used to commit genocide as defined by
the United Nations (Starblanket, 2018). The recent discovery of thousands of unmarked graves
of Indigenous children near residential schools (CBC/Radio Canada, 2021) and the likelihood
of more to be discovered has brought the misery and death into full focus for all to see. As
far back as 1907, the deplorable conditions and high death rates in residential schools led
Chief Medical Officer, Dr. Peter Bryce, to conclude that residential schools were a “national
crime” and genocidal (Hay et al., 2020, para. 5). Despite his well-documented report, the
federal government of the day refused to take responsibility, and nothing changed. The report
was ignored and Bryce’s position as chief medical officer was not renewed. Experiments that
included withholding food from Indigenous children who were attending residential schools
were carried out between 1942 and 1952 (Mosby, 2013).

15.7 Challenges Related to White-Collar
Crimes
MICHAEL BRANDT, MA
The events described in this chapter — the crimes of the powerful — are responsible for
enormous financial and physical harm, including widespread injury and death. While the
financial and physical damages these events cause may shock you, they have been well-
documented (e.g., Reiman & Leighton, 2013). Nonetheless, these and similar events pose unique
challenges for the criminal justice system, victims, marginalised groups, academics, and other
stakeholders. The following section reviews these challenges.
Officially Labelled Crimes are Not What is Causing Most

Harm
A central problem relates to the role of the powerful in determining what is defined as a crime
in the first place. A person who sells a drug on a street corner is defined as a criminal, a
“drug trafficker”; a pharmaceutical company that spends millions of dollars advertising addictive
drugs, and convincing physicians to prescribe these drugs, is not. A man who intentionally
injures his wife is defined as a “wife batterer” and a criminal; a company that manufactures
a dangerous birth control product (e.g., the Dalkon Shield) responsible for serious injuries to
thousands of women is not. A person who kills multiple people is defined as a “serial killer”; a
person elected to lead a country who initiates an illegal war resulting in the deaths of hundreds
of thousands is not. These comparisons indicate that “criminal law categories are artful, creative
constructs” (Box, 1983, p. 7). The result is that we pay more attention to some harms than
others, namely those more likely to be committed by the marginalised in society than those
more likely committed by individuals in the highest positions in government, private industry,
and those that work with them. Most of this harm escapes the definition of crime.
Victims are Not Always Aware of Victimisation
The victims of crimes of the powerful are much less likely to realise they are victims compared
to victims of street crimes. The case of price-fixing is illustrative. A recent case in Canada
involved seven Canadian companies (Loblaws, Metro, Sobeys’, Weston Bakeries, Canada Bread,
Walmart and Giant Tiger) and is estimated to have cost consumers across the country millions
15.7 Challenges Related to White-Collar Crimes | 445

of dollars. An average consumer, purchasing one loaf of bread a week for a year lost $400
to price-fixing “theft” (Markusoff, 2018; Russell, 2018). Because price-fixing conspiracies have
become a standard operating procedure in many industries, virtually everyone in Canada has
likely been victimised without their knowledge, and likely will be again. In a sense, many crimes
by the powerful could be considered “perfect crimes” in that they are often undetected and
remain invisible to the general public.
Racial Minorities are More Likely to be Victims
In terms of white-collar offences, racial minorities have sometimes been specifically targeted
by white-collar offenders. The Wells Fargo Bank provides a case study: They settled a lawsuit
in 2012 for $175 million dollars for directing Blacks and Latinos to take out loans with higher
fees and interest rates attached to them than loans offered to white customers (Mui, 2012).
People of colour are also more likely to be the victims of “environmental racism” (see chapter 13
Green Criminology). This refers to “[a]ny policy, practice, or directive that differentially affects
or disadvantages (whether intended or unintended) individuals, groups, or communities based
on race or color” (Bullard, 1993, p. 23). Governments decide where highways are to be built,
where industry is permitted to operate, and where toxic materials are disposed (Bullard, 1993;
Bullard et al., 2007). The proximity of toxic waste sites to racial minority neighbourhoods has
been documented, both in the United States and Canada. See the location of toxic waste sites
1
and their proximity to traditionally Black and Indigenous communities.
The Netflix documentary There’s Something in the Water (Page & Daniel, 2019) investigates the
situation in Pictou County, Nova Scotia. There, pulp and paper mill effluents have polluted Boat
Harbour (known in the Mi’kmaq language as A’’se’k) with toxic chemicals. Originally used by
Indigenous peoples as a food source, toxic substances dumped into the waterways have created
an environmental and human catastrophe. Not only has it killed marine life, but local residents
who use the water for bathing and cooking have been diagnosed with extremely high rates of
cancer.
1. Scan the QR code to access https://www.enrichproject.org/map/

Less Developed Countries are at High Risk
Consumer products found to be hazardous in North America may be shipped to less developed
countries where a combination of lax regulatory regimes, higher rates of illiteracy, and
widespread poverty means the most marginalised are at higher risk. The list of dangerous
products and substances “dumped” into less developed countries from more developed,
industrialised countries is long. One of the most notorious products dumped was the Dalkon
Shield. It was an intra-uterine device responsible for “uterine infections, blood poisoning,
spontaneous abortion in pregnant women and perforation of the uterus” and was responsible
for the injury of thousands and the death of at least 17 women (Simon, 2012, pp. 184-185). There
are many more examples: Pesticides known to cause serious injury and death that have been
banned in the United States or Canada have been exported to less-developed countries and
unsuspecting consumers, and many of these pesticides return to Canada and the United States
on imported food (Rosoff et al., 2020, p. 143). Companies that produce toxic pesticides, as well
as other harmful substances like asbestos, have closed down factories in the United States and
re-opened them in Taiwan, South Korea, Venezuela, and Brazil. Also the high cost of disposing
of hazardous waste in North America has led to it being dumped into Mexico, the Philippines,
Zaire, Guinea, and Sierra Leone (Rosoff et al., 2020).
Economic Costs Exceed Street Crimes
Many years ago, Sutherland concluded that the financial costs of the crimes of the powerful
were likely “several times as great as the financial costs of all the crimes which are customarily
included in the ‘crime problem,’” such as theft and robbery (Sutherland, 2009, p. 422). Just
one type of white-collar crime — securities fraud — costs Americans about $1 million an hour
(Snider, 2001). Reiman and Leighton (2013) estimate the cost of crimes of the powerful in the
U.S. at about $610 billion annually. Even the lowest estimates mean the costs of the crimes of
the powerful exceed the costs of all street crimes combined (Reiman & Leighton, 2013).
No Systematic Collection of Data on Crimes of the Powerful
Detailed information on conventional street crimes, including characteristics of the offender,

the victim, and the time and location the crime occurred, are contained in Uniform Crime
Reports. These reports are an invaluable resource for criminologists as they allow comparisons
across cities, provinces, and countries as well as comparisons of crime from year to year (see
chapter 5 Methods and Counting Crime). While some crimes of the powerful are captured by
these reports, most are not. Instead, if a crime researcher in Canada wants to research the

injuries and deaths discussed in this chapter, their task is considerably more difficult. They
would have to contact and request data from a multitude of different federal government
agencies, including the Competition Bureau, the Canada Revenue Agency, the Security
Investigations Service, and the Canada Food Inspection Agency. Furthermore, in many cases,
those responsible for enforcing regulations at these agencies come from the same industries
they are supposed to be overseeing. This can lead to the problem of regulatory capture. This is
when the government agency responsible for enforcing regulations serves the commercial and
financial interests of those they regulate and not the public.
Lack of Research Attention
There is a definite lack of research attention devoted to crimes of the powerful. Indeed, only
between 3.6% and 6.33% of published criminological research has examined these behaviours
(Lynch & Michalowski, 2006; McGurrin et al., 2013). This is due, in part, to the training
criminologists receive which has tended to focus on conventional street crimes rather than
corporate or government criminality (McGurrin et al., 2013). As of the writing of this chapter (in
2022), none of the colleges in B.C. that offer credentials in criminology have courses devoted
to white-collar crimes and only two universities in B.C. have a course devoted to white collar
crimes: Kwantlen Polytechnic University and Vancouver Island University. While we are by far
more likely to be injured, killed or suffer economic losses as a result of the harmful behaviours
of those occupying the highest socio-economic strata — those that head governments, the
military, corporations, or those who work closely with them — when it comes to studying crime,
most research attention has focused on the street criminal (Reiman and Leighton, 2013; Shelden
et al., 2008, pp. 19-20) and theorising about the causes of street crime rather than theorising
about the causes of the crimes of the powerful (Hillyard & Toombs, 2004, p. 25).
Patrolling in all the Wrong Places
Police officers patrol city streets for crime; they do not patrol corporate boardrooms or
government offices or the private islands of the most affluent looking for crime. “In fact, for
all practical purposes, the criminal justice system ignores the crimes of the very wealthy and
the crimes committed by the state itself” (Shelden, 2001, p. 13). It is the harms perpetrated
by young, racialised males from the lowest socio-economic strata that are the most visible to
scrutiny by others, including the police, and that therefore get processed through the criminal
justice system and contribute to a distorted image of crime and what harms us the most. The
harms perpetrated by the most affluent members of society are obscured in the process, and
are subject to far less social control. Relying on official crime statistics to try to understand
harm is like looking at a funhouse or carnival mirror that magnifies some harmful behaviours

(those most likely perpetrated by the marginalised) while minimising others (those more likely
perpetrated by the most affluent) (Reiman & Leighton, 2013). As Hedges (2019, p. 266) points out:
“We live in a two-tiered legal system, where poor people are harassed, arrested, and jailed
for absurd infractions, such as selling cigarettes — which led to Eric Gardner being choked
to death by the New York City police in 2014 — while crimes of appalling magnitude by the
oligarchs and corporations, from oil spills to bank fraud in the hundreds of billions of dollars,
which wiped out 40 percent of the world’s wealth, are dealt with through tepid administrative
controls, symbolic fines and civil enforcement that give these wealthy perpetrators immunity
from criminal prosecution.”
Inadequate Laws
Laws and regulations aimed at the crimes of the powerful are inadequate and often do not exist;
if they do, they frequently result in fines or monetary payouts awarded after civil litigation.
They usually do not result in prison. Canada’s first antitrust law targeting price-fixing and
illegal monopolies, the Combines Investigation Act of 1889, “was so inadequate that no successful
prosecutions under the monopoly provisions were ever registered” (Snider, 2003, p. 219). Under
the current law, the Competition Act (R.S.C. 1985, c. C-34), a corporation found guilty of price-
fixing faces a fine of up to $25 million and prison time up to 25 years; however, prison is
rarely handed out as a sentence (Powell, 2018). When 22 people died in Canada after consuming
listeriosis tainted meat produced by Maple Leaf Foods, the corporation had to pay $27 million
to settle civil lawsuits (CBC/Radio Canada, 2009). No one went to prison. No one went to prison
for the deaths of 26 miners at the Westray Mine either, which was clearly a foreseeable tragedy.
Deferred prosecution agreements (DPAs) will result in even fewer criminal prosecutions. DPAs
allow a corporation guilty of a criminal offence to avoid criminal prosecution, and pay a fine
instead. DPAs made headline news after the former minister of justice and attorney general,
Jody Wilson-Raybould, revealed that she had been pressured by the Prime Minister’s Office to
enter into one such agreement in a case involving SNC-Lavalin. When Wilson-Raybould refused,
arguing it was inappropriate, she quickly lost her job and was eventually ejected from the Liberal
Party.
After the Westray Mine disaster that killed 26 miners, section 217.12 of the Criminal Code
was passed and came into effect in 2004. It instituted new duties on corporations to ensure
workplace safety and backed this up with penalties, including prison for violations. Nonetheless,
prosecutions have been extremely rare, and when they have occurred, they have tended to
be against smaller companies, not large corporations (Bittle, 2012). While white-collar crime
convictions can result in significant financial penalties for offenders, corporate leaders often
see fines as a small price to pay, simply a “cost of doing business” (Friedrichs, 2007, pp. 74-75).

Less Money to Police, Prosecute, and Imprison
There is less money to police, prosecute and imprison crimes committed by the powerful. While
budgets to police, prosecute, and imprison perpetrators of conventional street crimes have
increased over the years (Griffiths, 2018), agencies responsible for investigating and prosecuting
the crimes of the powerful have frequently faced budget cutbacks. Recent budget reductions
resulted in the closing of the B.C. RCMP specialised unit devoted to financial crimes in 2013
(RCMP, 2016) and, in 2020, the RCMP shut down the specialised unit devoted to financial crimes
in Ontario (Oved, 2020). In the United States, the situation is similar: Budget cutbacks to the
F.B.I have resulted in significant drops in investigations against white-collar offenders (Pontell
et al., 2014).
State crimes are even more rarely prosecuted than corporate crimes because the perpetrators
(government officials) can exert control over the state’s investigatory and prosecutorial
apparatuses and have the power to hide incriminating information from the public. For example,
investigators of U.S. president John F. Kennedy’s assassination in Dallas, Texas in 1963 report key
witnesses were prevented from testifying and no action was taken against senior intelligence
agents who committed perjury when questioned under oath (Fonzi, 2013). Former U.S. president
Nixon ordered his staff to “use the C.I.A. to impede the F.B.I. investigation” of the Watergate
scandal that had implicated him in illegal surveillance and a break-in of the offices of his political
rivals at the Watergate Hotel in Washington, D.C. (Rosoff et al., 2020, p. 369). Former president
George W. Bush “fought tooth and nail against an independent investigation” of the September
11, 2001 terrorist attacks on the United States; and when an investigation was finally begun,
it was severely under-funded (Wallechinsky, 2013, para.6). Bush and his vice president, Dick
Cheney, refused to meet with the investigators of the September 11, 2001 attacks unless they
could meet and testify together. Both also refused to testify under oath or allow the interview
to be recorded or transcribed (Wallechinsky, 2013, para. 7).
Revealing the Crimes of the Powerful Can Be Dangerous
Revealing the crimes of the powerful can be dangerous. In the 1960s, (GM) hired people to
surveil and harass consumer rights advocate Ralph Nader after he published Unsafe at Any Speed
(Nader, 1965). The book documented design failures in automobiles causing injuries and deaths
and the cavalier attitude automobile executives had towards their customers safety while they
drove their cars. GM executives, furious at his harsh critique of the industry, and the effect it
might have on auto sales, hired underage girls in an attempt to lure Nader into illicit sexual
encounters (American Museum of Tort Law, n.d.). After the popular talk show host Phil Donahue
began voicing criticisms of the U.S. invasion of Iraq, he was fired from the MSNBC television
network. MSNBC is owned by General Electric, a major defence contractor that stood to lose
financially if war was averted. Whistle-blowers Chelsea Manning, Edward Snowden, and Julian

Assange were all labelled traitors after releasing classified documents revealing war crimes,
widespread illegal internet surveillance, and other harmful and criminal acts of the very rich
and powerful. Both Manning and Assange have been imprisoned; Snowden has had to remain in
Russia to avoid being charged with allegedly aiding the enemy.
Publicising harms wrought by the powerful can even be deadly. Before being executed along
with several others in 1994 by the Nigerian government, Ken Saro-Wiwa was a member of
the Movement for the Survival of the Ogoni People. He had been a vocal critic of Royal Dutch
Shell for the extreme environmental damage the corporation’s oil extraction had caused to the
Niger Delta and the Nigerian government’s refusal to hold the corporation accountable for this
damage. This is what Saro-Wiwa had to say about the Nigerian government:
“The slow destruction of the Ogoni’s livelihood by the ecologically careless policies of Shell is
of little concern to the Federal government of Nigeria — it’s secondary to the need to safeguard
the vital oil revenues that provide 90% of Nigeria’s foreign exchange earnings. Thus to protest
against this devastation is to protest against ‘national security priorities’. The instruments for
enforcing national security — the armed forces — are turned on law-abiding citizens, because
the survival of communities like the Ogoni is effectively judged inimical to the survival of the
nation” (Chunn, Boyd, & Menzies, 2002, p. 15).
Families of those executed launched a civil suit against Royal Dutch Shell accusing the
corporation of colluding with the Nigerian government in human rights abuses, torture, and
murder, and of hiring government troops to shoot at those protesting against them (BBC News,
2009). Royal Dutch Shell, rather than go to trial, agreed to an out-of-court settlement of $15.5
million to the victims’ families but never accepted liability for the charges against them (Ken
Wiwa et al v. Royal Dutch Petroleum et al., 2009). For an interactive map of the oil spills see
2
Amnesty Oil Spills.
The struggle against the environmental degradation caused by oil giants, like Royal Dutch Shell,
and other corporations that disregard environmental laws and dump dangerous toxins into
the air and land continues. While these protests do not always get the publicity they deserve,
protest against the environmental damage caused by corporations are occurring all across
the globe. The push back from corporate interests has been severe, and has led to threats,
harassment and, in 2020 alone, the murder of 212 protestors (Qureshi, 2020). Most of these
murders are undocumented and not published by the mainstream (corporate-funded) media;
so, the actual number of killings is thought to be significantly higher (Greenfield & Watts, 2020,
2. Scan the QR code to access https://labs.mapbox.com/amnesty/

para. 3). For a map of these killings see Record 212 land and environment activists killed last
3
year.
3. Scan the QR code to access https://www.theguardian.com/environment/2020/jul/29/record-212-land-and-

environment-activists-killed-last-year

15.8 Conclusion
MICHAEL BRANDT, MA
This chapter began by asking you to consider several events that have caused significant
financial or physical harms: dumping toxins into a river near a First Nations community; the very
rich and powerful evading taxes; a pharmaceutical company bribing physicians to prescribe a
dangerously addictive drug; the U.S. Defence Department being unable to account for trillions
of dollars in spending; and a chemical plant exploding, injuring and killing thousands. Events
like these have resulted in the loss of billions of dollars and the injury and death of hundreds
of thousands of people. Yet, when most people think about the crime problem, events like
these rarely come to mind. With some exceptions, the crimes of the powerful have remained
mostly marginal to the scholarly discipline of criminology and many criminologists (Hillyard
& Toombs, 2004). Those who have examined crimes of the powerful, and provided some of
the best scholarship, have often come from outside the field of criminology (e.g., Chomsky,
2013, deHaven-Smith, 2010; Greenwald, 2014; Reich, 2020; Reiman & Leighton, 2013; Schweizer,
2019; Washington, 2020). Imagine if another scholarly discipline — say psychology — neglected
to study and discuss anxiety disorders, the mental disorder most prevalent in the population
(Med Circle, 2020, para. 3). Students of psychology would be short-changed. Psychologists and
other mental health practitioners would be unprepared as professionals to help their clients
and educate the public. They would be unqualified to help. If the behaviours that threaten us
the most and cause the most financial and physical harms —the crimes of the powerful—are
similarly neglected, could we apply the same criticisms to criminology as a field of study? Could
we apply the same criticism to the criminologists and other social scientists who research and
teach criminology?

MICHAEL BRANDT, MA
1. Are the crimes discussed in this chapter more or less blameworthy than traditional street
crimes? Explain. Is there a moral difference between someone who causes injury or death
to someone while in the pursuit of profit and someone who causes injury or death for other
reasons?
2. Is it appropriate to label pharmaceutical companies, that downplay the risks of addiction
and convince physicians to prescribe highly addictive drugs to their patients, as drug
dealers? Is it appropriate to label those who evade taxes as thieves? Is it appropriate to label
leaders that engage in illegal wars as serial killers? Why or why not?
3. What do you think would be the most appropriate strategy for dealing with white-collar
crime? Should corporations that repeatedly engage in corporate crime be put out of
business? Explain.
1
4. Watch the documentary, “The Corporation”. Have the filmmakers convinced you that the
modern corporation has been built in the image of a psychopath? Why or why not?
1. Scan the QR code to access https://www.youtube.com/watch?v=Y888wVY5hzw

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MICHAEL BRANDT, MA
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16.1 The Origins of Environmental
Criminology
ANTONIO ROBERT VERBORA
This chapter will introduce you to a field of criminology referred to as environmental

criminology, which was born out of a particular approach to the study of crime (Andresen, 2014;
Bottoms & Wiles, 2020). That is, it can be broadly described as spatial criminology (Andresen
et al., 2010; Bruinsma et al., 2018; Hipp & Williams, 2020). Spatial criminology concerns the
relationship between physical spaces and crime. This spatial approach to the study of crime has
three distinct phases: “a European phenomenon (early nineteenth century), a North American
phenomenon (early twentieth century), and a North American and British phenomenon (late
twentieth century)” (Andresen et al., 2010, p. 2). For the purposes of this chapter, a particular
focus will be given to the North American and British phenomenon.
In 1979, C. Ray Jeffery coined the term environmental criminology. This new school of thought
incorporated elements of the classical school of criminology, such as the deterrence of crime
before it occurs; however, it also focused on the environment within which crime occurs.
(Andresen et al., 2010, p. 6). The environment consists broadly of (1) the physical design of places
(architecture), (2) the built environment (types of buildings, roadways, land use etc.), and (3) legal
and social institutions. Jeffery (1979) posited that we must also consider ourselves part of that
environment, because we respond, adapt, and change as a result of the environment we inhabit.
In essence, criminal behaviour is only one form of adaptation to an environment.
Oscar Newman (1972), whose discussion on this topic is similar and connected to that of C. Ray
Jeffery, discussed defensible spaces. For Newman, defensible space “is a model of environments
that inhibit crime through the creation of the physical expression of a social fabric that defends
itself. This environment is dominantly created through changes in architecture” (Andresen et
al., 2010, pp. 7-8). Notwithstanding, both these authors produced a large volume of literature
that investigates the role of the environment in crime, which rangs from changes in social
conditions, to the constraints imposed by the built environment, to the choice of structure (i.e.,
the ways an environment can be structured) that also constrains the environment (Jeffery, 1979;
Newman, 1972). With that said, most of what we call “environmental criminology” today seeks
to understand crime through the perspective of our ever-changing environment. Although
theoretical advancements have been made since Jeffery (1979) and Newman’s (1972) publications,
their significant contribution to the field remain influential (Sidebottom & Wortley, 2016).
Works from these authors—and the theoretical frameworks we will discuss in the subsequent
sections of this chapter—were developed mainly by White, educated, male scholars who held
predominantly Western assumptions about the nature of crime, people, society, and reality.
These underlying assumptions that criminologists make have wide-spread implications,
especially if we look at Indigenous peoples’ experiences of colonization and systemic
16.1 The Origins of Environmental Criminology | 463

oppression, including crime and victimisation. There is something to be said about being
cognizant of the original habitants of the land you occupy within a settler state. Colonisation,
systemic racism, and the imposition of a settler state have failed to incorporate Indigenous
principles and legal traditions and this has had far-reaching implications for the study of
environmental criminology. This has left Indigenous peoples across Australia, New Zealand,
Canada, and the United States in a position of profound social, economic, and political
marginalisation (Cunneen & Tauri, 2019). This plays a significant role in the contemporary over-
representation of Indigenous peoples in settler-colonial criminal justice systems. If we rely too
heavily on Western theorising, not much will change in how Indigenous peoples experience the
criminal justice system (Cunneen & Tauri, 2019).

16.2 A Basic Understanding of
Environmental Criminology
Environmental criminology is an umbrella term used to encompass a variety of theoretical

approaches (Felson, 2017; Gibbs & Boratoo, 2017). At the most basic level, those who study
environmental criminology are primarily focused on the criminal event and not the individual
criminal (Sidebottom & Wortley, 2016). That is, they are interested in the spatial distribution of
crime, victimisation, or offenders in society: “They want to know whether there are differences
in the distribution of crime, victimization, or perpetrators across cities, neighbourhoods, or
smaller units of analysis” (Bruinsma et al., 2018, p. 3). Exploring the physical and social
characteristics of these spaces can help in understanding the distribution of crime (Snaphaan &
Hardyns, 2019). For example, the number of police officers patrolling a location is an important
source of information for an environmental criminologist. Also, the social composition of a
neighbourhood and even the physical layout of a street are important factors to consider
(Bruinsma et al., 2018).
16.2 A Basic Understanding of Environmental Criminology | 465

16.3 Environmental Criminology and
Green Criminology
A brief, albeit important, point to be made in this chapter is the differentiation between
environmental criminology and green criminology. In chapter 13 Green Criminology you will
be introduced to this other branch within the discipline. The major misperception between both
areas of study stems from the complexities involved in defining each branch of criminology.
Further, various scholars have either adopted a definition from influential authors in the field or
have fashioned their own definition. With that said, it is challenging to find a concrete, agreed
upon definition of both green criminology (Lynch, 2020; Verbora, 2015) and environmental
criminology in general (White, 2013). For brevity purposes, green criminology represents the
branch of criminology that deals with research into criminality against the environment and
associated phenomena (e.g., animal cruelty) (Fitzgerald et al., 2013; Fitzgerald et al., 2016). On the
other hand, environmental criminology is a branch of criminology that deals with researching
physical and social determinations of patterns of criminal behaviour and is closely connected
with situational crime prevention (White, 2013).

16.4 Theoretical Approaches Within
Environmental Criminology
The following section discusses the key environmental criminology theories that seek to explain
the causes of crime. It is important to note that each of the following theories discussed has its
own strengths, weaknesses, as well as gaps, and is applicable (in this case) to the understanding
of environmental criminology in general. It is worth noting that some of these theoretical
approaches can be applied to study other crimes under the umbrella of criminology and can be
used for other disciplines as well (psychology, economics, etc.). For the purposes of this chapter,
the four theoretical frameworks to be discussed are routine activity theory, geometric theory,
rational choice theory, and pattern theory.
Routine Activity Theory
One of the main theories associated with environmental criminology is routine activity theory.
Routine activity theory predicts how changes in social and economic conditions influence crime
and victimisation and it has become one of the most cited theories in criminology. It was first
posited in 1979 by Lawrence Cohen and Marcus Felson, who defined routine activity as “any
recurrent and prevalent activities which provide for basic population and individual needs,
whatever their biological or cultural origins” (Cohen & Felson, 1979, p. 593). Essentially, the
activities we all engage in through the days, months, weeks, and even years of our existence
are all associated with our routine activities: these activities can range from extra-curricular,
to work-related, to school-related activities—for example, going to work, attending school,
seeing one’s friends, or running errands. Further, these activities are commonplace and involve
multiple people moving through space and time (Andresen, 2010; Felson, 2013; Felson, 2017). If
we want to look at changes and crime trends, we can refer to Cohen and Felson’s (1979) notion
that these changes are closely associated with changes in routine activities, which are closely
associated across time, across space, or between individuals.
Routine activity is not a general theory of crime; however, it has been expanded to explain a
plethora of crimes (Felson, 2013; Felson, 2017). It is important to note that this theory focuses
on the actions of individuals, rather than the neighbourhood and its characteristics. Moreover,
routine activity theory is closely associated with human ecology (Andresen, 2010, p. 14), which
is significant because it takes into consideration the importance of time. In the context of time,
human ecologists state that “ecology is generally defined as understanding how a population
(humans, for example) survives in an ever-changing environment” (Andresen, 2010, p. 15). So,
where we work, where we live, and where we mingle (all associated with space) are where
16.4 Theoretical Approaches Within Environmental Criminology | 467

we spend our time; however, also knowing when we are at those specific places and locations
is important. As such, routine activity theory acknowledges the important interplay between
space and time in everyday activities, including criminal activity.
Routine activity theory focuses on crimes that involve (1) at minimum, one motivated offender,
(2) one suitable personal or property target, and (3) the absence of a guardian capable of
preventing such a violation (Cohen & Felson 1979; Felson, 2013). For a more detailed explanation
of these three elements refer to Table 16.1 below. These three essential elements help explain
why crime is likely to occur as they converge in space and time (Felson, 2017). As Andresen (2010)
states, “it is the convergence in time and space of these three elements that is necessary for
a crime to occur; moreover, it is the changes in the nature of this convergence that changes
crime” (p. 17). For a visual illustration, see Figure 16.1.
Table 16.1: Routine Activity Theory – The Three Essential Elements of Crime
Information adapted from Andresen (2010)
• An individual who is capable and willing to commit a criminal activity

• An individual who has true intent to commit a crime against another individual
Motivated
and/or property
Offender
• Essentially, the motivated offender has everything he/she needs to commit a
crime, physically and mentally
• Any type of individual and/or property that the motivated offender can damage
or threaten in the easiest way possible
• In order for a target to be deemed suitable, this means there is a greater chance
that the crime can be committed
• Four different attributes of what makes a target suitable (VIVA):
Suitable Target 1. V: Value (The value of achieving the target)

2. I: Inertia (The physical obstacles of the target, e.g., weight, height, strength,
etc.)
3. V: Visibility (The attribute of exposure which solidifies the suitability of the
target)
4. A: Access (The placement of the individual/or object that increases, or
decreases, the potential risk of the intended attack)
• A person or object that is effective in deterring offence: meaning that the

Absence of a
presence of guardianship in space and time can prevent and/or stop crime
Suitable
• Includes friends, as well as formal authorities, such as private security guards
Guardian
and public police

Figure 16.1: The Crime Triangle – Routine Activity Theory
To conclude, routine activity theory has traditionally been used to explain residential break
and enter, burglary, domestic violence, and physical assault. This theory provides significant
insight into the causes of crime problems as it pertains to a particular place (e.g., drug dealing
locations) and amongst victims (e.g., domestic violence). The theory explains why crime is often
concentrated at specific places and locations and contributes to the understanding of the
uneven spatial and temporal distribution of such crimes. More specifically, spatial and temporal
patterns in family, work, and leisure activities influence what kinds of situations emerge, and
changes in a society’s routine activities can cause changes in the kind of situations people
confront.
16.4 Theoretical Approaches Within Environmental Criminology | 469

16.5 Geometric Theory
The second theoretical framework associated with environmental criminology is geometric

theory (often referred to as geometry of crime). The geometric theory of crime explains
patterns of crime based on the geographic dimension of human activity patterns. The focus
here is not on the motivation for crime, but rather the perceived opportunities for crime that
exist within the urban spatial structure.
In the geometric theory of crime, the environment is conceptualised along the lines of C. Ray
Jeffery (Andresen, 2010, p. 21). Here, the term used for the environment is “the environmental
backcloth”—a term coined by Brantingham and Brantingham (1981)—that represents the built
environment, social and cultural norms, institutions, and the legal environment. The difference
between Jeffery’s (1979) explanation of the environment and the environmental backcloth is
that the latter recognises the dynamic (changing) nature of our environment. Brantingham
and Brantingham (1993) emphasised this dynamic nature of our environment, which is often
described using the metaphor of a flag: its emblems and designs make the flag two dimensional,
however, since the nature of our environment is so dynamic, the backcloth includes the third
dimension of the flag blowing in the wind (Andresen, 2010). “Some of the change in our
environment is very slow such as the road network in an established urban centre.” (Andresen,
2010, p. 23).
The Four Elements of the City
To better understand the geometry of crime, Brantingham and Brantingham (1993) used Lynch’s
(1960) classification of the four elements of cities. These four elements are as follows: nodes,
paths, districts, and edges, which are described in more detail in Table 16.2 below.

Table 16.2: Considerations of the Complexity of Crime and the Physical Environment
Information adapted from Andresen (2010)
• Consists of places (conceptualized as points) within the city that a person travels to and
from
• Nodes may be business, entertainment, or industrial districts in the context of large
Nodes
urban centres
• Represents the places in which we spend most of our time: at home, work, recreational
sites, entertainment, or shopping
• Pathways are the channels that we use to move from node to node
Paths • The channels that people move along, often limited by streets, walkways, and public
transit
• Regions within the cities that are defined as areas that have commonalities and
identifying features such that they are congruent spatial units such that any differences
Districts
within the district must be smaller than the differences that exist between districts. For
example, an entertainment district would include x, while a y district would include z.
• The boundaries between districts may be physical and distinct (literally crossing the
Edges tracks) or they may be subtle such as the gradual change as one passes from one
neighbourhood to the next
Brantingham and Brantingham (1981) use nodes and paths to generate maps for the purposes
of examining where we spend our time and the pathways between those spaces. Essentially,
these maps represent our activity space. Over time, our activity space becomes our awareness
space, because “we develop knowledge and attachments to different locations such that we
develop a sense of place, feeling comfortable in some areas and uncomfortable in other areas”
(Andresen, 2010, p. 23). Understanding awareness space is important because we manage risk
through it by avoiding places or being more “on guard” in places where we are uncomfortable.
The importance of our activity space is that if “we are to be victims of crime this victimisation
will most probably occur in our primary activity space simply because that is where we spend
the majority of our time” (Andresen, 2010, p. 23). Further, criminals also favour their own activity
spaces to commit crimes and identify targets. Knowledge of places outside of one’s activity
space is likely to exist according to the principle of distance decay, wherein a person will have
greater awareness of places geographically proximal to their activity space. See Figure 16.2
below for an illustration of the awareness and activity spaces of criminals.
16.5 Geometric Theory | 471

Figure 16.2: The Awareness and Activity Spaces of Criminals. Information adapted from Frank et al. (2011)
To understand the geometry of crime, the above-mentioned discussion on nodes, paths, activity
space, and awareness space of offenders is critical because it takes time and effort to overcome
distance, so offenders will search areas for criminal opportunities that are going to intersect
with their activity space. Consequently, Brantingham and Brantingham “mark the search areas
of the immediate surroundings of activity nodes and the linear paths between them as high-
intensity search areas, steadily decreasing that intensity with distance from the nodes and
paths” (Andresen, 2010, pp. 23-24). To clarify, “search area” refers to the target and/or victim
selection on the part of the offender. More importantly, potential offenders have similar activity
patterns as the rest of the population.
Understanding how someone moves through (and becomes part of) an environment can provide
an understanding of how potential offenders move through (and become part of) that same
environment. Subsequently, when our activity spaces overlap with those of potential offenders,
we can become victims of crime (Andresen, 2010). This overlap often occurs more often
throughout the day as potential victims share nodes and pathways with potential offenders. As
Andresen (2010) states, “[t]his is simply because of the nature of urban environments largely
dictating where people live, work, shop, and so on—we are all at the mercy of the urban planners
of yesteryear” (p. 24). Motivated offenders can blend into the environment and are able to
search for targets. For example, theft (automotive related) will increase at nodes and along
paths that have a higher degree of automotive theft opportunities (e.g., unguarded parking lots).
Another example would be assaults, where it will increase at nodes that have a high degree
of concentration of individuals, such as at closing time in an entertainment district with bars
and nightclubs in close proximity. Thus, crime tends to be concentrated in places within these
high crime areas (Van Sleeuwen et al., 2021). For further clarification, see Figure 16.3 below to
view how offenders are most likely to commit crime (the stars) at those locations where their

individual awareness space (in white) intersects with the spatial distribution of suitable targets
(the dark ellipses).
Figure 16.3: Predicted Crime Locations. Information adapted from

Brantingham and Brantingham (1981)
In this framework, the concept of edge is also important as it occurs at the boundary between
two or more districts (Brantingham & Brantingham, 1993). Edges are locations with an elevated
risk of criminal victimisation and are boundaries between different areas that represent an
area in transition from one use to another. Further, an edge could be a physical boundary
(e.g., a body of water) delineating a change from one area to the next (another example would
be crossing railroad tracks). Brantingham & Brantingham (1975) conducted research in this
area while focusing on residential burglary. The researchers found that burglary rates were
substantially higher for street blocks bordering on the edges compared to burglary rates in the
interior of neighbourhoods. They have also conducted research on gang violence (Brantingham
et al., 2012) and found that edges are the places where gang violence strongly clusters. Thus, the
presence of edges (where they are and how many are identified) is particularly instructive for
understanding crime concentrations at places.
To build on this idea, an examination of “hot spot” areas is beneficial (Ratcliffe, 2010). Hot
spots are areas where criminal activity is focused compared with surrounding areas. There are
three kinds of hot spot places: crime generators, crime attractors, and crime enablers. First,
crime generators are places numerous people are interested in and are unrelated to criminal
motivation (e.g., shopping areas, festivals, and sporting events). Crime attractors, on the other
hand, are well known to offenders and provide many criminal opportunities (e.g., prostitution
and drug areas). Lastly, crime enablers are places where there is little regulation of behaviour,
and rules of conduct are either absent or not enforced (e.g., removing a parking lot attendant
would allow people to loiter or could perhaps result in thefts from vehicles).
A final, brief note about the geometric theory is that it predicts that the majority of crime will
16.5 Geometric Theory | 473

occur within “a small percentage of the available area within an urban centre; for example, 80
percent of crimes may occur within 20 percent of the land area in a city” (Andresen, 2010, p. 25).
Further, studies have empirically shown the uneven spatial distribution of crime within urban
centres in Canada (Curman et al., 2015) and in the United States (Sherman et al., 1989; Weisburd
et al., 2004).

16.6 Rational Choice Theory
The third theoretical framework to be discussed in this chapter is rational choice theory. This
theory was first posited in 1987 by Ronald Clarke and Derek Cornish. Rational choice is used
to understand a criminal event. For example, if we look at property crime, it is a crime often
committed for immediate monetary gain. The complexities of this theory are most often seen
when we look at non-property violent crime (i.e., crimes not seen as rational). The fundamental
concept within rational choice theory is rationality. Rationality refers to the role of reasoning in
human behaviour and views crime as the outcome of an individual thinking through the possible
rewards and downsides of a criminal act.
Rational choice theory purports that a potential offender must make four primary choices: (1)
whether or not to commit a crime, (2) whether or not to select a particular target, (3) how
frequently to offend, and (4) whether or not to desist from crime. Each of these primary choices
is discussed in more detail in Table 16.3 below.
Table 16.3: Rational Choice Theory: Four Primary Choices for a Potential Offender
There is a plethora of reasons as to why an individual may commit a crime (e.g.,

psychological, familial, social, and economical). However, here, crime is still
seen as a decision, as we are not coerced into a life of crime. There is a clear
Whether or not to
conscious choice in becoming an offender (see Clark & Cornish, 1987).
commit a crime
“Legitimate and illegitimate opportunities are considered and the “best” choice
for that individual is made. Sometimes, the rational choice is to offend”
(Andresen, 2010, p. 30).
The rational choice of whether or not to select a particular target is of utmost

Whether or not to importance. Potential offenders must interpret cues given off by the
select a particular environment to decide upon what or whom to offend: Is the target valuable
target enough to risk getting caught? Is the area familiar to the offender? Are there
potential guardians in close proximity
The rational choice regarding how often to offend is mainly dependent on a

How frequently to number of factors: the potential offender’s social network, peer influences,
offend monetary (or other) needs, and their ability to successfully avoid detection. The
main point here is that frequency is still a choice.
Desisting from crime or continuing crime is another rational choice. A potential

offender could have issues with committing a crime: exhausting targets,
Whether or not to
age-related issues, getting detected – all of which are internal issues. On the
desist from crime
other hand, getting married, suffering from an injury, or being offered
employment represent external issues that interfere with a life of crime.
An important point about rational choice theory is the following: if a person commits a property
crime, for example, this does not mean this same person will commit a sexual assault. The
environmental cues for one crime (e.g., automotive theft) differs from those of another crime
(e.g., sexual assault). This can apply to both the frequency of offending and desistance from
offending. With that said, Cornish and Clark (1987) argue against any general rational choice
theory of crime. To understand and/or implement a rational choice theory of crime, we must
16.6 Rational Choice Theory | 475

consider “the rational choices for each type of crime as independent from all others” (Andresen,
2010, pp. 31-32; Cornish & Clark, 1987).
To conclude, it is important to discuss how rational choice theory fits into environment
criminology. Environmental criminology is closely connected with situational crime prevention.
Situational crime prevention attempts to reduce the opportunity for specific crimes by
permanently manipulating the immediate environment. For example, to prevent stealing, some
stores have installed electronic access control inserts. This is a practical strategy that focuses
primarily on preventing criminal events. Theories in environmental criminology assume that
because offenders behave in a rational manner, we are able to predict their actions, prevent
further crime, and reduce crime hot spot activity. This is all to say that rational choice relates
to environmental criminology in terms of the interplay between individual reasoning and
environmental cues and situational crime prevention manipulates the environment to
specifically act on the rational calculations of potential offenders.

16.7 Pattern Theory
Pattern theory (often referred to as crime pattern theory) is the last theoretical perspective
that will be addressed in this chapter. Pattern theory is important to environmental criminology
because it aids in our understanding of the importance of place in crime prevention efforts. This
theory combines “rational choice and routine activity theory to help explain the distribution
of crime across places.” (Eck & Weisburd, 2015, p. 6). It also combines elements of geometric
theory, as it is concerned with the built environment and how it shapes the geographic
distribution of crime.
To reiterate, routine activity theory seeks to explain the occurrence of crime events as the
accumulation of several circumstances (Cohen & Felson, 1979), with the inclusion of a motivated
offender, a desirable target, and the absence of a capable guardian. Conversely, rational choice
theory helps in illustrating how offenders often select targets and define means to achieve
their goals in a manner that can be explained (here, location is important). Geometric theory
demonstrates how individuals develop an individual awareness space that consists of their
major routine activity nodes (i.e., activity spaces, such as home, school, and workplaces) and the
pathways that connect them and everything within the visual range of the offender.
One of the first similarities amongst these three environmental criminological theories is that
the environment is important in understanding a criminal event. Our routine activities and
the decisions we make regarding those activities and/or movements – can be determined by
the physical, social, legal, and psychological environment. “Within that environment are our
routine activities that are undertaken within our activity space” (Andresen, 2010, p. 35). Here,
we can develop a crime template in which crime could perhaps occur or be prevented there is a
rational choice of whether or not to commit a crime. If we modify our routine activities, activity
space, and awareness, we can change and/or reinforce this crime template. Rational choices
exist at each and every stage of the pattern.
According to Brantingham and Brantingham (1993), pattern theory examines the ways targets
come to the attention of offenders and how this influences the distribution of crime events
over time and space, (Eck & Weisburd, 2015). Essential to pattern theory is the notion of place
since place can influence the occurrence of a crime. The reason why routine activity theory is
important here is because pattern theory “links place with desirable targets and the context
within which they are found by focusing on how places come to the attention of potential
offenders” (Eck & Weisburd, 2015, p. 7). For example, if you are given a high-crime location, a
pattern theorist would look at how an offender (1) established and then (2) gained access to the
particular place where the crime was committed. The difference here with just using routine
activity theory is that we would instead focus on the behaviours of the targets, the potential
absence of a capable guardian, etc. Places are of interest to a pattern theorist because of their
location and relationship to the environment (Eck & Weisburd, 2015). On the other hand, for
16.7 Pattern Theory | 477

a routine activity theorist, the types of people present and absent from the location are the
reason that places are impactful and important within the crime event equation or within the
commission of crimes.
Pattern theory explains spatial and temporal patterns in crime. This is because the location
of the potential criminal activity could be higher during the day and lower during the night or
vice versa depending on the type of crime. Domestic assault, for example, may be lower during
the day when family members/friends are in different locations and higher at night when they
are all together. Some households are vacant during the day (e.g., work or school-related),
whereas businesses/facilities are often vacant at night. In this case, offenders are more likely
to commit a crime at those locations when targets (i.e., buildings) are vulnerable. And although
the complexities of pattern theory involve a number of factors that must be considered to
understand of the criminal event, it illustrates how all three environmental criminological
theories are connected. This is important in understanding (1) the criminal event and (2) the
cohesiveness of the field of environmental criminology.

16.8 Applications of Environmental
Criminology
In the last decade, much research has been conducted regarding where offenders tend to
commit crimes (Ruiter, 2017). Researchers have found that offenders often commit crimes near
their current and/or former residential homes (Baudains et al., 2013; Bernasco & Kooistra, 2010;
Johnson & Summers, 2015), near family members (Menting, 2018; Rossmo et al., 2014), and near
friends (Wiles & Costello, 2000). Lastly, some researchers also found that offenders return to
previously targeted areas (Bernasco et al., 2015; Van Sleeuwen et al., 2018), and commit offences
close to other routine activity nodes, such as their schools, workplaces, and leisure activity
locations (Menting et al., 2020). Central to this discussion is the concept of the “least effort
principle” (Cornish & Clarke, 1987) and the “distance decay phenomenon” (Rengert et al., 1999).
Simply stated, the least effort principle purports that individuals commit crimes in places where
it is easiest and in places they are familiar with and the distance decay phenomenon argues
that motivated offenders select their targets within their awareness space. Distance decay
essentially states that a relationship exists between the distance from an offender’s home base
and a potential target location, as offender is likely to choose to offend in that location (Rengert
et al., 1999).
A brief discussion on situational crime prevention is important here as it is considered an

impactful late 20th century-“theory” that helped shape the applied aspects of environmental
criminology. Ronald Clarke developed the situational crime prevention strategy in the late 1970s
and early 1980s with the primary focus being on practical strategies to reduce the likelihood
of a criminal event. Situational crime prevention encompasses opportunity-reducing measures
that “(1) are directed at highly specific forms of crime, (2) involve the management, design or
manipulation of the immediate environment in as systematic and permanent way as possible,
and (3) make crime more difficult and risky, or less rewarding and excusable as judged by a wide
range of offenders” (Clarke, 1995, p. 94). Although it is critiqued as being an overly simplistic,
atheoretical approach to crime prevention, situational crime prevention has a sound basis in the
theories of environmental criminology.
Rational choice theory is most often used in situational crime prevention strategies as this
approach seeks to modify the environment within which crime occurs. It seeks to make crime
more difficult, riskier, and less rewarding (Clarke, 1992). This theory sets to use principles to
guide situational crime prevention activities. There are five operating principles: (1) increase the
perceived effort, (2) increase the perceived risks, (3) reduce the anticipated rewards, (4) reduce
provocations, and, (5) remove the excuses for crime (Clarke, 1995). As such, situational crime
prevention is synonymous with opportunity reduction, is closely aligned with environmental
criminology, and adopts the problem-solving methodology of problem-oriented policing:
16.8 Applications of Environmental Criminology | 479

diagnosing and solving problems that increase crime risks (Goldstein, 1990). There are many
other practical applications of environmental criminology that are beyond the scope of this
chapter. For example, intelligence-led policing (Ratcliffe, 2003), crime prevention through
environment design (Crowe & Fennelly, 2013), and geographic profiling (Rossmo, 1999).

16.9 The Strengths and Limitations of
Environmental Criminology Theories
Strengths
Environmental criminology theories can help shed light on our understanding of the lived
experiences of Indigenous peoples. Indigenous peoples have been systematically oppressed
and colonised through use of laws, policies, and systems, including the Canadian criminal
justice system. This is evident with the imposition of the Indian Act and legislated poverty.
Environmental criminology theory can help explain why incarceration rates are higher amongst
Indigenous peoples and why they over-represented in the canadian criminal justice system.
There are powerful social forces that cause so many Indigenous peoples to be incarcerated in
Canada. These include institutional racism and discrimination sanctioned by the police, courts,
and corrections against Indigenous peoples. As a result, Indigenous peoples are more likely
to be apprehended, prosecuted, and convicted. This is because of the many ways Indigenous
peoples are policed, patrolled, and monitored. Further, Indigenous peoples commit crimes that
are often more visible than those committed by non-Indigenous peoples. For example, street
crimes (e.g., burglary) are more visible and charges and convictions are higher than for white-
collar or suite crimes
Environmental criminology has been praised for the shift in its focus from criminals to
conventional people (those who did not break the law), aiding in a better understanding of crime
events and their prevention. Second, it has also rejected the evil-causes-evil fallacy by arguing
that offenders make rational choices in crime situations and are born with similar natures.
It challenges the view that evil is a condition that generates crime. Lastly, it also shows the
benefits of a situational perspective and rejects the “nothing works” doctrine that suggests, the
state can do nothing to reduce crime through the criminal justice system (Bruinsma et al., 2018).
Environmental criminology theories have played a pivotal role in challenging the idea that it is
impossible to reduce crime by embracing this goal and then identifying an array of effective
prevention strategies (Eck, 2002). These theories have helped in illustrating that there are fresh
ways of thinking about crime; still, there are some key limitations to be discussed.
Limitations
Environmental criminology theories can hinder our understanding of the lived experiences
16.9 The Strengths and Limitations of Environmental Criminology Theories | 481

of Indigenous peoples. First, they have neglected the study of motivated offenders, treating
them as a given in the crime event. These theories fall short in understanding the underlying
and possibly motivating factors of committing a crime: systemic oppression, colonization, and
legislated poverty within the settler state. A more detailed study of offenders could perhaps
demonstrate the ways in which people become involved in crime events. That is, what are the
conditions present that create an environment in which crime is most likely to occur, and how
do these motivations differ for Indigenous peoples. For example, the Aboriginal Justice Inquiry
(AJI), the Royal Commission on Aboriginal Peoples, the Truth and Reconciliation Commission,
and the Murdered and Missing Indigenous Women movement all do this from a first-person
narrative of Indigenous peoples.
The complete disregard of Indigenous experiences or ‘motivations’ is a particularly troubling

aspect of these theories of crime. Second, environmental criminology theories need to develop
a fuller understanding of the risk of victimisation. There are many individual-level factors
related to risk exposure. These theories fail to look at why some individuals are less exposed to
risk. For example, what about Indigenous peoples and the neighbourhoods that some are born
into? Explanations of why different individuals take specific steps to avoid risk under certain
circumstances are deficient. This can be connected to the colonisation, systemic oppression,
and legislated poverty that have occurred under the Indian Act. Some Indigenous peoples leave
their reserve and relocate to a neighbourhood or town to try to build a better life; however,
systemic oppression is widely distributed in each institution of Canada. This is another reason
why it is challenging to implement the universal framework of minimum standards for the
survival, dignity, and well-being of the Indigenous peoples of the world: the United Nations
Declaration on the Rights of Indigenous Peoples (UNDRIP). The Indian Act is one of the oldest
pieces of legislation in Canada and it applies to First Nations as an Indigenous group whether
on or off reserve. This is important because the neighborhood cannot be the only link or risk
factor of crime as laws and colonial policies play a pivotal role in crime.
Lastly, environmental criminology theories neglect to look at the role of inequality in the
broader social environment. Here, we can look at the distribution of resources across
Indigenous peoples. The experience of colonisation, systemic oppression, and imposition of the
Indian Act have imposed a reservation system and the removal of traditional territory within the
nation-state of Canada Further, what about money? Money can be used to purchase security
systems to maintain safe households. What about the recognition of crime in impoverished
areas? Here, looking at Indigenous peoples’ vulnerability to victimisation would be useful. Paying
attention to the role of inequality in shaping key elements of opportunity is paramount. The
laws of Canada under the Indian Act work are in tandem with breaches of inherent and treaty
rights and a lack of recognition of human rights resulting in a push for the implementation of
UNDRIP.

16.10 Chapter Review and Concluding
Thoughts
In this chapter, you were introduced to the field of environmental criminology, and you learned
that environmental criminology has gone through a number of phases. You learned that the
first phase emerged as a European phenomenon in the early nineteenth century; the second
North American phase was introduced in the early twentieth century; and the third, a North
American and British phenomenon, emerged in the late twentieth century. More specifically,
you were introduced to the North American and British contributions from the late 20th
century. You learned that defining environmental criminology has been conceptually difficult,
and you also learned that in 1979, C. Ray Jeffery coined the term environmental criminology.
More specifically, you became familiar with how environmental criminology is interested in the
spatial distribution of crime, victimisation, and offenders in society and that it is significantly
dissimilar to green criminology.
You were then introduced to four environmental criminological theories concerned with the
environment in which crime occurs, all of which have strengths and limitations in their
explanation of crime. You first learned that routine activity theory is concerned with changes or
variations in the social environment that lead to changes in crime rates, that geometric theory
is concerned with the built environment and how it shapes the geographic pattern of crime;
and that rational choice theory is concerned with the cognitive environment that governs the
choice-structuring processes of potential offenders. You learned that individually, each of these
theories adds to our understanding of crime, but collectively, they can provide a meaningful
representation of the environment in which crime occurs within. Then, you learned about
pattern theory which emphasizes the dynamic nature of the decision to offend at a particular
time and place, which incorporates all three previously discussed theoretical frameworks. The
theory section of this chapter concluded with a discussion of situational crime prevention and
how it is a highly practical and effective means of reducing specific crime problems. Lastly, you
learned many of the strengths and limitations of environmental criminology theories.
To conclude this chapter, it is important to reiterate that environmental criminology is an

important field of criminology. However, we must be cognisant of the fact that these
environmental criminological frameworks discussed have been mainly built upon a Western
view of human nature. This is significant because this means that the underpinnings of these
theoretical frameworks came from a particular time and place in history. This means they were
shaped and incorporated into criminology and sociology textbooks and journal articles world-
wide with an often Western view. The implications herein are that many theorists claim to
have developed a universal framework. In order for this to be accurate, we have to be honest
about our history. Understanding and respecting differences amongst Indigenous peoples’ lived
16.10 Chapter Review and Concluding Thoughts | 483

experience and worldviews and Western worldviews is essential as there are opposite laws
and enforcement that alter the lived experience of crime. We cannot overlook colonisation,
systemic oppression, or the poverty induced by the Indian Act as Indigenous worldviews have
been drastically impacted by these factors.
Criminological theoretical frameworks can never fully capture an entire nation of experience.
Indigenous peoples’ experience in the nation-state of Canada occurs against a backdrop of
systemic oppression, racism, and colonialism that continues to exist to this day. Environmental
criminology must factor this into the Indigenous worldview or otherwise the perspective well
be vastly flawed. The inclusion of Indigenous peoples’ voices and lived experiences would
likely provide a more holistic, inclusive perspective of crime. However, in order to address
crime, criminology, and environmental criminology, we must first address the colonisation,
systemic oppression, and legislated poverty imposed through the Indian Act. Recognising this as
a student and perhaps future scholar – is imperative as incorporating Indigenous perspectives
in academia (e.g., in environmental criminology) would help ensure that the history, voices, and
lived experiences of Indigenous peoples be presented respectfully and accurately in criminology
and sociology courses, research, and publications.

1. What do you think are the strengths and limitations of environmental criminology? Why
was it essential that this theoretical framework emerged as a formally recognised sub-area
of the general study of criminology?
2. Without question, environmental criminology is deserving of critical attention by
Indigenous scholars and their non-Indigenous collaborators. Explain why.
3. What would be the added value of incorporating Indigenous knowledge into environmental
criminology? Please provide two concrete examples to strengthen your argument.
4. Using the theories discussed in this chapter (routine activity theory, geometric theory of
crime, rational choice theory, and the pattern theory of crime), provide one strength and
one weakness of each theory.
5. In the concluding remarks of this chapter, it is stated that it is imperative to incorporate
Indigenous perspectives into academia to help ensure that the history (e.g., colonisation,
systemic oppression, and legislated poverty imposed through the Indian Act), voices, and
lived experiences of Indigenous peoples are presented respectfully and accurately. What
are some other reasons why this is so critical?

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17.1 Restorative Justice: A Paradigm Shift
DR. ALANA MARIE ABRAMSON AND MELISSA LEANNE ROBERTS, M.A.
Restorative justice has become a social movement that impacts the way we understand
and respond to crime and conflict in diverse communities throughout the world. –
(Umbriet et al., 2005, p. 254)
Since the 1970s, restorative justice has gained tremendous momentum in Canada as an
alternative or addition to contemporary criminal justice. Restorative justice approaches are
informed by values, principles, and practices from a variety of sources including Indigenous
ways of knowing, faith-based traditions, peacemaking criminology, the Victims’ Rights
Movement, penal abolition, and community justice initiatives. With a primary focus on healing
people and relationships, restorative justice promotes meaningful accountability, collaborative
dialogue, and the empowerment of offenders, victims, and communities. Restorative justice
falls within the field of criminology (see chapter 10 Critical Criminology) called critical
criminology and is related to transformative justice which highlights the essential need to
change social structures that perpetuate injustice and inequality.
Howard Zehr is a criminology affectionately known in the field as the “grandfather of restorative
justice”. Zehr argues that the retributive justice construct requires a new “lens” given the
widespread dysfunction and crisis in the current criminal justice system. Rethinking is required
in relation to the legal system as well as institutions in which punishment and retribution
prevail as methods used to regulate social behaviour. Zehr (1990) advocates a paradigm shift
to inform and shape what is done within criminal justice and in “areas where we have more
control such as out families, churches, and daily lives” (p. 227). The restorative justice paradigm
is inclusive, has a problem-solving focus, and involves accountability, dialogue, and reparation
in the pursuit of healing and righting relationships (Zehr, 1990). As a paradigm, then, restorative
justice challenges existing justice structures and advocates for a different approach to conflict.
Another way to think about a paradigm is as a lens through which to see the world and in the
case of restorative transformative justice, a different way to see conflict, harm, and punishment.
17.1 Restorative Justice: A Paradigm Shift | 491

17.2 Justice as Healing
Restorative justice is often thought of as the opposite of retributive or punitive justice;

however, this distinction is an oversimplification. Restorative justice and the current legal
system are not mutually exclusive, and can work together. Although the legal system focuses on
punishment and deterrence, other goals include offender treatment and rehabilitation. These
aims are evident in the principles of sentencing within section 718 of the Canadian Criminal
Code. In addition to the outcomes of previous cases and aggravating and mitigating factors,
judges must consider the following purposes when determining sentencing: denunciation,
deterrence, protection of the public, rehabilitation, reparation and responsibility. See Criminal
1
Code (R.S.C., 1985, c. C-46) for a more detailed description of these purposes of sentencing.
Regardless of the specific purpose of sentencing, the current legal system equates these goals
with “justice.” However, research tells us that many victims, offenders, and Canadians as a whole
are dissatisfied with the process and outcomes of the legal system, as shown in Figure 17.1 below.
1. Scan the QR code to access https://laws-lois.justice.gc.ca/eng/acts/C-46/section-718.html

2
Visit Statistics Canada to review data on the confidence Canadians have in the legal system ,
3 4
victim reporting , and the support Canadians have shown in research for restorative justice.
2. Scan the QR code to access https://www150.statcan.gc.ca/n1/pub/89-652-x/89-652-x2015007-eng.htm
3. Scan the QR code to access https://www150.statcan.gc.ca/n1/daily-quotidien/210825/dq210825a-eng.htm
4. Scan the QR code to access https://www.justice.gc.ca/eng/rp-pr/jr/rg-rco/2018/mar08.html
17.2 Justice as Healing | 493

Figure 17.1: Citizens have a great deal of confidence in the police followed by banks, the justice system, the
school system, federal parliament, media, and major corporations. Source: Statistics Canada, Confidence in
Canadian Institutions, 2013. Chart reproduced and distributed on an “as is” basis with the permission of
Statistics Canada.
Restorative justice aims to put victims’ needs at the centre of the justice process and to
encourage greater community engagement through inclusive and collaborative processes.
Rather than focusing on rules, restorative justice focuses on the emotional and relational
dimensions of crime. Pranis et al. (2003) characterise this as a shift in thinking from justice as
getting even, to justice as getting well.
When comparing the main goals of contemporary criminal justice and restorative justice, there
are marked differences, as shown in Table 17.1 (Zehr, 2015, p. 30) below.

Table 17.1
Criminal Justice Restorative Justice
Crime is a violation of the law and the state Crime is a violation of people and relationships
Violations create guilt Violations create obligations
Justice requires the state to determine blame (guilt) Justice involves victims, offenders, and
and impose pain (punishment) or expect they get community members in an effort to repair the
better (rehabilitation) harm, to “put things right”
Central focus: victim needs and offender and

Central focus: offenders getting what they deserve community responsibility for repairing harm and
promoting accountability
As Zehr (2015) suggests in Table 17.2, the key differences between criminal justice and restorative
justice can be boiled down to a few central questions for each approach. The following table
compares the primary questions the contemporary legal system is based on with the core
questions of a restorative, transformative approach to justice.
Table 17.2 Citizen Confidence in Canadian Institutions
Criminal Justice
Restorative, transformative justice asks…
asks…
What law was

Who has been harmed?
broken?
Who did it? What are their needs?
Who and/or what structures are obligated to address the harm caused?
What do they
deserve? What needs to happen to address the harm and begin to promote healing of
people and relationships?
Restorative processes can occur at various stages of criminal justice/legal processes. In

circumstances where the criminal justice system is involved, restorative justice can be used:
• Pre-charge (process initiated by the community or police)

• Post-charge/pre-conviction (process initiated by the Crown)
• Post-conviction/pre-sentence (process initiated by the courts)
• Post-sentence/pre-integration/re-integration (process initiated by the victim, corrections
or community) (Griffiths, 2015, pp. 309-310)
Outside of the criminal justice system, the individuals affected by harm can initiate a restorative
process at any point. For example, a victim may approach a community-based restorative
justice program and request a justice process without reporting to the police. The reasons for
not wanting police intervention vary, including lack of trust in police, fear of nothing being
done, fear of judgement, and a lack of trust in the legal system. Once this self-referral is
made, someone from the community-based restorative justice program reaches out to the
offender and the community to explore whether they would be interested in participating
17.2 Justice as Healing | 495

in restorative justice. This empowers the community to resolve many issues themselves and
creates a sense of shared accountability and support amongst the participants. This may also
mean that individuals who have experienced interpersonal harm in the community, workplaces
or schools may opt to explore a restorative justice process. On a larger scale, restorative justice
has been used to address harm in the aftermath of genocide, governmental issues, and/or
apartheid.
In some Indigenous communities, people involved in a harm or conflict would prefer to have
a more culturally responsive justice process and avoid the colonially-based, legal system
altogether. In some cases, Indigenous peoples will refer matters to their Nation’s justice
program and engage in a restorative process that embodies cultural practices such as prayer
and ceremony unique to that Nation. Indigenous nations reclaiming responsibility for justice
practices is an important component of self-determination and self-governance.
Media Attributions
• Confidence in Canadian Institutions, 2013 © Statistics Canada is licensed under a All

Rights Reserved license

17.3 The Aims of Restorative Justice
Given that restorative justice is a theory of justice, it is important to consider how restorative
justice differs from the other approaches more widely understood in the legal context:
rehabilitation and retribution.
Rehabilitation is a guiding principle of criminal justice practice in Canada (and in other countries
around the world) and usually involves interventions that focus on reducing the risk that
perpetrators will cause harm in the future. The goal of rehabilitation rests on the assumption
that individuals can be guided toward a crime-free lifestyle. Professional and non-professional
interventions attempt to address and correct the underlying causes of behaviour with either
consent or coercion on the part of the perpetrator. Some examples of rehabilitation include
group therapy, anger management programs, substance misuse supports, and trauma or
cognitive behavioural therapies. Rehabilitation programs are available in prison and the
community and are offered to both youth and adult offenders. For an example of rehabilitation
in relation to Canadian federal prisons see CORCAN employment programs at Drumheller
1
Institution.
Retribution also aims to reduce the likelihood that the offender or other would-be perpetrator
will cause future harm. Rather than focusing on treatment, retribution seeks to impose a
proportional amount of discomfort on an individual to create both general and specific
deterrence. This discomfort is understood as essential to “teach a lesson” and give offenders
what they “deserve.” Retributive justice involves the implicit assumption that those who cause
harm freely choose to do so and, therefore, should be made to feel discomfort, shame, or pain as
their victims might have. Retributive responses to crime include incarceration, probation (which
includes limits to freedom such as curfews, and restrictions on associations and substance use),
and fines.
Neither retribution nor rehabilitation attend to a central aspect of crime—the relationships

that are harmed. The positive impact restorative justice approaches offer for victims, offenders,
and communities can be understood through relational theory which “recognizes not only that
we live in relationships with others but also that relationship and connection with others is
essential to the existence of the self” (Llewellyn & Downie, 2011, p. 4). Restorative justice aims
to address the relationships that have been impacted, whether they are between the victim and
1. Scan the QR code to access https://www.youtube.com/watch?v=5WfWSXXeeqM
17.3 The Aims of Restorative Justice | 497

offender or those within families and communities. To explore this idea of relationships and
how they are addressed or ignored by the different justice approaches see Restorative justice –
2
Everything you need to know.
Retributive, rehabilitative, and restorative justice approaches are not mutually exclusive
restorative justice can be explored before, during, or after rehabilitative efforts are undertaken
by the offender. Restorative justice might also be more appropriate following services accessed
by victims such as support groups, counselling, or other interventions focused on emotional,
psychological and physical healing.
2. Scan the QR code to access https://www.youtube.com/watch?v=KLPZy2wW-x8&t=65s

17.4 Restorative & Transformative Justice:
Definitions and Conceptions
Restorative justice is an approach to achieving justice that involves, to the extent

possible, those who have a stake in a specific offense or harm to collectively identify
and address harms, needs, and obligations in order to heal and put things as right as
possible. (Zehr, 2015, p. 48)
Restorative justice is more than responding to crime in a different way. It is a way of interacting
with one another and attending to needs arising from structural and systemic injustices.
Braithwaite (2003) envisions the potential for restorative justice to radically transform the legal
system, our family lives, conduct in the workplace, and the way we practice politics. Hopkins
(2012) believes that “by using the principles and practices implicit in the restorative justice
philosophy, we have a set of tools for ensuring greater social justice in every aspect of our lives”
(p. 122). Harris (2004) captures this connection to social justice in her definition of restorative
justice:
[t]ransformative, restorative justice focuses on a given point in time and on the specific
people who are involved with one another at that time, as well as directing attention
to both the preconditions and antecedents of that particular moment, which generally
implicate factors and forces that go beyond the individuals most directly affected (p.
139).
Harms do not occur in a vacuum or in isolation. As suggested by Harris (2004), restorative justice
1
also looks to the life events that led up to the incident. The short film The Woolf Within shows
how restorative justice addresses preconditions that lead to harm.
Restorative justice in its most expansive definition is about individual, social, economic, and
political transformation. Van Ness and Strong (2010) note the importance of turning the lens
inward to examine our daily lives and how we treat others. This shift is a transformation of
relationships within ourselves and with one another. Van Ness and Strong (2010) argue that
individual perspective transformation leads to the recognition that some structures also need
transformation. In the justice system, structures like the police and courts privilege some
1. Scan the QR code to access https://vimeo.com/247465341
17.4 Restorative & Transformative Justice: Definitions and Conceptions | 499

citizens over others, sideline the concerns of victims, include systemic and systematic barriers,
and often cause further harm to people and relationships. This legacy demands a remediation or
even a transformation of structures (Van Ness & Strong, 2010). Van Ness and Strong (2010) and
Elliott (2011) contend that attending to both the individual and their relationships with social
structures is necessary.
While this may be the most expansive definition, it is important to note that restorative justice
is defined in many different ways and there is not one universally accepted definition. To
organise the various definitions of restorative justice, Johnstone and Van Ness (2007) propose
three conceptions: encounter, reparative, and transformative. Below you can find examples of
definitions that fall under each of these conceptions and examples of how restorative justice
could be practiced in line with these three conceptions. You should notice that there are
common elements such as a focus on collaboration, problem solving, dialogue, healing and
restoration. Johnstone and Van Ness (2007) note that different definitions of restorative justice
often have a different emphasis on either encounter, reparative, or transformative dimensions.
Encounter Definition
Restorative justice is a process whereby the parties with a stake in a particular offense
come together to determine collectively how to deal with the aftermath of the offense
and its implications for the future. (Marshall, 1985, as cited in Braithwaite, 1999, p. 5)
Victim-offender dialogue in which affected parties come together to discuss the impacts of a
crime and how to address it constitutes an encounter.
Restorative justice approaches have the potential to build and repair relationships through
encounters following harm caused by crime, as illustrated by a young woman who stole from a
2
café in a city in Nova Scotia meeting the person she hurt.
Reparative Definition
Reparative conceptions of restorative justice involve seeking non-punitive responses to fulfill
2. Scan the QR code to access https://www.justice.gc.ca/eng/news-nouv/photo/video10.html

reparation to people and relationships after a crime has occurred. Decisions about reparation
are made by those directly involved in the harm. Reparation can be symbolic and/or material.
Material reparation generally addresses specific harms (tangible and intangible) and could
include acknowledging responsibility for the harm caused, returning stolen property, offering
an apology, or performing services for or paying restitution to the person harmed. Symbolic
reparation aims to address the less tangible needs victims often have in the aftermath of crime
such as the desire to understand what happened and why, have their story heard, and hear a
sincere expression of remorse from the person who harmed them. Symbolic reparations can
be even more meaningful to victims and can convey the offenders’ willingness to make amends
(Sharpe, 2007).
For situations where victims and offenders do not directly communicate, offenders may still
3
engage in acts of community reparation, as shown in this documentary called Emma’s Acres.
Transformative Definition
Restorative justice in its most comprehensive form is relational, transformative,

democratic peacebuilding that attempts to transform communities and schools toward
recognizing that people are not objects to be manipulated, but rather organic,
interconnected, worthy human beings. (Vaandering, 2014, p. 513)
Transformative conceptions of restorative justice are grounded in the notion that restorative
justice is a way of living whereby the well-being and needs of all are considered individually
and structurally (Sullivan & Tifft, 2005, p. 187). Justice involves meeting needs, treating all beings
as equal and worthy, and seeking the transformation of relationships between people and our
environment (Johnstone & Van Ness, 2007).
An example of a transformative approach to restorative justice can be found by analysing the

sexual harassment case of Dalhousie Dentistry School which made international news in 2014.
Not only did the perpetrators participate in face-to-face encounters with those they hurt, they
also committed to working with the School of Dentistry to address the culture of misogyny.
These attempts to address cultural change as well as individual impacts show the promise of
3. Scan the QR code to access https://www.youtube.com/watch?v=4hF4m517v0o
17.4 Restorative & Transformative Justice: Definitions and Conceptions | 501

a restorative, transformative justice approach. To learn more about the Dalhousie case, see
4
Dalhousie dentistry class reflects on Facebook scandal after restorative justice.
Stop & Think
Which conception of restorative justice do you most relate to and why? Think about a recent crime
that happened to you, a friend or in your community. If you were the victim, could you imagine
participating in restorative justice? If you were the offender, would you choose restorative justice
if it was offered? Why or why not?
4. Scan the QR code to access https://www.cbc.ca/news/canada/nova-scotia/dalhousie-dentistry-class-reflects-on-

facebook-scandal-after-restorative-justice-1.3083244

17.5 Justice Stakeholders
Restorative justice aims to meaningfully include three stakeholders in the justice process:
victim, offender, and community.
Victims
The focus of the current justice system is on apprehending, prosecuting, and sentencing people
who cause harm or “offenders.” Only a fraction of the over $30 billion dollars spent on justice
in Canada each year is directed towards victims. The Victims Rights Movement began in the
1970s and brought awareness to the exclusion victims face and the secondary victimisation
they experience. Secondary victimisation refers to the harm victims may experience after
reporting a crime. This harm could be perpetuated by members of the criminal justice system,
the medical system or the victims support network of friends and family. It can take the form
of victim blaming, not being believed, or treating victims with scorn, disrespect, mistrust, or
suspicion. Secondary victimisation can also be experienced as a result of the investigation by
police or providing testimony in court. In both these examples, people are asked to relive
their victimization experience and may even have their stories/truth/experience called into
question by criminal justice professionals. In cases of physical or sexual violence, the medical
examination and evidence collection process can be incredibly traumatic for victims.
Restorative justice attempts to minimise the risk of secondary victimisation by placing victims’
needs at the centre of the justice process. According to Achilles and Stutzman-Amstutz (2006,
p. 217), the promise of restorative justice is:
• an elevation of the victim’s status,

• identification of the victim as the person that the offender is first and foremost accountable
to,
• greater and more meaningful participation in the legal process,
• a focus on harm to provide a necessary identification of victim needs as the starting point
of justice, and
• the creation of a space where victims in the aftermath of trauma can control the process of
justice.
17.5 Justice Stakeholders | 503

Offenders
From a restorative justice perspective, harming another person creates obligations on the part
of the harm-doer to take responsibility for what happened and to be accountable through
making things as right as possible. Beyond punishment and rehabilitation, offenders are invited
to take part in acts of reparation/restoration by being willing to repair both material and
symbolic dimensions of harm. Material reparations might include the repayment of monies
stolen or financial restitution of items lost, stolen or damaged. Symbolic reparation could
involve acts of service in the form of volunteer work or personal service to the victim to repay
the costs related to the crime. This could also mean apologies, recognition of wrongs, and
displays of contrition. Restorative justice also means that offenders consider how to minimise
the risk further through making amends and demonstrate changed behaviour over time.
The obligations created by harm are often too vast for the victim or offender to address alone.
This is where restorative justice questions can expand the circle to ask, “Who else’s obligations
are these?” Communities of care that include both informal and professional supports can
assist in addressing the immediate, intermediate, and long-term needs arising from incidents
involving harm.
Community
Community has multiple facets and can be considered geographically (where the harm took
place) or it could be socially defined in terms of who was impacted (Schiff, 2007). From a
restorative, transformative perspective, communities are obligated to play a role in both
providing support to those directly impacted and holding themselves and others accountable
for creating the conditions for crime and harm to occur. The larger and more socially
disconnected a community is, the harder it will be for obligations to be undertaken. The
question becomes: To what extent is the wider community obliged and what role should the
community play in restorative justice. For a further explanation of community accountability,
check out restorative justice advocate and practitioner Phil Gatensby from the Yukon territory
1
in The Problem With Youth – It’s Adults!
A community can include anyone who feels connected to the harm or the people involved in the
1. Scan the QR code to access https://www.youtube.com/watch?v=9xFG2t5JIFU

harm. Community members—those directly or indirectly impacted by the harm—have individual
needs that often mirror victim needs. Community members may express other needs such as:
• recognition of their position as victims

• reassurance that what happened was wrong, that something is being done about it and
that steps are being taken to discourage its recurrence
• information about what happened and the response
• avenues for building a sense of community and accountability
• encouragement to fulfill responsibilities for the well-being of victims and offenders
• engagement in activities that promote community restoration and social pride (Obi et al.,
2018, pp. 6-7).
Restorative justice approaches encourage collaborative, collective, community-based responses

that aim to address the conditions that create harm and the impacts of harm. The obligations
communities have when harm occurs include:
• responsibility for communicating the harm that occurred, its degree and expectations for
appropriate repair;
• communicating standards of expected behaviour, norms, and values;
• collective ownership of the causes of harm and work together on how to address it;
• supporting the completion of reparation agreements that result from restorative justice
processes;
• creating a safe environment for community members, including the victim and the
offender;
• being informed of available services to support victims and offenders;
• mentorship and support (materially, physically, emotionally) to victims/survivors and
offenders; and
• developing reintegration strategies (Schiff, 2007, pp. 236-238).
Some restorative justice theorists believe that all three stakeholders – victim, offender,
community – must all be involved for a process to be considered fully restorative. See Figure 17.2
for a visual representation of the types and degrees of restorative practice and an illustration of
the interplay of these three stakeholders.
17.5 Justice Stakeholders | 505

Figure 17.2: Types and Degrees of Restorative Justice Practice. Figure used under Fair Dealing Exception.
Media Attributions
• Types and Degrees of Restorative Justice Practice © Paul McCold and Ted Wachtel
adapted by Alana Marie Abramson is licensed under a All Rights Reserved license

17.6 Restorative Justice Models
Certain are justice practices are often associated with restorative, transformative justice.
Although there is nothing inherently restorative about sitting in a circle or having dialogue
between a victim and offender, when these models are based on restorative justice principles,
the impact can be meaningful for all parties involved. For a process to move forward, several
criteria must be met. In most instances, the person who caused the harm must accept
responsibility for their actions and be open to making reparation. The victim/survivor must
participate voluntarily and be provided voice and choice in how the process will unfold.
Community members might also be included and must be informed and prepared to ensure the
process itself upholds the values of respect, honesty, accountability, and safety. Some examples
of processes that embody these core restorative justice principles are victim-offender dialogue,
conferencing and circles.
Victim-Offender Dialogue
Victim-offender dialogue processes have been associated with restorative justice since the
early 1970s. The approach involves facilitating communication between the victim/survivor
and the person who caused them harm. The dialogue could be direct/face-to-face or indirect
through exchanging letters or video recorded messages. A trained facilitator acts to explain the
process, prepare each party, and facilitate the exchange. The encounter prioritises physical and
emotional safety, meaningful dialogue, and reparation of harm. People are not expected to leave
the dialogue as friends: rather, the aims are to have gained understanding of what happened,
the harm caused, and what is required for reparation to begin. For an explanation of the process
1
of victim-offender dialogue see Restorative Justice: Victim Offender Mediation Overview.
1. Scan the QR code to access https://www.youtube.com/watch?v=IC2aBPISDno
17.6 Restorative Justice Models | 507

Conferencing (sometimes called Victim-Offender
Conferencing or Family Group Conferencing)
Conferencing evolved from practices from many parts of the world including New Zealand and
Australia. Often a process used with youth, conferences are similar to victim-offender dialogue
but involve more participants. These additional people might be family members of the victim
and offender and other resource people (for example victim services, youth workers, mentors,
counsellors, teachers, etc.) that can support the restorative justice process. After preparation,
participants come together to talk about what happened, who was impacted and how, and work
together to form an agreement about how the harm can be repaired. Conferencing participants
provide support to both victims and offenders, often providing accountability for the offender
to complete the reparations they have agreed to.
Circles (sometimes called sentencing circles, healing circles,

or peacemaking circles)
Peacemaking circles have deep roots in many Indigenous traditions and worldviews. A more
traditional peacemaking circle involved the entire community, leaders, Elders and respected
knowledge holders to resolve an issue. In current use with the Canadian criminal justice
context, a peacemaking circle is a process that may bring victims, offenders, and community
members together to provide input to community leaders, Elders and other decision-makers
on sentencing criteria. (i.e., sentencing circles). These circle processes are convened to
reintegrate people into the community following crime or incarceration or used instead of the
formal court process. While all these models can be flexible to the needs of the participants,
peacemaking circles will often bring in more holistic elements which may include opening
prayers, smudge, passing a talking stick or feather to make space for all participants around the
circle, and other cultural expressions that are meaningful to the group. Circles are used by both
Indigenous and non-Indigenous peoples and can be adapted to meet the needs of people and
2
communities. For an example of a circle process see Reconciliation through Restorative Justice.

17.7 Restorative Justice & Indigenous Ways
of Knowing
While there are similarities between some traditional Indigenous practices and restorative
justice, it is not appropriate to use these terms interchangeably. Chartrand & Horn (2016) have
noted “there are important features that make Indigenous legal traditions quite different from
restorative justice processes, including how Indigenous legal traditions often use proactive/
preventative strategies mediated through kinship networks” (p. 3). While restorative and
Indigenous approaches to justice are unique, “there are opportunities for cross-cultural
dialogue between advocates for restorative justice and Indigenous legal traditions, as well as
opportunities to learn from each other’s experiences and journeys” (Chartrand & Horn, 2016, p.
3). This has been the case in some parts of Canada where Indigenous worldviews and justice
practices have shaped restorative justice in significant ways (Elliott, 2011).
It is important for criminology students to understand important differences between

restorative justice and Indigenous approaches to peacemaking without making
overgeneralisations. There is a rich diversity of nations within the country now called Canada
and each nation may have traditions and cultures related to peacemaking practices. The
imposition of the Indian Act through colonisation has criminalised many aspects of Indigenous
life and culture that criminalizes the actions and many aspects of life for Indigenous peoples.
As restorative justice approaches become more recognised, it is important to respect the

various aspects of Indigenous culture that can lead to access to justice. Cunneen (2003) warns
against the trivialisation of Indigenous cultures and laws in the name of universalising claims
about restorative justice. [pb_glossary id=”4400″]Decolonisation[/pb_glossary] requires
decolonising our minds and our imagination—a rethinking of possibilities. Cunneen (2003) notes
that restorative justice cannot run the risk of trampling over local traditional customs but
requires reimagining justice outside the context of colonisation. Reimagining justice should
consider existing Indigenous rights expressed in the Canadian Constitution of s.35 and further
articulated in the recommendations of the Royal Commission on Aboriginal Peoples (1996)
whereby “federal, provincial and territorial governments recognise the right of Aboriginal
nations to establish and administer their own systems of justice pursuant to their inherent right
of self-government, including the power to make laws, within the Aboriginal nation’s territory”
(p. 224). If the outcome of restorative justice practices is the further integration of colonized
peoples into the dominant legal system, restorative justice advocates cannot claim that it
is socially and politically transformative or a radical alternative to existing justice practices
(Cunneen, 2003, p. 44).
In support of the self-determination of Indigenous peoples, the Department of Justice initiated

the Indigenous Justice Strategy in 1990. Programs funded through this initiative aim to support
17.7 Restorative Justice & Indigenous Ways of Knowing | 509

Indigenous, community-based justice programs that offer alternatives to mainstream justice
processes. The objectives of these programs are:
• to assist Indigenous people in assuming greater responsibility for the administration of

justice in their communities;
• to reflect and include Indigenous values within the justice system; and,
• to contribute to a decrease in the rates of victimisation, crime and incarceration among
Indigenous people in communities with community-based justice programs funded by the
IJP.
While some of these programs include restorative justice, the focus is primarily on alternatives
to sentencing. For an example of restorative justice in the context of an Indigenous healing
1
circle, see Reconciliation through Restorative Justice.

17.8 Benefits & Critiques of Restorative
Justice
Benefits
There are many benefits of restorative justice for all the justice stakeholders involved. These
benefits have been addressed throughout the chapter and are summarised below under the
headings: benefits for victims/survivors, benefits for offenders and benefits for the community.
Benefits for victims/survivors include:
• information and answers to questions

• direct accountability from the person who caused harm
• influence, choice and voice in determining how the harm will be addressed
• restitution, reparation and vindication
• opportunities to be heard and understood
• community support
• increased satisfaction with justice
• opportunities for meaningful direct or indirect communication with others involved
Benefits for offenders include:
• opportunities to start to make things right and be accountable

• encouragement for personal transformation and support in addressing underlying issues
• community reintegration and support
• opportunities for meaningful direct or indirect communication (exchange of letters,
messages, videos, etc.) with others involved in the harm
Benefits for community members include:
• increased sense of safety

• reduced re-offending
• inclusion in the justice process
• strengthening the sense of community and building relationships through participation in
justice
17.8 Benefits & Critiques of Restorative Justice | 511

Critiques
As with any theory of criminal justice, restorative justice has limitations and is subject to
criticism. One set of critiques concerns the lack of support and awareness within the criminal
justice system and among the general public for an approach to justice that differs from
the “norm” in Canadian society. Because transformative approaches reject punishment and
retribution as primary goals, some people perceive that it is “soft on crime.” Criminal justice
stakeholders trained in and conditioned to the punitive system may resist adopting new
practices. There could be a lack of support and awareness from the criminal justice system and
citizens including resistance from criminal justice and correctional personnel.
Another criticism concerns the practicality of shifting an entire criminal justice system to a
new paradigm. Just as the criminal justice system is not the most appropriate response for
every case, the same is true for restorative justice. Restorative justice initiatives have many
components and involve the participation of multiple stakeholders; the costs of establishing and
maintaining such a system at the national level would exceed current governmental budgets. As
a result, current restorative justice programs in Canada are limited in scope and often rely on
volunteers.
Net widening is also a critique of restorative justice in that the mere establishment of restorative
justice programs means that more people might be processed through the system. For example,
if restorative justice programs did not exist, in many cases justice professionals would give a
warning and not proceed through the criminal justice process. With the addition of restorative
justice programs, cases that would have otherwise been excluded from the system are now
being processed.
Although restorative justice addresses many of the harms caused by contemporary criminal
justice, it poses possible risks of its own. Lacking established and universally agreed-upon
standards of practice, participants may experience inconsistent processes in different
jurisdictions and facilitators with varying levels of expertise, which may cause harm or lessen
faith in the fairness and efficacy of the system. Broad community involvement is a key
component of restorative justice theory; any system that labels itself “restorative” but limits the
stakeholders who may participate risks reproducing inequalities of centralised state power. In
some situations, victims or offenders could be coerced or pressured by justice professionals
to participate, which jeopardises the voluntary nature of restorative justice. For example, a
young offender could be given the choice of participating in a restorative process or “taking
their chances” in court with a judge. This is hardly a choice and certainly not voluntary.
Finally, because many restorative principles originate in the traditional practices of Indigenous
and other cultures, there is a risk of cultural appropriation and disrespectful distortions that
perpetuate the exploitation and oppression of marginalised peoples

Golden Globe winner Laura Dern referred to restorative justice in her acceptance speech: “I
urge all of us to not only support survivors and bystanders who are brave enough to tell their
truth, but to promote restorative justice” (as cited in Hornaday, 2018, para. 4). Her portrayal in
1
the film “The Tale” (Fox, 2018) tells a story of a restorative approach to sexual abuse.
1. Scan the QR code to access https://deadline.com/2018/05/the-tale-laura-dern-common-jennifer-fox-hbo-
video-1202395431/
17.8 Benefits & Critiques of Restorative Justice | 513

17.9 Conclusion
While restorative, transformative justice does not address all the issues associated with the legal
system, it offers an alternative vision of justice that balances the needs of offenders, victims, and
communities. Research with respect to restorative justice has demonstrated positive results in
Canada and around the world in terms of reducing recidivism, increasing victim satisfaction,
and providing reparation to survivors and communities (Sherman & Strang, 2007; Weatherburn
& Macadam, 2013). Furthermore, there is evidence from around the world that demonstrates
restorative approaches can be more cost-effective than the legal system (Webber, 2012).
Restorative justice alone does not address the complex causes of harmful behaviour; however,
transformative justice attends to both the interpersonal aspects of harm as well as the systemic
and structural issues. In this way, the justice lens is widened to offer innovative, collaborative,
and healing approaches to harm. As the examples in this chapter demonstrate, the benefits of
restorative justice are plentiful and awareness of these principles can be integrated across the
criminal justice system, from the community, to policing, to courts, and corrections.

1. How are the values of restorative justice present in the processes you learned about in this
chapter? For example, how might “respect” be demonstrated towards offenders, victims,
and communities in restorative justice practice?
2. One of the barriers for Canadians to access restorative justice is a lack of information
about these approaches. How might Canadians and criminal justice professionals (police,
judges, victim services, correctional services) become more aware of restorative justice?
Who should be responsible for educating Canadians about restorative justice?
3. What are the main differences and similarities between retributive, rehabilitative,
restorative and transformative justice approaches?
4. Many restorative principles originate in the traditional practices of Indigenous cultures
and other cultures. How would we respectfully approach the inclusion of these practices
into restorative justice with an aim to mitigate cultural appropriation and disrespectful
distortions that perpetuate the exploitation and oppression of marginalised peoples?

17.11 References
Achilles, M., & Stutzman-Amstutz, L. (2006). Responding to the needs of victims: What was
promised, what was delivered. In Sullivan, D., & Tifft, L. (Eds.), Handbook of restorative justice:
A global perspective (pp. 211-220). Routledge International.
Braithwaite, J. (1999). Restorative justice: Assessing optimistic and pessimistic accounts. Crime
and Justice: A Review of Research, 25(1), 1–127.
Braithwaite, J. (2003). Principles of restorative justice. In A. von Hirsch, J. Roberts, A. Bottoms,

K. Roach & M. Schiff (Eds.), Restorative justice and criminal justice: Competing or reconcilable
paradigms (pp. 1-20). Hart Publishing.
Chartrand, L., & Horn, K. (2016). A report on the relationship between restorative justice and
Indigenous legal traditions in Canada. Department of Justice Canada.
Cunneen, C. (2003). Restorative justice and the politics of decolonization. In E. G. M. Weitekamp

& H. Kerner (Eds.), Restorative justice: Theoretical foundations (pp.32-49). Willan Publishing.
Elliott, E. (2011). Security with care: Restorative justice and healthy societies. Fernwood
Publishing.
Fox, J. (Director). (2018). The Tale [Film]. Gamechanger Films.
Griffiths, C.T. (2015). Canadian criminal justice: A primer (5th ed.). Nelson Education Ltd.
Harris, K. (2004). An expansive, transformative view of restorative justice. Contemporary Justice

Review, 7(1), 117–141.
Hopkins, B. (2012). Restorative justice as social justice. Nottingham Law Journal, 21(1), 121-132.
Hornaday, A. (2018, February 1). Enough with naming and shaming: it’s time for restorative justice
in Hollywood. The Washington Post. https://www.washingtonpost.com/lifestyle/style/
enough-with-naming-and-shaming-its-time-for-restorative-justice-in-hollywood/2018/
02/01/416ccf80-0518-11e8-b48c-b07fea957bd5_story.html
Johnstone, G., & Van Ness, D. (2007). The meaning of restorative justice. In G. Johnstone, & D.
Van Ness (Eds.), The handbook of restorative justice (pp. 5-23). Willan Publishing.
Llewellyn J., & Downie, J. (2011). Introduction. In J. Llewellyn & J. Downie (Eds.), Being relational:
Reflections on relational theory and health, law and policy (pp. 1-12). UBC Press.
Obi, F.C., Okoye, I.E., Ewoh, A.I.E., & Onwudiwe, I.D. (2018). Restorative justice: Psychological

needs of offenders and implications for safety and security. African Social Science Review, 9(1),
1-18.
Pranis, K., Stuart, B., & Wedge, M. (2003). Peacemaking circles: From crime to community. Living
Justice Press.
Royal Commission on Aboriginal Peoples (RCAP) (1996). The Report of the Royal Commission on
Aboriginal Peoples. Canada. https://www.bac-lac.gc.ca/eng/discover/aboriginal-heritage/
royal-commission-aboriginal-peoples/Pages/final-report.aspx
Schiff, M. (2007). Satisfying the needs and interests of stakeholders. In G. Johnstone & D. Van
Ness (Eds.), Handbook of restorative justice (pp. 228-246). Willan Publishing.
Sharpe, S. (2007). The Idea of Reparation. In G. Johnstone, & D. Van Ness (Eds.), The handbook of
restorative justice (pp. 24-40). Willan Publishing.
Sherman, L., & Strang, H. (2007). Restorative justice: The evidence. Smith Institute.
Statistics Canada. (2013). Table 1 Confidence in institutions, 2013.

https://www150.statcan.gc.ca/n1/pub/89-652-x/2015007/t/tbl01-eng.htm
Sullivan, D., & Tifft, L. (2005). Restorative justice: Healing the foundations of our everyday lives.
Willow Tree.
Umbriet, M., Vos, B., Coates, R., & Lightfoot, E. (2005). Restorative justice in the twenty-first
century: A social movement full of opportunities and pitfalls. Marquette Law Review, 89(2),
251-304.
Vaandering, D. (2014). Relational restorative justice pedagogy in educator professional

development. Curriculum Inquiry, 44(4), 508-530.
Van Ness, D., & Strong, H. (2010). Restoring justice: An introduction to restorative justice (4th ed.).
Matthew Bender & Company.
Weatherburn, D., & Macadam, M. (2013). A review of restorative justice responses to

offending. Evidence Base: A Journal of Evidence Reviews in Key Policy Areas, 1, 1-20.
Webber, A. (2012). Youth justice conferences versus children’s court: A comparison of cost-
effectiveness. Contemporary Issues in Crime and Justice, 164, 1-8.
Zehr, H. (1990). Changing lenses: A new focus for crime and justice. Herald Press.
Zehr, H. (2015). The little book of restorative justice. Good Books.

Glossary
academic imperialism
an unequal relation between academics where one group dominates while other groups are
ignored or silenced.
Ag-gag laws
laws which criminalize actions which seek to render the animal agriculture and use
industries more transparent, specifically, criminalizing undercover investigations and
recording of animal agriculture activities, limiting whistleblowing, and otherwise
interfering with normal business operations.
agenda-setting function
the ways in which the media play a role in determining which topics will receive the most
attention and, thus, be deemed the most important for the audience to consider
Aggravating factors
These are factors that are considered by the sentencing judge that would increase the
crime’s severity and would result in a more severe punishment. Examples of aggravating
factors include previous criminal record for the same crime; use of a weapon; offence
motivated by bias, prejudice or hate (based on race, sex, religion, age, sexual orientation
or gender identity, or any similar factor); offence was committed against the offender’s
intimate partner or family; the offence was committed against a person under the age of
eighteen; offence was committed for the benefit of, at the direction of, or in association
with a criminal organization; the offence was a terrorism offence; or the offence had
significant impact on the victim’s health and financial situation.
analysis
the process of compiling and reviewing information, and then summarizing and
synthesizing the data, often with the aide of statistical techniques, to reach a conclusion or
explanation about the phenomenon under study.
Anthropocentrism
the idea that humans are the most important beings; in the context of green criminology,
the exclusive focus on humans as victims of crime and harm.
antisocial personality disorder (ASPD)
a deeply ingrained and dysfunctional thought process that focuses on social exploitive,
Glossary | 519
delinquent, and criminal behavior most commonly known due to the affected individual's
lack of remorse for these behaviors. ASPD falls into 1 of 4 cluster-B personality disorders
within the DSM V, which also includes narcissistic, borderline, and histrionic personality
disorders.
attachment theory
A psychological, evolutionary and ethological theory concerning relationships between

humans. The most important tenet is that young children need to develop a relationship
with at least one primary caregiver for normal social and emotional development. The
theory was formulated by psychiatrist and psychoanalyst John Bowlby.
Attribution error
The over-emphasis of personal characteristics while devaluing environmental

characteristics when judging others.
authenticity
our connection to our true, genuine self; the ability to show up as us, and connect with our
feelings in a meaningful way.
backwards law
the idea that the way in which media present crime and justice issues is the opposite of the
way in which these phenomena occur in real life
Biocentrism
a perspective that sees every species and being as equal in worth.
biopsychosocial criminology
a multidisciplinary approach that seeks to understand criminal behaviour by examining the

interactions between biological, psychological and sociological factors.
carceral feminism
feminism that advocates for police and prison responses to things like gendered violence,
sexual assault, child abuse, etc.
causality
when one variable is said to cause a specific effect, the two variables must at least be
correlated, the cause must precede the effect, and other possible explanations must be
eliminated.

Circle
Circles are a process often associated with restorative justice although the roots of this
ancient practice lie in many Indigenous traditions around the world. The circle embodies
and nurtures the state of inter-connectedness we exist in as human beings. The circle is
a structured process that can be adapted for many different purposes such as relationship
and community building, sharing, problem solving and decision making, celebration, or as a
response to harm. The circle allows all participants the opportunity to speak about values
or a specific topic. Circles create a space for deep listening and to be heard. All voices are
honoured equally which can cultivate mutual support and learning.
cognitive bias
systematic patterns of deviation from norm and/or rationality in judgment that occurs
when people are processing and interpreting information in the world around them.
colonialism
the practice of controlling a territory, or another nation, and populating it with settlers
in an exploitative manner. In this regard, colonization is also closely correlated with the
practice of “settler-colonialism.”
colonisation
the establishment of a colony to expand a nation state or territory. Establishing a colony

might involve both the establishment of control over a territory and the Indigenous peoples
who previously resided in that area. It may also involve the colonisation of minds through
the imposition of Western European ideals, religion, language, and social practices onto the
people who were living there before colonisation. The term “colonisation” is closely related
to the term “colonialism.”
Community-based victim services
Provides direct services to victims and receive funding either in whole or in part by the
provincial and/or federal government responsible for criminal justice matters.
Compensation
The repayment of losses to the victim given by the state.
computational methods
research methods that involve using computers to model, simulate and analyze social
phenomena, and to assess patterns and trends working with big data. Big data could be
anything from corporate databases or datasets from the government that could not feasibly
be examined by humans using discourse or content analysis.
Glossary | 521
conceptualisation
to form a concept or idea about something and to become very specific about what we
mean by those concepts for the purpose of our own research.
conditioning
a learning process in which the likelihood of a specific behaviour increases or decreases in

response to reinforcement or punishment that occurs when the behaviour occurs.
Conferencing
A process based on restorative principles whereby the people most impacted by a harm
come together to dialogue about what happened, how they were impacted, and explore
ways to repair the harm. These processes are facilitated by a trained facilitator and often
include victims, offenders, their supporters, and representatives of the community.
control dimension
involves parental expectations, limits, rules and control. Parental control can be flexible and
democratic, or harsh, rigid and coercive.
convict criminology
an approach to criminology that privileges the voices and standpoint of persons who have
been criminalized or who have been system affected.
correlation
when two or more variables are associated with one another. The direction of the
association is known when two variables are correlated. A positive correlation means that
as one variable increases, so does the other, or as one decreases, the other decreases.
A negative correlation means that as one increases, the other decreases, and vice versa.
Correlation does not guarantee causality.
Crime Victim Assistance Program (CVAP)
A provincial and/or territorial program that provides financial benefits to help offset
monetary losses and supports recovery for victims. Programs and eligibility vary by
province and/or territory in Canada.
criminogenic risk
Criminogenic needs may be defined as those offender need areas in which treatment gain
will reduce the likelihood of recidivism; they have also been referred to as dynamic risk.
Critical criminology
A theoretical perspective in criminology which focuses on challenging traditional beliefs,

uncovering false beliefs about crime and criminal justice, and unearthing biases and
inequalities within the theories of criminology and the criminal justice system.
critical discourse analyses
method of research to explore the connections between the use of language/text and the
social and political context within which it occurs.
cross-sectional research
a research study that gathers data at one point in time. It provides a snapshot of the
phenomenon of interest.
Crown or court-based services
Provides support for people who have become involved in the criminal justice process as
either victims or witnesses, offering information, assistance and referrals to victims and
witnesses with the goal of trying to make the court process less intimidating.
cultural studies perspective
theoretical perspective that considers the role of media in producing and reproducing
culturally relevant and socially constructed meanings
Culture
is a general term used to describe all aspects of a society related to individual and collective
identity and meaning. Culture can be expressed in the material items of a particular society,
such as clothing and other consumer goods, as well as in the ideas and beliefs that circulate
and shape the way individuals and groups understand themselves and the surrounding
world. Culture can more narrowly refer to aspects of creative output such as art, music and
literature, and is often divided into high culture and low culture. While high culture is found
in art galleries, museums and opera houses, low culture, or popular culture, can be found all
around us and is the stuff of TV, popular music and graffiti art. Cultural criminologists view
culture as arising from broader economic and social relations, and therefore tends reflect
dominant ideas related to crime and crime control.
culture
an umbrella term which encompasses the social behaviour, institutions, and norms found
in human societies, as well as the knowledge, beliefs, arts, customs, capabilities, and habits
of individuals in these groups.
data sovereignty
implies rightful ownership of specific data. This involves allowing Indigenous peoples to
Glossary | 523
control who collects data about their people and what data are collected, as well as how the
results are disseminated.
Decolonization
is the process of deconstructing colonial ideologies of the superiority and privilege of

Western thought and approaches embedded in western societies such as Canada.
Decolonization can also mean cultural, psychological, and economic freedom for
Indigenous peoples.
deductive
a research model that involves working from the general to the specific, or from theory to
data collection. The deductive model employs quantitative methods of research.
deinstitutionalisation
the process of discharging chronic mental health patients into the community in order for
them to receive care from community mental health services. The deinstitutionalisation
movement began in Canada in the 1960s.
Denunciation
the condemnation of an individual’s actions, specifically with regard to offending.
Deterrence
the idea or theory that the threat of punishment will deter people from committing crime
and that the punishment of someone else will deter them as well (general deterrence).
It also can mean punishing an individual to teach them not to offend again (specific
deterrence).
disciplinary power
how individuals shape their conduct to line up with expert knowledge and rules of
discourse.
discourse
the general domain of all statements and classifications about something/anything, like the
discourse of child development or discourse of victimhood, and a system of categories that
structures the way we perceive reality.
doctrine of discovery
an edict given by the Catholic church to Western European nations to discover, colonize,
and spread the Christian message. It gave countries like England, France, Spain, and

Portugal the god given right to conquer and colonize new lands that were uninhabited by
Christians.
Ecocentrism
a perspective that holds that humans are relationally connected to the natural world and
that, while humans need to utilize resources to survive, they have a duty to use resources
responsibly and minimize their impact on other species and the environment.
Ecological justice
a perspective holding that natural entities and the natural world is worthy of protection in
their own right and not just as resources to be exploited or used instrumentally.
Ecosystem
a dynamic complex of plant, animal and micro-organism communities and their non-living
environment interacting as a functional unit.
empiricism
a method of study based on tangible and observable facts, evidence, and research.
environmental criminology
a branch of criminology that deals with researching special – physical and social –
determinations of patterns of criminal behavior and is closely connected with situational
criminal prevention
Environmental justice
an approach to justice that strives to overcome the manner in which negative impacts of
environmental crimes and harms disproportionately affect marginalized groups in society,
specifically based on race (Black, Indigenous, people of colour), class (e.g., low-income), and
gender (e.g., dangers of male dominated slaughterhouse work, affects of toxic chemicals on
female reproduction).
Environmental racism
policies or practices that result in a discriminatory environmental impact (whether

intended on unintended) on racialized groups or individuals.
epistemology
the study of knowledge or ways of knowing.
ethnic
a categorization of a group of people who share a national, cultural, religious, or language
Glossary | 525
commonality. Such categorizations could be either an external labelling or one that is
self-defined by the group. A concept of ethnicity can also overlap with a concept of race
because ethnic categorization may also use skin colour, hair texture, and other physical
characteristics to describe membership in an imagined ethnic community.
Ethnography
is a method of field research pioneered in cultural anthropology that involves immersive

and lengthy interaction with cultural groups in order to learn about their ways of life and
beliefs. In the nineteenth century, ethnography was used predominantly to study cultures
in distant and non-western contexts. However, through the twentieth century, scholars in
the social sciences began using this method to study subcultural groups closer to home.
Ethnography involves participation in aspects of the culture under study as well as lengthy
periods of contact and the development of mutual trust and respect. A common critique
of this method is that researchers may grow too close to their subjects, and lose scholarly,
detached perspective. A considerable strength of the method is that researchers gain deep,
detailed, and realistic knowledge about a culture by adopting the perspective of insiders.
Ethnography is a favoured method of cultural criminology, but it is not the only approach
in this perspective.
evidence-based
information you use to make decisions that is based on research, not opinion.
evidence-informed
when information and research is combined with experiences and expertise to best fit the
population and culture being served.
experiment
a quantitative scientific procedure performed to determine something or test a hypothesis.
field research
a qualitative method that involves observing and possibly interacting with research subjects
in their natural environment.
focus group
a qualitative method that involves a group of individuals brought together and led by a
moderator to share similarities, opinions, or differences.
folk devils
in the context of moral panics, these individuals or groups are the perceived menace upon
which the public concern is focused

framing
fitting a story into a ready-made social construction such that it is easy for the audience to
understand and interpret
freedom of information requests
a tool to use in social science research to investigate state and criminal justice practices
that accesses state records that would not otherwise be disclosed.
gatekeepers
a person or position that controls access to something and has the power to decide who
obtains resources or opportunities and who does not.
General Social Survey
every five years a series of cross-sectional surveys conducted by Statistics Canada which
collect comprehensive socio-demographic information and information on one topic in-
depth each year. The experiences of victims of crime are captured here.
generalisability
the degree to which the results of a study can be applied to a larger population. The larger
the sample, the greater the ability to generalise the findings of the study.
geometric theory of crime
demonstrates how individuals develop an individual awareness space that consists of their
major routine activity nodes (e.g., home, school, workplaces – activity spaces): the travel
paths that connect them and everything within the visual range of the offender
governmentality
the set of practices (rationalities, techniques, knowledges) via which people are (self)
governed but also the means by which someone else’s activities are shaped.
green criminology
a branch of criminology that deals with research into criminality against the environment
and associated phenomena (e.g., animal cruelty)
Green victimology
the study of the breadth of victims (environment, human, and animal) and avenues of
victimization related to environmental crime and harm, as well as the institutional and state
responses to such victimization
Glossary | 527
Greenwashing
the corporate practice of portraying a product as environmentally friendly or not harmful;

for example, using images of plants on a bottle to imply connection to environmental
sustainability but the ingredients contain harmful chemicals.
grey literature
information produced outside of traditional publishing and distribution channels, including

government and community reports, conference papers, and dissertations.
hegemony
the dominance of one group’s ideas over another group’s ideas and when the dominant
group controls the thinking of other groups, or when the ideas of the dominant class
become the ideas of everyone.
hierarchy of credibility
the preference shown by journalists towards sources in powerful positions, casting them as
primary definers whose opinions and ideas are portrayed as inherently more credible than
those of others who might wish to comment upon a story
historical ethnography
method of research where a researcher examines a culture or society or social practice by

immersing themselves in the history of experiences for the group or individual they are
interested in.
historical trauma
multigenerational trauma experienced by a specific cultural or racial group, such as the

violent colonization experienced by Indigenous peoples.
human ecology
refers to the study of the dynamic interrelationships between human populations and the
physical, biotic, cultural and social characteristics of their environment and the biosphere
hypothesis
a proposed explanation used as a starting point in the deductive model for further
investigation, or emerging at the end of the research process in the inductive model. A
hypothesis is typically written as an “if, then” statement and outlines how we expect the
variables to be related to one another and the direction of that relationship.

ideal victim
the socially constructed victim who is seen as weaker than their attacker, blameless, and
with whom the audience will readily sympathize
Indian
Indigenous peoples in Canada were originally referred to as “Indians” by Western explorers

because they were looking for a western passage to the East Indies. When Christopher
Columbus arrived in the Caribbean in 1492, he incorrectly thought he had discovered a new
passage to the imagined territory of the Indies (i.e., China, Japan, and India). The inhabitants
were hence thought to be “Indians.”
inductive
a research model that involves working from the specific to the general or from
observations to the development of theory. The inductive model employs qualitative
methods.
institutional ethnography
method of research where a researcher examines a specific institution via in-depth study
of all of its elements and practices to identify power relations that structure an experience
in the institution and how the institution itself is organized
institutional racism
a practice of racism where the racism can be understood as “racism without racists.” It
does not require the presence of racist subjects or beliefs; it is the racism practiced by an
institution or a governing body. The bias that is produced exists because of the invention
and application of a rule or a policy. The racist outcome would not be the product of an
individual’s racist ideation.
instrumental Marxism
the argument that the state system always operates as an arm of, or instrument of,
capitalism, or the state apparatus and criminal law exists as a direct result of capitalism to
uphold capitalism and the capitalist mode of production.
intersectionality
a concept of analysis designed to show how the categories of race, class and gender,
sexuality, and (dis)ability—and their social effects—are interlinked or interlocked in a way
that makes them difficult to pull apart and to be analyzed as separate entities. Critical legal
theorists like Kimberlé Crenshaw and others have used the concept of “intersectionality” to
describe how race intersects with social and economic class, gender and sexual expression,
nationality, and other institutional markers of identity in such a way that race is more
Glossary | 529
fruitfully examined when considered as co-located and connected with these other social
markers.
interview
a qualitative method that involves asking a series of mostly open-ended questions in an

effort to capture the participants’ voices in their own words.
Keynesianism
a theory of economics arguing for increased government spending (on things like
education, employment insurance, etc.) and lower taxes (for businesses) to stimulate
demand, meaning employers will invest more and employ more people thereby maintaining
economic growth and stabilizing the economy.
Late Modernity
refers to the time period beginning in the late twentieth century and extending to today.
Social theorists like Anthony Giddens and Zygmunt Bauman argue that the defining features
of the modern era were transformed in significant ways in the late twentieth century.
Capitalism, communications, and conceptions of the self were markedly altered in this
period. However, these theorists dispute the notion that there has been a complete break
from modernity heralding a new post-modern era. Instead, they see the present time period
as being characterized by an intensification of modernity. Cultural criminology does not
completely disavow the ideas and insights of postmodernism, but generally prefers the
term late modernity to denote the present era marked by widespread interactive digital
communications, commodification of crime and violence, rapid global flows of capital,
goods and people, and an intensification of feelings of insecurity and anxiety (e.g. Young,
2007).
Legal personhood
a person or other entity that at law has the powers and responsibilities normally associated
with an ordinary human; legal personhood is not limited to flesh-and-blood humans but
can extend to corporations, municipalities and, in some cases, natural entities.
life-course persistent offenders
Offenders that begin to show antisocial behavior in childhood that continues into
adulthood are what Moffitt considers to be life-course-persistent offenders. Their
delinquent behavior is attributed to several factors including neuropsychological
impairments and negative environmental features.
literature review
a written summary and overview of writings and other sources on a selected topic to gain
an understanding of existing research relevant to the topic.

lived experience
personal knowledge about the world gained through direct, first-hand involvement in
everyday events rather than through representations constructed by other people
longitudinal
a study which extends beyond a single point in time and involves the collection of data at
various time intervals.
looping
the recirculation of media content in different formats, contexts, and media outlets
lumpenproletariat
in addition to the capitalist and working class, Marx identified the lumpenproletariat – a
group that was defined as an unorganized, non-political underclass.
market model
theoretical perspective that views media as a business that delivers a product intended to
meet market demand
media gaze
the way in which the perspective on society conveyed in mainstream media is similar to
the dominant institutional perspective and encourages the audience to adopt the same
perspective
methodology
system of methods, procedures and principles used in a particular area of study or

discipline.
missing white woman syndrome
researchers generally attribute this term to Gwen Ifill, PBS news anchor, referring to the
far more frequent and intense news coverage of instances where white women or girls go
missing compared to instances where the missing persons are not white or not female
Mitigating factors
These are factors that are considered by the sentencing judge that would lessen the crime’s
severity and support leniency in sentencing resulting a lighter sentence. Examples of
mitigating factors include lack of criminal record; minor role in the offence; culpability of
the “victim”; past circumstances such as abuse that resulted in criminal activity; addiction
or mental health concerns; and circumstances at the time of the offense, such as
provocation.
Glossary | 531
monetarism
a set of government policies that controls the amount of money in circulation as a way to
stabilize the economy.
moral entrepreneurs
individuals or groups who attempt to draw attention to and impose their moral perspective
on behaviours they deem deviant or criminal in order to advance their own interests or
political agendas
moral panics
period of intensified or frenzied public concern, the level of which is out of proportion with
the actual threat posed by the object of concern
nationhood
the idea that the world is divided into distinct territorial entities, or nations, comprised
of peoples with inherent ethnic, cultural, and even biological characteristics. Such nations
are almost always territorially-based where a specific land or geography is claimed. The
imagined community and territory are often based on an ancient or long established
history and identity allowing the group to claim a primordial right to sovereignty and
territorial occupation.
negative reforms
reforms that diminish the power of the state and diminish the power of carceral
institutions.
neo-liberalism
governmental reform focused on free-market capitalism – policies that frees the market for
capitalists including deregulation, privatization, and free trade.
new media
term used to refer to Internet-based news, entertainment, social media, video games, etc.
that are interactive
news values/newsworthiness criteria
the aspects of stories used by news media to determine which stories will be deemed of
interest to the media audience and, thus, reported on
nodes
consists of places (conceptualized as points) that are places within the city that a person

travels to and from (e.g., business, entertainment, or industrial districts in the context of
large urban centres)
non-violent property crimes
crimes that do not involve the use of any force or injury to another person (e.g., property
damage)
objectivity
deals with ideas that are based on fact and free from bias or personal opinion.
OCAP
The First Nations principles of ownership, control, access, and possession – more
commonly known as OCAP – assert that First Nations have control over data collection
processes, and that they own and control how this information can be used.
official data
data sets often produced by official governmental agencies for administrative purposes,
such as Census data or crime figures.
ontology
the philosophical examination of being. As an invention of Western thought, the concept is

often referred to as a “theory of being” and paired with the term “epistemology” that refers
to the sister concept of a “theory of knowledge” or how something is known. In this regard,
ontology refers to the study of the “thing in itself” and not how it may be represented or
interpreted.
operationalisation
turning abstract concepts or phenomena that may not be directly observable into
measurable observations. For example, this would involve selecting the exact wording of
survey questions.
organisational model
theoretical perspective that views the routines of day-to-day news production as the most
significant factor in shaping news content
overt racism
a form of discriminatory racism that may be expressed as a clear and unambiguous act of
racialization. A subject or victim of such racism can experience overt racism as a direct
and personal injury and/or emotional injury. It is often an encounter between two persons
where racial bias is experienced by one party in a very personal and subjective manner.
Glossary | 533
Paradigm
A typical model, example, pattern, or theory of something. Restorative justice is often

described as a paradigm shift (a fundamental change in approach or underlying
assumptions).
parental monitoring
extent to which parents are aware of their children’s activities, including how they spend
their time and who they spend their time with.
paths
represents the channels that we use to move from node to node often limited by streets,
walkways, and public transit
pattern theory of crime
examines the ways targets come to the attention of offenders and how this influences the
distribution of crime events over time, space, and amongst targets
penal welfare state
government programs that focus on helping criminal offenders to stop offending by

providing treatment or to provide for the welfare of prisoners.
personalisation
the process of making something personally relatable for the audience
personality
the characteristic sets of behaviours, cognitions, and emotional patterns patterns that
evolve from biological and environmental factors. While there is no generally agreed upon
definition of personality, most theories focus on motivation and psychological interactions
with the environment one is surrounded by.
phenotypical
the observable properties of an organic organism. Phenotype is often understood as the

product of both genotype, which refers to the genes of an organism, and the environment
surrounding it. In the context of race and racialization, it might refer to human traits like
skin colour, height, weight, or eye colour.
police reform
making changes or slight modifications to the existing structure of policing but keeping the
original purpose of police.

population
all members of a particular area or group, or all things, that you want to learn more about
from which a sample is drawn.
positivistic paradigm
an orientation to the study of society that focuses on what can be observed – in criminology
this means a focus on identifying and studying causes of crime that could then be
corrected, which is strongly associated with crime control.
post-structuralist
set of theoretical ideas that examines language, text and culture and how these establish
social spaces/creates our reality, as opposed to structuralism’s contention that the social is
a patterned, rigid, and material set of structures.
power
the diverse ways in which our actions control and are controlled by our relations (structural
and otherwise) to others.
price-fixing
when two or more companies that are supposed to be competitors conspire to set prices at
a certain level in order to avoid direct competition when selling the same products
primary data
data collected by researchers directly from the subjects or sources for the purpose of their
own original research.
primary definers
individuals to whom the media turn to first to help define and explain a situation, who
are perceived as having more specialized knowledge due to their institutional affiliation or
professional position and, thus, as more credible sources (government officials, criminal
justice system personnel, academics, etc.)
propaganda model
theoretical perspective that views the media as intentionally manipulating news content
so that it aligns with the interests of the media owners and other powerful individuals or
groups in society
psychopathy
a neuropsychiatric disorder marked by deficient emotional responses, lack of empathy, and
Glossary | 535
poor behavioral controls, commonly resulting in persistent antisocial deviance and criminal
behavior.
psychosis
an impairment causing difficulties in perceiving what is real and what is not.
Punitive
An approach to law and criminal justice that involves the intentional infliction of
punishment.
qualitative
research that involves the collection and analysis of in-depth textual or verbal, non-
numerical data. Methods include interviews, focus groups, and field observation.
qualitative methods
collecting and analyzing data that are non-numerical and focused on the detailed
understanding of the subject being researched which can include in-depth interviews,
observation, and other non-numerical data.
quantitative
research that involves the collection and analysis of numerical data. It can involve testing
causal relationships and making predictions. Methods include closed-ended surveys and
experiments.
racial profiling
the use of race—by the criminal justice system—as the basis for criminal suspicion. This
term is often associated with policing. It can be understood as describing race-based
policing, or race-biased policing, where police use racial appearance as a deciding factor
in who to select for stopping, questioning, searching, detaining, and arrest. Outside of
this reference to policing, it can also be used to describe an intentional and deliberate
consideration of race that negatively impacts racial minorities in the form of increased
contact with public and/or private authorities. That is, it might manifest itself as a) the
activity of selecting or examining a racial minority at a rate of selection that is higher and
incommensurate with their demographic representation and/or b) attributing racial and
stereotypical characteristics to a subject in a manner that is illogical and/or not based on
empirical examination.
racialisation of crime
the assumption that the crimes committed by racial minorities can be explained by their
race

racialisation/racialised
racialisation employs the word “race” as a verb to demonstrate that race is a human
action or activity and not a biological or scientific certainty. In so doing, the term helps
demonstrate that “race” is a man-made or invented category. Racialisation is an everyday
happening where “race” is something that we do to somebody else or to ourselves. As a
verb, we can understand it to be a common mental shortcut where we might use a person's
physical appearance as a stand-in or as a marker of their intelligence, their thinking, or their
potential actions. We racialise other people and sometimes we racialise ourselves in this
moment of comparison and othering. Some might also understand racialisation as a form of
race-based stereotyping.
racialized
the process by which groups of people are designated as being part of a "race" and subjected
to differential or unequal treatment on that basis
rational choice theory
individuals use rational calculations to make rational choices and achieve outcomes that are
aligned with their own personal objectives.
raw data
data collected directly from the source and that exist at this point without any processing,
transformation, or analysis. Interview notes or survey responses are examples of raw data.
regulatory offences
regulatory offences deal with legal activities such as the manufacture of products to the
public, driving on roads and highways, and working. The goal of this law is to protect the
public from the potentially harmful consequences of otherwise legal activity.
Rehabilitation
In the context of the criminal justice system, this is the process of helping inmates grow
and change, allowing them to separate themselves from the factors that made them offend
in the first place. In addition, preparing someone for a productive/crime free life once out
of incarceration.
reliability
the degree to which a measurement or research method produces consistent results. This
consistency can also be understood as replicability, either at different times, and/or by
different researchers.
Glossary | 537
Reparation
The making of amends for a wrong one has done. This can be done by paying money to
or otherwise helping (with service) those who have been wronged. In the criminal justice
system, reparation is often court ordered.
representation
the process of socially constructing images and attaching signification/meaning to them
repressive state apparatuses
bodies of government/states granted with the legal right to use physical force to control
the masses.
Retributive/Retribution
An approach to law and criminal justice based on the punishment of offenders with the
intention of making the offender “pay” for what they have done (an “eye for an eye”).
routine activity theory
requires that a potential offender, a suitable target, and the absence of a capable guardian
must come together in order for criminal activity to be realized
scientific racism
the positivist use of science to prove the existence of race as a scientific category. It exploits
science and scientific method as a pathway to promote the existence of race and it attempts
to use natural and evolutionary science to falsely demonstrate that different “races” of
human beings have evolved over centuries and now populate our world. Contemporary
scientific research has shown that race is a faulty construct because DNA examination
proves there are no “racial” differences in the genetic samples taken from people adapted
to the different climates and continents of the world. For example, a person with Western
European ancestry might have more genetic similarity with someone with east Asian
ancestry than they do with someone with Scandinavian ancestry.
secondary definers
those individuals who have the task of responding to the definition of a situation as set
out by the primary definers (including journalists who reproduce and/or filter what the
primary definers have stated, as well as oppositional definers who journalists may include
to provide a counter-point to what the primary definers have stated)
self-actualisation
fulfillment of one’s full human potential.

settler-colonial/settler-colonialism
a form of colonization where newcomers resettle a territory that is already inhabited by

Indigenous peoples. The resettlement erases and reterritorializes the land in such a way
that the land becomes both foreign and inaccessible to the indigenous first inhabitants.
simplification
the process of making something easier to understand, which also results in a loss of detail
and complexity
situational crime prevention
a highly practical and effective means of reducing specific crime problems. Essentially,
it seeks to alter the situational determinants of crime so as to make crime less likely to
happen
social formation
a society or a social structure (e.g., a nation, a city, family, etc.) made up of a complex of
concrete economic, political, and ideological relations, bound together and characterized
by their historical relation to the economic relations (e.g., capitalism) they are located in.
social responsibility model
theoretical perspective that views the media as playing an important role in upholding
democracy, ensuring an informed citizenry, and shining light on abuses of power
social structures
organized patterns of social relations and institutions such as class, family, law, race,
gender.
spatial criminology
a branch of criminology that measures and theorizes explicitly spatial processes and
relationships
spatial patterns
refers to space
Species justice
an approach to justice concerned with living creatures as having value in their own right; as
such humans owe obligations and duties to them.
Glossary | 539
Speciesism
connected to anthropocentrism, this is the assumption that humans are the superior
species; human needs are prioritized and needs of other species are deemed unimportant;
most often connected to the privileging of humans over animals.
state-organized crime
acts defined by law as criminal and committed by state officials in pursuit of their job as
representatives of the state.
stereotype
socially constructed category or label relying on generalized assumptions about people,

behaviours, or situations based on a specific characteristic (such as race, ethnicity, culture,
nationality, neighbourhood, gender, social class, etc.)
street crime
crimes that include acts that occur in both public and private spaces, as well as
interpersonal violence and property crime
structural Marxism
the argument that law works to ensure capitalist accumulation and to maintain conditions
where the generation of wealth is possible based on the idea that states act on behalf of
capital, not at its behest, and ideology is spread out among numerous social structures.
subculture
a subdivision within the dominant culture that has its own norms, beliefs, and values.
substance abuse disorders
a mental disorder that affects a person's brain and behavior, leading to a person's inability
to control their use of substances such as legal or illegal drugs, alcohol, or medications.
Symptoms can range from moderate to severe, with addiction being the most severe form
of SUDs. Support dimension: warm, responsive parenting. Children who lack support feel
rejected, unaccepted or neglected.
suite crime
crimes that include those referred to as corporate crime, crimes of the powerful, state-
corporate crime, and state criminality
surveys
a general view, examination, or description of someone or something

symbiotic relationship
an interaction between two individuals or groups that is mutually beneficial
technique of neutralisation
a technique which allows the person to rationalise or justify a criminal act. There are
five techniques of neutralisation: denial of responsibility, denial of injury, denial of victim,
condemnation of the condemners, and appeal to higher loyalties.
techniques of neutralisation
a technique which allows the person to rationalise or justify a criminal act. There are
five techniques of neutralisation: denial of responsibility, denial of injury, denial of victim,
condemnation of the condemners, and appeal to higher loyalties.
temperament
an aspect of personality concerned with emotional dispositions and reactions and their
speed and intensity; the term often is used to refer to the prevailing mood or mood pattern
of a person.
temporal patterns
refers to time
the carceral
the multiple networks of diverse techniques and the power of normalization to regulate
human behaviour that we see in prison as it extends into the entire social body.
the unfinished
an abolitionist concept capturing the idea that abolition is ongoing and requires constant
struggle and analysis.
traditional (legacy) media
traditional types of media (that existed pre-Internet), including print (newspapers,

magazines, books), visual (films, television programs), and audio (radio, music recordings)
forms
Transgenic organism
a genetically modified organism (GMO) that has had DNA from another creature introduced
into its genome.
Glossary | 541
trauma
Psychological trauma is a response to an event that a person finds highly stressful.

Examples include being in a war zone, a natural disaster, or an accident. Trauma can cause a
wide range of physical and emotional symptoms. Not everyone who experiences a stressful
event will develop trauma.
trauma-informed approach
recognizes and responds to the signs, symptoms, and risks of trauma to better support the
health needs of patients who have experienced Adverse Childhood Experiences (ACEs) and
toxic stress.
victim-blaming discourses
ways of talking about victims and victimization that place at least part of the responsibility
for the harm done to the victim on their own behaviour or attributes (e.g. how they were
dressed, what they said, where they were, what they were doing, which measures they took
to defend themselves, etc.)
Victim-Offender Dialogue
A process based on restorative justice principles where a victim and offender have direct or
indirect dialogue in the aftermath of a harm. This dialogue is usually facilitated by a trained
person who has worked with both parties to prepare them for the encounter.
victimization
the outcome of deliberate action taken by a person or institution to exploit, oppress, or

harm another, or to destroy or illegally obtain another's property or possessions
white-collar crime
a crime committed by a person of respectability and high social status in the course of their
occupation.
Zemiology
the study of social harm; from the Greek zemia, meaning harm or damage.

Contributors
Editor
Leah Ballantyne, LLB, LLM

Leah Ballantyne, LLB LLM is from the Mathias Colomb Cree Nation in Pukatawagan, Manitoba.
The community is signatory to Treaty 6 in the northern boreal forest. Leah is the first and only
member of her community to become a lawyer and she follows a long line of both elected and
hereditary leadership from her Nation.
Leah graduated from UBC faculty of law in 2005 and earned her Masters-in-law (LLM) in
international law and governance in 2017 as class valedictorian at the University of Hawaii at
Manoa School of Law. Leah is a member of the law societies of both Manitoba and British
Columbia.
Ms. Ballantyne serves grassroots leaders, Chiefs and other First Nation-led organizations in
upholding treaty and inherent rights. Currently, Leah provides her time to the Lower Fraser
Fishery Alliance for the RELAW project – “Revitalizing Indigenous Land, Air and Water.” LFFA
RELAW produced a legal synthesis report aimed at Indigenous law-based fish habitat
restoration strategies for the Lower Fraser. The work is created in collaboration with the
RELAW team of Relawyers at the West Coast Environmental Law Foundation. Leah also
provides her expertise to a C-92 Child Welfare Law reform project, and recently to residential
site school reclamation and memorialization work. She is currently an active board member
with the First Nation Health Authority and the Canadian Mountain Network.
Kwantlen Polytechnic University has hired Leah to edit this textbook to ensure that culturally
appropriate and safe language is used when involving Indigenous peoples and pedagogy.
Authors
Dr. Shereen Hassan

I have been a faculty member of the Criminology department at Kwantlen Polytechnic

University since 2004. I studied at Simon Fraser University, where I earned by PhD in 2010. But
I did not enter SFU with the intention of pursuing a career in criminology or criminal justice.
In fact, it was during my first-year experience enrolled in courses in the social sciences where
topics like human rights and social justice were introduced, and this is when I developed a keen
interest in this field of study. It was also my experience being racially profiled while travelling
across the U.S./Canada border, which occurred for the first time during my 2nd year at SFU,
Contributors | 543
that really lead to my decision to pursue my degrees in criminology. As it turns out, flying while
Arab has proven to be quite challenging. I expand on these experiences in the vignette at the
start of the Race and Racism chapter of this textbook, and I touch on these experiences at the
start of each term with my students, as I feel stories and lived experience are valuable ways to
make these issues relevant in the classroom.
I grew up in a low-income family in Port Coquitlam, B.C., not far from the Pickton farm. I was
one of the only 3 people of colour in my elementary school (my brother was one of them). I
always felt like I had to fight to get through challenges in life, and have not been afforded the
privileges that many of my classmates enjoyed. Developing a text that was easily accessible
to students trying to pave their own path, some with very little support and resources, was
really a dream come true for me. While my own experiences of racism and marginalization
differ significantly from the experiences of Indigenous peoples of Canada, my background has
certainly heightened my sensitivity around these complex issues and my appreciation for the
need for culturally sensitive and trauma-informed approaches to teaching and learning.
Dan Lett, MA
I am a faculty member and current Co-Chair of the Criminology Department at Kwantlen

Polytechnic University. My research is in the areas of surveillance, morality, public criminology,
and racism, and my work appears in journals such as Media, Culture and Society, Criminology
and Criminal Justice, and Canadian Journal of Sociology.
I was born and raised in the town of Northampton in the UK. My undergraduate career began
in a film studies program, but I quickly took an interest in media and sociology electives. After
graduating, I taught English in Japan where I met my Canadian partner and made plans to
pursue sociology for my graduate studies in Canada. I consider myself very fortunate to live and
work as a settler in B.C. I take great inspiration from the determination of our students at KPU,
many of whom overcome considerable challenges on their journey to achieving their education
goals. I believe that open education resources like this one are a crucial component of education
equity.
Contributors
Sean Ashley
CAPILANO UNIVERSITY
All human lives are both constrained and enabled by social context. My own family history
is situated within the Maritimes of Canada. I was born in Moncton, New Brunswick, on the

grandmother’s family are Acadians who arrived at Fort St. John, Acadia, in 1657. My paternal
grandparents’ ancestors are English Loyalists who settled in what is today southwestern New
Brunswick, on the territory of the Passamaquoddy and Wolastoqiyik people, after the American
Revolution.
As I young man I benefited from the privilege that came from being an English speaking, white
settler. I attended Mount Allison University, a school that many members of my family had
already attended. I don’t recall ever making a choice to go to university; it was simply always
expected given our family’s social position. Despite this privilege, Atlantic Canada is a poor
region, and after graduation I found it hard to find work, so like many young people I headed
west in search of economic opportunities. I enrolled in Simon Fraser University for my graduate
studies, where I completed my Master of Arts and PhD. I have remained in British Columbia ever
since, settling on the unceded territories of the Tsleil-Waututh, Musqueum, Stó:lō, Stz’uminus,
and Qayqayt nations.
Jon Heidt
UNIVERSITY OF THE FRASER VALLEY
Social context and history are important to understanding anyone’s background. I am originally
from Bismarck, North Dakota in the United States. My ancestors arrived in the United States
in the early 1900s and came from a variety of European countries including Germany, Russia,
Norway, and Sweden. Many of my ancestors were farmers and were granted access to land
through the Homestead Act—an option that was unavailable to the Dakota, Lakota, Arikara,
Assiniboine, Chippewa, Hidatsa, and Mandan tribes of Indigenous people who were originally
living in Dakota Territory. This is another example of how governments in the United States
(through the Dawes Act and the Bureau of Indian Affairs) and Canada (through the Indian Act)
used the law to ensure that European settlers would have access to opportunities to be
successful. I have benefited greatly throughout my life from this unfair situation. I also am
aware that many more educational and economic opportunities were afforded to me due to my
status as a White male and because of the institutional racism that is present in North American
society.
Gail Anderson
SIMON FRASER UNIVERSITY
My name is Gail Scott Anderson, and my background is Celtic. I was conceived in India, where
my father worked at the time, and born in the north of England to a Scottish father and North
Yorkshire mother of Scottish origins. Much of my early life was spent in the former Yugoslavia,
where, again, my father worked. I grew up in Yorkshire, which is originally Celtic territory, but
colonized and conquered many times by a variety of invaders over the millennia, to produce
what is England today. My father was overseas most of my childhood, but I had a privileged,
stable, and happy home. I was the first in my family to go to university.
Contributors | 545
I came to Canada for graduate school, coming to Simon Fraser University, where I work today,
on the unceded traditional, ancestral, and occupied lands of the Coast Salish Peoples including
the xʷməθkwəy̓əm (Musqueam), Skwxwú7mesh (Squamish), Səl̓ílwətaɬ (Tsleil-Waututh), and
Kʷikʷəƛ̓əm (Kwikwetlem) Nations. I am grateful to live on the unceded traditional, ancestral, and
occupied lands of the Kwantlen, Sto:lo and WSÁNEĆ Nations.
I am a biologist, specifically an entomologist, and always wanted to do something useful with

my science. So, I became a forensic entomologist, working on homicide, animal cruelty and
poaching cases. When I moved to the School of Criminology from the Department of Biological
Sciences, I was interested to see how little biology was considered in criminology, despite all the
new and exciting research being conducted on the biology of criminal behaviour. I developed a
course and later a book (now in its 2nd edition) on biological influences on criminal behaviour
to introduce my students to the basic biological underpinnings of behaviour so they could
understand the relatively new field of biosocial criminology. I feel that this is a very hopeful
area of criminology as many biological risk factors can be better managed once we understand
them. As well, studying biological factors such as epigenetic effects help us comprehend why
the abuses of residential schools and other forms of systemic discrimination not only impact the
generation abused but also produce biological effects on future generations, hopefully allowing
us to understand and move forward.
I fully recognize the white privileges and benefits of the circumstances of my birth and
upbringing and the impossibility of seeing the world from others’ perspectives. We all have
very different experiences and ways of understanding, and scientific thought, as a way of
understanding the natural world, is one of those. Biological approaches are one of many
different ways of attempting to understand criminogenic behaviour and there are many others,
such as Indigenous approaches, which, although not covered in this chapter, are no less valid.
Jennifer Mervyn
REGISTERED PSYCHOLOGIST WITH BC COLLEGE OF PSYCHOLOGISTS
I am Metis on my father’s side, with my ancestors originating from the Red River area, and
European on my mother’s side. I am a mother of three children who are also Cherokee/
Muscogee on their father’s side. I am working hard to raise my family with a proud and rich
sense of cultural identity, as I believe it is essential to healing from intergenerational trauma. I
have worked in a clinical capacity with vulnerable children, youth, adults, and families for over
20 years, and supported a number of young people as they have interacted with the criminal
justice system. Through this work, I have come to believe that the criminalization of mental
health and addictions only further stigmatizes and entrenches our most vulnerable, and makes
access to healing more difficult for all. My heart and life’s work are centered around promoting
trauma-informed policies, principles, and practices across all sectors (healthcare, policing, child
services, education) so that we will see healthier individuals, families, and communities able to
thrive.

Stacy Ashton
CRISIS CENTRE BC
I am a white, cis-gender, middle class professional who has spent her career in the non-profit
sector, including frontline and administrative work in crisis intervention and suicide prevention.
I am committed to community-based crisis and mental health response, and have recently
submitted proposals to BC’s Special Parliamentary Committee on Police Act Reform advocating
for a crisis care continuum to drastically reduce the need for police response to mental health
crisis situations.
Zachary Rowan
We begin this chapter by acknowledging our own positions as authors and presenters of this
criminological perspective. As the first of two co-authors of this chapter, it is not lost on me
as a white male from the United States, educated mainly by scholars that look similar to me,
1
that I am writing a chapter that aims to engage in a meaningful consideration of an Indigenous
and decolonized approach to the study of criminological theory. I grew up in a majority white,
middle-class neighbourhood that rarely faced exposure to alternative views let alone challenges
to that system. Consistent with the theoretical orientation of this chapter, I attempted to
expand my worldview by immersing myself and learning from others at the culturally diverse
University of Maryland, where I earned a Bachelor’s, MA, and PhD in Criminology and Criminal
Justice. It was at University where I experienced my first “othering” experience as my identity
grew to include being a member of the LGBT community. These experiences and the privileges
afforded by my ability to attend University have informed me and enabled me to research the
role that groups, peers, and co-offenders play in facilitating criminal behaviour. I now work at
Simon Fraser University on the unceded traditional territories of the Coast Salish peoples of the
xʷməθkwəy̓əm (Musqueam), Skwxwú7mesh (Squamish), and Səl̓ílwətaɬ (Tsleil-Waututh) Nations.
Michaela McGuire
SIMON FRASER UNIVERSITY PHD STUDENT
As the second co-author, I am a current PhD student and my research focuses on the
interconnection between belonging and justice. I grew up in Burnaby, B.C., visiting my other
home (Haida Gwaii) every summer. I grappled to find my place in this world amongst racism,
stereotypes, colonialism, educational streaming, and micro-aggressions. I have often felt as
though I was of two worlds – in terms of my ancestry (Haida, O jibwe, British & Irish), my
1. Indigenous identity is a colonial construct that “describes… thousands of distinct societies with their own names,
governments, territories, languages, worldviews, and political organizations” (De Finney, 2017, p. 11), from hundreds of
Nations, peoples, and/or communities. We use the term Indigenous Peoples—out of recognition of the many Nations,
peoples, and communities that existed (and still exist) as sovereign Nations prior to European contact. For further
explanation see this video.
Contributors | 547
physical location (the Lower Mainland & Haida Gwaii), and general sense of self. I have come
to understand that education is powerful, and it feeds resistance, revitalization, decolonization,
and resurgence. Learning about the ongoing impacts of colonialism, genocide, racism, and the
complicity of the colonial state in perpetuating harm against Indigenous peoples through its
institutions has fueled my desire to seek justice.
Dr. Rochelle Stevenson

THOMPSON RIVERS UNIVERSITY
My name is Rochelle Stevenson, and I identify as a white, heterosexual, cisgender woman.

I currently live in Kamloops, BC, on the lands of the Tk’emlúps te Secwépemc within
Secwépemc’ulucw, the traditional and unceded territory of the Secwépemc peoples. I am an
uninvited guest in their territory, and I am grateful for the hospitality of the Secwépemc people
as I live, work, and learn on their lands. I share my life with my partner, and we are parents to a
wonderful Standard Poodle and two adorable cats.
as a mature student to pursue my degree in Criminology that I truly realized the extent of
that privilege. Confronting my privilege was very uncomfortable, but critical to my growth as
a scholar and a person. My early studies opened my eyes to the stark contrasts in experience,
force to continue.
with the non-speciesism of the human-animal bond. My work over the past 15 years has
remain together while healing from violence. Though this work is emotionally challenging (even
heartbreaking) at times, and I consistently wrestle with my own position of relative privilege, my
furry family members are my inspiration to keep moving forward to create a safe and inclusive
society.
Jennifer Kusz
My name is Jennifer Kusz, and I am white, heterosexual, settler. My background is English/

Scottish and Italian. My father was RCMP for 31 years, and as a child we moved around B.C.
a lot. I spent time living in small communities, including Port Hardy, Masset and then back
to Vancouver Island as a young adult. My mother worked as a 911 operator, and then various
bookkeeping jobs. I grew up believing we were middle class, but relative to the many people
we were living alongside we lived a privileged life. There was always food on our table, we
were able to plan for family vacations to Disneyland and Hawaii, and when we lived in what
the RCMP defined as remote communities, there was funding available for us to travel. Neither
of my parents completed university and being able to pay for both their daughters to attend
university was an important goal for them. My sister and I went to university straight out of
high school and graduated with our undergraduate degrees without any student debt, thanks to
the generosity and privilege bestowed upon us by our parents. Currently, I live with my partner,
three children, five cats and a dog. We live, work, teach, and learn on the ancestral, traditional,
and unceded Indigenous territories of the Snuneymuxw, Quw’utsun and Tla’Amin peoples.
I am a feminist and a criminologist. I have spent more than 10 years researching and supporting
victims of domestic and sexual violence. My line of work and research intersects with the
intergenerational violence that Indigenous peoples have experienced for centuries. Over time,
my understanding of the harms has broadened to consider how Indigenous people, particularly
women, are simultaneously impacted through their experiences as women, interests with their
experiences through colonization, intergenerational trauma, and systemic discrimination.
I continue to work through and unpack my own privilege, and attempt to use my power and
privilege to educate students, colleagues, family and friends about privilege, power, racism, and
discrimination. I will continue to be an ally with those who are in positions of less power and
privilege than I.
Tara Lyons
I am a queer cisgender woman of English, French, Irish, and other mixed European descent.
I grew up on unceded, ancestral, and traditional Lheidli T’enneh territories and currently
live on unceded, ancestral, and traditional Səl̓ílwətaʔ/Selilwitulh (Tsleil-Waututh), Kʷikʷəƛ̓əm
(Kwikwetlem), xʷməθkwəy̓əm (Musqueam), Skwxwú7mesh (Squamish), and Stó:lō territories.
It took me some time to find my way through an undergraduate degree including stops at BCIT,
Douglas College, and Simon Fraser University. Gender studies classes at Douglas College were
the first to open up my views of patriarchy and how my positionality shapes my experiences
and understandings of the world I occupy. These and subsequent classes pushed me to think
critically about the harms of feminist approaches that are exclusionary and narrowly focused on
cisgender White women perspectives. My most valued learnings throughout graduate studies
at Concordia University and Carleton University were call ins, collaboration, and actions with
communities of folks engaged in drug policy, prison abolition, and anti-capitalist activism. I am
one of the first in my family to attend a post-secondary institution.
Contributors | 549
Sheri Fabian
My name is Sheri Fabian and I identify as a white, heterosexual, settler woman. I now live in
Coquitlam, BC on the unceded traditional, ancestral, and occupied lands of the Coast Salish
peoples including the xʷməθkwəy̓əm, Skwxwú7mesh, Səl̓ílwətaɬ, and Kʷikʷəƛ̓əm Nations. I
acknowledge these are stolen lands, the harms and mistakes of the past and present, and I
dedicate myself to moving forward as an accomplice with Indigenous communities in a spirit of
reconciliation and collaboration.
My paternal grandparents immigrated from Scotland and Ireland, and my maternal grandfather
was Slovakian, born in what was then Czechoslovakia, immigrating to Canada alone at 14. My
maternal grandmother was born in Saskatchewan and she and my grandfather relocated to
Kelowna, in the interior of BC. My father was born in Salmon Arm, BC, my mother was born in
Kelowna, as were I and my brother and sister. Growing up, I was one of very few my age whose
parents were born in BC, and it was even more unlikely that my classmates’ grandparents were
born in Canada, let alone BC. My husband and I have one daughter who lives in Edmonton, and
we are about to be first-time grandparents. I live with my husband and four cats.
I moved Vancouver in 1980 to attend UBC, completing a BA in English and Sociology as a first
generation university graduate. I’ve remained in the greater Vancouver area since then and I
am now a University Lecturer in the School of Criminology at Simon Fraser University. I only
began to understand my own privilege when I attended university. I became more aware of
that privilege as I spent 15 years validating residential school survivor claims. That research
helped me better understand the colonial project of the Canadian government that continues to
harm Indigenous peoples today. That work continues to shape who I am, my relationships and
interactions with others, and how I teach. One of my greatest joys is helping students see their
own potential, paying forward the very gift my mentors gave to me.
Dr. Steven Kohm

UNIVERSITY OF WINNIPEG
I am a non-Indigenous, white settler scholar of mixed European and Ashkenazi Jewish ancestry,
born and currently residing on traditional territories of the Anishinaabeg, Cree, Dakota, Dene,
Métis, and O ji-Cree Nations in what is now Winnipeg, Canada. At the University of Winnipeg
where I teach courses in criminology and criminal justice, formal land acknowledgements
usually begin by recognizing that this area is within Treaty 1 Territory—the first of several
numbered treaties between British colonizers and Indigenous peoples in what is now western
Canada. Although this land was taken from Indigenous peoples using the legal framework of a
treaty, those who live here today are haunted by the ghosts of colonialism. My childhood home
was located two blocks from the former Assiniboia Residential School, which operated from
1958 to 1973. By the time I was old enough to notice, it was long abandoned, boarded up and
left for bored teenagers to break into at night. I’m still haunted by the memory of the dusty
rooms, rusty metal bedframes, and darkened hallways left behind as traces of a genocide that

took place right in my own backyard. Growing up in Winnipeg, I never gave clean, plentiful
drinking water much thought. However, years later I discovered that the city’s water is sourced
from Shoal Lake 40 First Nation via an aqueduct connecting the city to a small Indigenous
community in Northwestern Ontario. In order to ensure white settlers had clean water, this
Indigenous community was forced to move to an island that was cut off from the mainland
without all-weather road access for one hundred years until the completion of “Freedom Road”
in 2019. Ironically, the community endured for more than 25 years under a boil water advisory
while we enjoyed clean, plentiful drinking water. I am haunted by the colonial foundations of
this nation and this city, which have brought me and my settler ancestors great benefit while
displacing, marginalizing and criminalizing Indigenous people. This chapter is a small reflection
of my commitment to reconciliation and reckoning with colonialism, and I hope it demonstrates
that cultural criminology can play a role in exposing and critiquing the colonial injustices that
continue today.
Dr. Gregory Simmons

I am a white male who hails originally from the United Kingdom, a key historical centre
of colonial and imperial power in relation to what we now call North America and across
the globe. When I was 14, my family moved to northern British Columbia, on the territory
of the Lheidli T’enneh people, where I witnessed firsthand the effects of colonialism and
systemic discrimination against Indigenous peoples. My own privilege was made more apparent
to me upon attending university, where the under-representation of Indigenous peoples was a
striking reality. After completing a law degree at Osgoode Hall in Ontario, I worked in the non-
profit environmental sector. Here, it was brought home how so much of the conflict, disrespect
and injustice visited upon Indigenous peoples is rooted in environmental exploitation and how
Indigenous peoples were so often on the frontlines of resisting that harm and defending their
(often unceded) territory. Later in life, I went back to school to complete a Ph.D. in Criminology
at Simon Fraser University, which was informed by this experience. I strive to be alive to and
honour such struggles and to forward a green criminological praxis that hopefully can play a
positive role in the much bigger process of reconciliation.
Dr. Mark Vardy

I am a white male born in the Cowichan Valley where I was raised by parents who immigrated
from England to Canada to work as school teachers. The intersection of privilege that I occupy
became apparent to me when I was raising my daughter as a full-time single parent on a low
income. I saw the differences between my ability to navigate social welfare systems and the
obstacles that other young single parents faced. While we had similar economic situations, I
realized that I had what I later learned in post-secondary was called “cultural capital.” That is,
my middle-class upbringing enabled me to express myself in ways that could be understood
by workers within the social welfare system. I still see frequent occurrences of white privilege
Contributors | 551
when people seem to grant me a certain kind of status, power, respect or authority that strikes
me as an artefact of colonialist cultures of white supremacy. Like Greg and Rochelle, I hope to
use my position of privilege to work towards transformative social change.
Dr. Jordana Norgaard

BC MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL
My name is Jordana Norgaard, and my background is primarily English and Scottish (or at least
that’s what my ancestry results showed). I was born and raised on the unceded traditional,
ancestral, and occupied lands of the Coast Salish Peoples including the xʷməθkwəy̓əm
(Musqueam), Skwxwú7mesh (Squamish), Səl̓ílwətaɬ (Tsleil-Waututh), and Kʷikʷəƛ̓əm
(Kwikwetlem) Nations, in Vancouver, British Columbia. I attended Simon Fraser University to
originally pursue a career as a history teacher. However, my plans changed after I took my
first criminology course. I immediately fell in love with the discipline and knew I had to switch
majors. I eventually found myself in graduate school, earning a Master of Arts and Doctor of
Philosophy in Criminology. My research focused on transit environments, crime prevention,
and victimology. As I started to teach, I recognized that victims and/or survivors of crime were
often overlooked throughout the criminal justice system. I found myself more drawn to find
ways to empower survivors of crime by doing more than teach. I decided to leave academia
and began working as a policy analyst for the provincial government in BC. My work helps
provide a voice to survivors who are most vulnerable by researching strategies and initiatives
to help provide direct support to those impacted by gender-based violence, human trafficking
and much more. I recognize the immense privilege I hold as a white and educated female. I
aim to write from a perspective of compassion, understanding, and respect. I hope for all of
those reading, you come away with more insight about the role victims and/or survivors hold
in the criminal justice system and to show kindness towards those who bravely re-tell their
experiences of victimization in hopes of making the future safer.
Dr. Benjamin Roebuck

VICTIMOLOGY RESEARCH CENTRE, ALGONQUIN COLLEGE
My name is Benjamin Roebuck, and my family history is rooted in white, settler-colonialism.

My father’s British ancestors settled on Mi’kmaq lands on the east coast in the late 1700’s,
and my mother immigrated from the United Kingdom with her family when she was a child. I
respectfully acknowledge that I was born and raised on the traditional territory of the Michi
Saagiig Anishinaabeg, which includes Curve Lake First Nation, Alderville First Nation, Hiawatha
First Nation, and the Mississaugas of Scugog Island First Nation. Settlers renamed the
Nogojiwanong area, meaning “place at the end of the rapids,” to Peterborough, and anglicized
the Odenabe river to Otonabee. As an adult, I have lived and worked on the traditional unceded,
unsurrendered territory of the Anishinaabe Algonquin People. The Algonquin word adawe,
meaning “to trade,” is believed to be the origin of the name Ottawa, which was used by settlers
to refer to the people who hunted and traded along the Kichi Sibi, meaning “great river.” I
acknowledge the pain and victimization Indigenous Peoples have experienced through policy

and legislation imposed from this region by the Government of Canada. In my extended family,
through adoption or marriage, I have witnessed the intergenerational harms of colonization,
and the beauty and resilience of Indigenous cultures and teachings. I am grateful to Indigenous
Elders, friends, and family members who have generously shared their wisdom. May I honour
these teachings and partner in the work of reconciliation with humility.
Michael Brandt
COAST MOUNTAIN COLLEGE
Positionality refers to the belief our individual experiences in the world, our privileges and
disadvantages, and our social locations (e.g., gender, social class, ethnicity) influence how
we perceive, interpret, and understand the world. Making a “positionality statement” is an
opportunity for me to introduce myself to you, the reader, and make visible factors that have
influenced how I perceive, interpret and understand the world. This chapter challenges the
dominant narrative that crime is predominately a problem of young males from the lowest
socioeconomic strata. My own personal “challenge” to a dominant narrative began quite young.
I was born in Canada at a time (early 1960s) when heterosexism was the norm, engaging in
same-sex behaviour was a criminal offence, and when members of the LGBTQ community were
labelled deviants. This kept me “in the closet,” fearful that revealing my own sexual orientation
would result in rejection by my friends and family, and in a diagnosis of mentally disordered.
I have benefitted from (or not been penalized for) being a white, middle class, and cisgender
male. I have never been subject to racial profiling by police or been denied a job because of
my skin colour. I have never had to worry about being able to pay my bills or worried about
where my next meal would come from. I have never been the object of sexual discrimination or
been paid less because of my gender. However, my sexuality made me an outsider, a member
of a marginalized and stigmatized community. It also made me question the prevailing norms of
society, and why they existed. I have brought that questioning of prevailing norms and applied
it to the official definition of crime and current operation of the criminal justice system.
Antonio Verbora
DEPARTMENT OF SOCIOLOGY AND CRIMINOLOGY, UNIVERSITY OF WINDSOR
It is important to discuss how my positionality and privilege impact my understanding and

articulation of the world. Positionality is important because it affects the way we see and
interpret the world around us, and consequently, how the world sees and interprets us
(Jacobson & Mustafa, 2019). To begin, my mother was born in Ardore, Reggio Calabria, Italy and
my father was born in Windsor, Ontario, Canada. Both my paternal and maternal grandparents
left Southern Italy to move to Canada in the mid-to-late 1950s to provide a better life for their
children. Italian emigration was fueled by dire poverty. Life in Southern Italy offered little more
than hardship, exploitation, and violence. The soil was poor and malnutrition and disease were
widespread.
I was born in the late 1980s and was raised in Windsor, Ontario, Canada with two older siblings
Contributors | 553
(sisters). In regards to the land I inhabit, I recognize that Indigenous peoples are the modern-
day descendants of the first human inhabitants of North America. I was raised in a middle-class
family that placed the upmost importance on education and being financially independent. As
a White privileged man, I recognize that there are inherent advantages possessed by a White
person on the basis of their race in a society characterized by racial inequality and injustice.
I do believe that having and recognizing my White privilege is important. My White privilege
exists because of historic, enduring racism and biases. And although I have family, friends, and
colleagues from all walks of life, I will never experience or understand their lived experiences.
I do, however, acknowledge this and I do my best in academia to shed light on these important
issues when I am given the opportunity to do so.
Alana Marie Abramson

I, Alana Marie Abramson, am of British, Romanian, Metis, and Cree descent. I had challenges
during my teens that brought me in conflict with the law as a victim of violence and as an
offender. On my journey, I have also experienced homelessness, foster care, and substance
misuse. The tribulations of my youth and the privilege I was born into have both facilitated
my education and career and inspired my critique of the current criminal legal system. I was
fortunate to meet a caring professor during my undergrad who encouraged the growth of
potential I was yet aware of. She and other mentors helped me process shame and trauma
from my past and cultivated my passion for creative and healing ways to address harm such as
restorative, transformative justice.
Melissa Leanne Roberts

LANGARA COLLEGE
I, Melissa Leanne Roberts, am of English, Welsh, and German descent. While I did not come
from a wealthy family, my siblings and I were well taken care of and lived with stable housing,
a two-parent household, and with all the necessities of life. We were encouraged to pursue
our dreams and seek careers that are supportive and enable us to be contributing members of
society. It was during my post-secondary education that I was exposed to ideas that challenged
me to question why the world is the way it is and what it ought to look like instead. Taking
a single class changed the trajectory of my life: from pursuing a graduate degree focused
on restorative justice to volunteering in restorative justice, to teaching restorative justice to
university students like yourselves.
We both acknowledge that we benefited directly from the unearned privileges of being white-
presenting, cisgender, able-bodied and educated. We also were both heavily influenced by a
passionate professor during our undergraduate degrees. These paths, although different, led us
both to incorporate the principles and values of restorative justice into our lives, relationships,
and work.

Kelly Gorkoff
I am a cis-white female who grew up in a working-class home that was strongly leftist
politically. I was raised, and completed my undergrad work, in Winnipeg, Treaty One Territory
and homeland of the Metis people. As an MA student and for 6 years after, I worked with a
national feminist research group established after the Montreal Massacre where I examined
gender-based, colonial violence. I studied political economy and sociology in Ontario, on
unceded Anishinabe Algonquin territory, and I landed back on Treaty One Territory where
I continue to teach, research, and work to understand the dynamics of marginalization and
inequality, power and politics, ideology and subjectivity.
Kevin Walby
I am a cis-white male who grew up in Saskatchewan, including in small towns and rural areas.
I was raised, and completed my undergrad work, in Saskatoon, Treaty Six Territory and part
of the homeland of the Metis people. I studied sociology in Ontario, on unceded Anishinabe
Algonquin territory, and I landed on Treaty One Territory where I continue to teach, research,
and work to understand the dynamics of policing, surveillance, and security using qualitative
and investigative research methods.
Contributors | 555

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Introduction to Criminology

A Canadian Open Education Resource

DR. SHEREEN HASSAN AND DAN LETT, MA

DR. SEAN ASHLEY; DR. JON HEIDT; DR. GAIL ANDERSON;

Licensing Info xvii

2. Typologies and Patterns of Crime

3. Media and Crime

4. Race and Crime

5. Methods and Counting Crime

6. Biological Influences on Criminal Behaviour

7. Psychological Theories of Crime

8. Sociological Theories of Crime

10. Critical Criminology

11. Feminist Criminology

12. Cultural Criminology

13. Green Criminology

15. Crimes of the Powerful

16. Environmental Criminology

17. Restorative, Transformative Justice

1.1 Crime in Context 49

2.1 A Note on Indigenous Peoples and Criminal Justice: Overrepresentation and 61

4.1 The Origins of Race and Racism 111

5.1 The Research Process 135

6.1 Genetics 163

7.1 Individual Psychology 187

8.1 Crime and Social Norms 231

10.1 The Rise of Critical Criminology 273

11.1 Foundations of Feminist Criminology 303

12.1 Something Old 335

13.1 What is Green Criminology? 367

14.1 Definitions: Victim or Survivor? 399

15.1 Crimes of the Powerful are White-Collar Crimes 429

16.1 The Origins of Environmental Criminology 463

17.1 Restorative Justice: A Paradigm Shift 491

You are free to:

• Share — copy and redistribute the material in any medium or format

Under the following terms:

Licensing Info | xvii

xviii | Introduction to Criminology

Objectives of this OER

Criminology as a Colonized Discipline

Much of the scholarship in criminology is indeed embedded in a European worldview based on

Inherently interdisciplinary, the study of criminology cannot be separated from considerations

Cote-Meek, R. (2014). Colonized Classrooms: Racism, trauma and resistance in post-secondary

xxii | Introduction to Criminology

Dr. Sean Ashley, Capilano University

Dr. Jon Heidt, University of the Fraser Valley

Social context and history are important to understanding anyone’s background. I am

Introduction: Thinking critically about crime patterns

2. Typologies and Patterns of Crime | 5

Dr. Chantal Faucher, Langara College

I am a white, middle-class, cisgender female educator teaching criminology and criminal

Introduction: Why should criminologists study media

3. Media and Crime | 7

Dr. Michael Ma, Kwantlen Polytechnic University

When I immigrated to Canada, I became a hyphenated Chinese-Canadian. As a young child, I

Dr. Shereen Hassan’s Vignette:

4. Race and Crime | 9

4. Race and Crime | 11