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Crime and Criminal and Passive voice M.6
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I saw a boy putting some chocolate into his pocket in the sweet shop.
Which crimes are described in the situation?
It is s______________________.
shoplifting
shop theft
shopping
sweet shop
Mrs Brody killed her husband.
Which crimes are described in the situation?
It is ______________________.
pickpocket
murder
rapist
thief
I saw a boy putting some chocolate into his pocket in the sweet shop.
Which crimes are described in the situation?
It is s______________________.
Mrs Brody killed her husband.
Which crimes are described in the situation?
It is ______________________.
An old lady was attacked and her pension was taken.
Which crimes are described in the situation?
It is ______________________.
A man was found with a bag of cocaine in his pocket.
Which crimes are described in the situation?
It is ______________________.
A man was charged with forcing a girl to have sex with him.
Which crimes are described in the situation?
It is ________________.
Reorder the words
Select item from the left column and another from right to connect
Reorder the words
Reorder the words
Reorder the words
Reorder the words
Reorder the words
Reorder the words
Reorder the words
Select item from the left column and another from right to connect
They were interviewing her for the job.
She ________________ for the job.
Tom is writing the letter.
The letter ________________ by Tom.
Everyone understands English.
English ________________ by everyone.
The employees brought up this issue during the meeting.
This issue ________________ by the employees during the meeting.
The professor told him not to talk in class.
He ________________ by the professor not to talk in class.
They say that women are smarter than men.
Women ________________ to be smarter than men.
The fire has destroyed the house.
The house ________________ by the fire.
She would have told you.
You ________________ by her.
She would reject the offer.
The offer ________________ by her.
This surprises me.
I ________________ by this.
Reorder the sentences in the passive voice.
Reorder the sentences in the passive voice.
Reorder the sentences in the passive voice.
Reorder the sentences in the passive voice.
Reorder the sentences in the passive voice.
What is a crime A crime is generally defined as an act or omission that is prohibited by criminal law Two critical ingredients of a crime are: 1) the commission of an act (Actus reus) 2) the mental intent to commit the act (Mens rea) A crime occurs when a person Commits an act or fails to commit an act when under a legal responsibility to do so Has the intent or mens rea to commit the act Does not have a legal defence or justification for committing the act and Violates a provision in criminal law The Social construction of crime Important to distinguish between behaviours that may be considered deviant by society and crimes Deviance is behaviour that is contrary to the norms and values of the larger society Crime is behaviour that breaks the law Deviance includes: Criminal behaviour and Wide range of other behaviours not against the law: May be frowned upon by the larger society What is viewed as deviant changes over time Crime includes: Social construction of crime Legal status of behaviours is not determined by behaviour itself but result of social response to the behaviour/persons/groups engaged in it Criminologists often conduct historical analyses to understand how social, economic and political environments may influence legislation Moral entrepreneurs Often play a key role in criminalizing certain activities Individuals, groups or organizations, seek action against certain groups of people/behaviours and bring pressure on legislators to enact criminal statutes The Origins and Application of the Criminal Law Differing perspectives on where criminal laws come from/ applied via the criminal justice system are reflected in two models 1) Value consensus model 2) Conflict Model Value consensus model Behaviours are defined as criminal/punishment imposed, reflect opinions/limits of tolerance Application of law, society reaffirms acceptable behaviours/social cohesion Conflict Model Crime and punishment reflect the power some groups have to influence, formulation/application of criminal law rich/privileged have an advantage in influencing law reform/criminal justice system The Canadian Legal System Is a common law system, with exception of Quebec which has a civil law system (Based on the French Code Napoleon) Common law is law based on custom, tradition, practice and generally unwritten Precedent is a judicial decision may be use as a standard in subsequent similar cases Canadian Courts Canadian courts organised in a hierarchy Supreme court of Canada is the highest court Stare decisis- principle whereby higher courts set precedents that lower courts must follow “To stand by what was decided” Like cases should be treated alike All courts below SSC bound to apply that same ruling in subsequent cases Criminal Law Body of law deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government Functions of the Criminal Law In Canadian society, Criminal law provides the following functions Acts as a mechanism of social control Defines the parameters of acceptable behaviour Reduces the risk of personal retaliation Assists in general and specific deterrence Prosecutes criminalized behaviour Protects groups interests Principles of Canadian Law The Rule of Law The requirement that governments as well as individuals be subjected to Traced back to the English Magna Carta The essence of the rule of law is that No one person is above the law All persons are bound by the law All are entitled to protection by the law The law should be observed and enforced equally There is a standard to which criminal justice officials must adhere and will be held accountable Criminal Law Vs. Civil (Tort) Law Summary Crime is a social construction and is a reflection of changing time and mores Criminal law is not static and what behaviour legislatively defined as criminal can change overnight There are instances in which controversy arises when the criminal law is applied to issues of ethics, morality and religion The criminal law was identified as one type of public law and the functions of the criminal law were set out The rule of law and the charter of rights and freedoms are two key parts of the foundation of the criminal justice system There are several principles that also provide the foundation for Canadian law The role, principles origins and application of the criminal law were examined and a number of case studies were presented to illustrate the dynamic nature of the criminal law in a diverse society Measuring the Effectiveness of police strategies and operations Clearance rates Def: The proportion of incidents known to the police that result in teh identification of a suspect Crime Displacement Def: relocation-due to the effective crime prevention, crime response initiates criminal activity from one local to another Professional Model of Policing Model of police work, reactive, incident driven and centred on random patrol Three Rs: random patrol, rapid response and reactive investigation Community policing Def: policing centred on police-community partnership and problem-solving The three ps: prevention, problem solving and partnership with the proactive role Community-based strategic policing Def: The model incorporates community policing with prevention, crime response and crime attack approaches Community engagement, police services strategic in their policies and operations Crime Analytics Sophisticated programs, and crime maps, provide intelligence to police officers in patrol and investigative units Intelligence-led policing: guided by collection, and analysis of information informs police decision-making Compstat: Increase effectiveness, and efficiency of police service while holding police personnel accountable for crime reduction Predictive policing: statistical analysis, identify time and location likely to occur Limited analytical capacity and not able to provide their officers with real-time information Biased policing certain areas, or persons, being identified as important for police attention in predictive policing How Predictive Policing Software Works The Police and the community Public Attitudes toward and Confidence in the police Community-based strategic policing: Recruitment, and deployment of volunteers in community police stations, storefronts Foot and bike patrols Team policing Restorative Justice Approaches Alternative for addressing, and resolving crime, needs of victims, offenders and the community Victim offender meditation Circle sentencing Community holistic healing programss Family group conferences Crime Prevention and Response Strategies Crime Prevention progemas Aimed at reducing crime, generating community involvement and heightening citizens; perceptions of safety Primary crime prevention programs opportunities for criminal offences and alter those conditions Secondary crime prevention programs focus on areas that produce crime and disorder Tertiary crime prevention programs are designed to prevent youth and adults from reoffending The Broken Windows Approach If minor crimes are left unaddressed in an environment, more serious crimes will emerge (originated in New York City in the 1980’s) “The exictsnce of unchecked and uncontrolled mirror incivilites in a neighbourhood- for example, panhandling, public drunkenness, vandalism and graffiti-produces an atmosphere conducive to more serious crime.” R.H. Burke Zero tolerance policing Zero tolerance policing: Strict order maintenance approach- specific area, coupled with high police visibility and presence Quality of life policing: Increased police visibility improves conditions in an area by targeting disruptive and annoying behaviour Problem Oritented policing (POP) Strategy, the idea that police should address teh cause of recurrent crime and disorder Root causes of recurring problems Solutions to problems Collabortaion with community SARA (scanning, analysis, response and assessment) problem-solving model helps officers identify, and respond to problems with the assistance of agencies, organizations, community groups The Police and Vulnerable/ At risk groups Persons with Mental Illness Patrol officers encountering more and more persons with mental illness (PwMi) Number of these end trragically Number of incidents increased significantly following deinstitutionalization of the mentally ill - in 1960 and 1970 De facto (in fact) mental health workers, first responders Crisis intervention training (CIT) Assertive outreach teams Assertive community treatment (ACT) teams Indigenouse, Vulnerable, and Marginalized women Sexual assault one of most underreported crimed. 1 in 20 incidents report to police. Many Women Do not want to deal with police Believe police would not take allegation seriously Language, cultural barriers Distrust the police Fear repercussions Missing and Murdered Indigenous women Canada, unknown number of missing and murdered indigenous women 2016, federal government announced National inquiry into Missing and Murdered Indigennouse women and girls Three goals of MMIWG 1. Finding the truth 2. Honouring the truth 3. Giving life to the truth as a path of healing History of policing Pre-confederation Mostly informal policing by community residents First police officers Quebec city, mid 17th century Upper Canada, early 19th century Mandate Police conflicts between ethinc groups and employes/labours Maintain moral standards (drunkenness, alcoholism) Apprehend criminals Provincal Police Force Response to disorder resulting form gold strikes in 19th century Replaced by RCMP during 20th century Currently, Ontario,Quebec and parts of Newfoundland have their own provincal police force History of RCMP North-Wesr Mounted Police Founded in 1873 Maintain law and order Ensure orderly settlement in prairies Many problems: desertion, resignation and improper conduct Replaced by Royal Canadain Mounted Police Police Today About 70,000 police officers across Canada 199 police officers per 100,000 population Lower than Scotland (337), England(244), U.S (238) NUmber increased over past decade NUmber of female officers increased 1 out of 5 officers is a women Contemporary Policing Structure of policing Four levels Federal, Provincial, municipal, and First nations Also public transportation police (railway, airport, and transit) Some municipalities have own forces E.g, Peel, Toronoto Others use provincial force detachments or RCMP detachments Royal Candanin Mounted Police Governed by Royal Canadian Mounted Pollcei Act (1985) Broad Range of policing activities, including federal policing and international peacekeppiong Contract Policing Provincial, territorial and municipal level Concerns about local oversight and accountability In but not of communities-difficult to ensure that RCMp detachments are responsive to communities Provincial Police Three forces Ontario Provincial Police Surete du Quebec (SQ) Royal Newfoundland Constabulary (RNC) Other provinces contractually use the RCMP Responsibilities Police rural areas and areas outside municipalities Enforce provincial laws and Criminal Code Regional Police Amalgamated Forces E.g Peel region police and Halton Regional Police Force Provide Police Services to over Half of Ontarians Advantages Cheaper, more servies Disadvantages To centralized, not in touch with community Municipal Police Responsibilites Enforce Criminal Code, Provincal Statues, municipal by laws, some federal statues (e.g drugs) Largest number of officers of any level My be contracted to RCMP or Provincal force Costs are paid by the municipality First Nations Type of policing is negotiated by First Nations Commnity Autonomous reserve based First Nations Officers from RCMP or OPP Responsibilites Enforce Criminal Code, federal and provicanl statues, band bylaws Accountability Reserve based police commission or band council Private Security Services Two main types 1. Private Security Firms 2. Company based, in house security officers No more legal authority than ordinary citizens But can arrest and detain people who commit crimes on private property In Canada, Private security officers outnumber police officer by four to one Parapolice Extension of activities Lack of systems of oversight like transitional police Police Work POlicing The activities of any indivual or organization acting legally on behalf of public or private organizations or persons to maintain security or social order Pluralization of Policing The sharing between public and private security Legislative Framework Carry out tasks within a number of legislative frameworks, define role, powers/responsibilites Canadian charter of rights and freedoms- most impactful on power/actvites of police Provincial and municipal legislation - Status such as motor vehicle administration acts, highway traffic acts, liquor acts and provincial/musincpal police acts Democracy Governance Categories of Policing Recruitment and Training of police officers Police recruitment Recruiting Visible Minorites and Aboriginal People Special initvates and programs for youth, women and visible minorities PEACE (Police Ethnic and Cultureal Exchange) OPPBound (particpate in variety of activate with officer) Toronto POlice recruitment of Somali Officers Edmonton police uniforms that include a hijab Police Training Residential/non-residential academies, centralized and decentralized Physical and academic instruction, socilization into the police occupation Operational field traiing Hands-on application of principles learned in the academy Mentoship form senior officer Working Personality of Police officers Challenges of Police Work Work Enviroment Long hours and shift work Exposure to stressors, especially in high demand environments PTSD and burnout Work Organiztion Harassment of female officers Cumbersome of system of internal redress Summary A number of misconceptions arounds police work, including th emotion that most police work involves crime control A variety of influences on the roles and activities of the police Four levels of policing: federal, provincial, mnicipal and First Nations, each with different responsibilities The Criminal Jusctice System CJS- all of the agencies, organizations, and personnel that are involved in prevention or, response to, crime including Persons charged with criminal offences Persons convicted of crimes Criminal jusctie professtionals Volunteers who work in the criminal jusctice system The CJS includes Crime prevention and crime reduction Arrest and prosecution of suspects Hearing of criminal cases by teh courts Sentencing and teh administration and enforcement of court orders Parole, forms of conditional release Supervision and assistance for ex-offenders released into the community Role and Responsibility of Government in the CJS Each level of government plays a role Division of responsibility, federal and provincial governments in the Constitution Act, 1867 The federal government decides which behaviours constitute criminal offences Provincial/territorial governments responsible for enforcing and administering the justice system Criminal Justice Administration Two competing perspectives on teh value systems underlying the administration of criminal jusctie 1. The Crime Control model: An orientation to criminal jusctise in which the protection of the community and the apprehensions of offenders are paramount. There are two competing perspectives on teh value system underlying the administration of criminal juscite 2. The due process model An orientation to criminal justice in which the legal rights of individual citizens, including crime suspects, are paramount An adversarial system of criminal justice Canadian criminal justice system is an adversarial system Defence lawyers/prosecutor present their cases before a neutral judge/jury The standard of proof is proof beyond a reasonable doubt Task Environments The task environment is the cultural, geographic and community setting in which the CJS operates, criminal justice personnel make decisions Media and Public Attitudes For most Canadians, news media stories primary source of information about CJS. Shows may oversimplify complex issues Tens to be biased toward sensational crime, simplify issues and public generalize from specific events Different Effects of the CJS Studies of the deterrent effect of criminal law suggest the law can serve as a deterrent only when certain conditions are present 1. Legal Sanctions (severe) applied if individuals engage in certain behaviours 2. Certainty of punishment 3. Sanction is applied swiftly when a crime is committed Restorative justice Restorative justice, alternative framework for responding to criminal offenders. Focus on Problem-solving Addressing the needs of victims and offenders Involving the community on a proactive basis and Fashioning sanctions that reduce the likelihood of reoffending There are a number of entry points in the criminal justice system where restorative justice approaches can be used Summary The criminal jusctie suystem (CJS) contains all of the agencies, organiztions, and personnel that are involved in teh prevention of, and response to crime There are 2 competing models of criminal justice administration: 1) due process and 2) crime control. The flow of cases through the justice system can be illustrated with a “funnel,” reflecting the fact that there is significant attrition in cases through the criminal justice process The role of discretion, ethics and accountability are pervasive considerations within the CJS CJS personnel work in various task environments that affect teh challenges faced There is variation in the oversight and accountability of criminal justice personnel For most Canadians, teh media is the primary source of information about the CJS Restorative justice has a number of features that distinguish it from the adversarial system Considerations in the Study of Criminal Justice Inequilty in Canada A key feature of Can Society is inequity, particularly income inequity Top 1% earns 39.1% of income One million children live in low-income households Gender inequality in the workplace costs Canada $150 billion/year Women working full-time earn 74.2 cents for every dollar that full-time male workers make Racism, Prejudice and Discrimination Prejudice: unsubtitled, negative prejudgment of individuals/groups based on ethnicity, religion or race Discrimination: action/decision treats a person/group negatively Racism: prejudice, discrimination or antagonism based on belief that one’s race is superior Racial Profiling: action that relies on stereotypes about race, colour, ethnicity, ancestry, religion, place of origin rather than on reasonable suspicion Racial Profiling Experiences of Women Women- UNiqu experiences within CJS Higher education than ever before Self-report violent victimization is higher among women (85% per 100,000 women versus 67% per 100,000 for men) Experiences of Indigenous Persons Disproportionately represented as both victims and offenders at all stages of the criminal justice system Violent victimization is more than double that of non-indigenous persons (160 vs. 74/1,000) 27% homicide victims in 2009 were indigenous The Legacy of Colonization Many indigenous people live on the margins of Canadian society Pervasive poverty High rates of unemployment Low levels of formal education High death rates (accidents/violence) Often much worse off than non-indigenous persons Residential school system operated by federal government -1880s-1990 150,000 Indigenous children sent to residential schools “60s schoop” Intergenerational impact - residential schools - Truth and Reconciliation Commission Additional Considerations Escalating Costs of the CJS CJS expenditures have increased despite the overall decline in crime rates across the country Rise of the Surveillance Society Life in early 21st century- the pervasiveness of technology, surveillance technology Most citizens do not realize that every day their activities are recorded by video camera while shopping, when standing at a bus stop, even while driving Needs of Crime Victims Physically, Psychologically, emotionally, financially and social Victims can feel worse because of re-victimization Re-victimization: the negative impact on victims of crimes casued by the decisions and actions of criminal justice personnel Canadian Victims Bills of Rights, 2015. Summary Inequality, racism, prejudice and discriantion were intriduced as features of Canadian Society These are often manifested in racial profliing and the racialization of gropus and individuals Addtional consideration in the study of teh criminal juscitce system are The escalating costs of criminal jusicte The question as to whether the Canadian public is getting the “value of money,” The changing boundaries of criminal justice agencies as reflected in the development of multi agency partnerships Additional Consideration in the study of the criminal Justice system are The challenges posed by teh rise of teh surveillance society due to the pervasiveness of technology The challenges faced by crime victims Concerns for the health and wellness of offenders criminal justice professionals and The lack of diversity among criminaHow is personal data collected? There are several ways that an unauthorised person can try and collect your data. These include: •phishing •smishing •vishing •pharming. Phishing Phishing is when a person sends a legitimate looking email to a user. The email contains a link to a website that also looks legitimate. The user is encouraged to click the link and to input personal data into a form on the website. The email could also simply ask the user to reply to the email with their personal data. The user is tricked into giving their personal data to a source that they believe is legitimate. However, both the email and the linked website are from a fake unauthorised source. The personal data that is input is then collected by an unauthorised person. This person can then use this data for criminal acts, for example, to commit fraud or steal the person's identity. Intimidation has become a common feature of phishing emails, threatening the user that they must click the link and rectify a situation immediately, or there will be a further issue. The aim of a phishing attack is to steal the user's personal data. Figure 5.1: Phishing. A real-life example of phishing PayPal have been the subject of several different phishing emails. Users receive an email that looks as though it has been sent from PayPal, as it has the PayPal branding. The email normally warns of an issue such as unexpected activity on their account, or that some kind of verification of their account is required. The user is then asked to click a link to log into their account and resolve the issue. The link takes them to a webpage that looks like the PayPal login page. If the user inputs their login details into this page, they will not be taken to their account. It is often at this stage that the user may realise that the email and webpage are fake. However, they have already given the unauthorised person their PayPal login details. Figure 5.2: An example of a phishing email claiming to be from PayPal. How to recognise phishing There are several guidelines to be aware of regarding emails to avoid being subjected to phishing. These include: •Don't even open an email that is not from a sender that you recognise or a trusted source. •Legitimate companies will never ask you for your personal data using email. Be immediately suspicious of any email that requests your personal data. •Legitimate companies will normally address you by your name. Be suspicious of any email that addresses you as ‘Dear Member' or ‘Dear Customer'. •Legitimate companies will send an email that uses their domain name. If you hover your mouse over the sender's name, it will show the email address that the email is sent from. If this does not look legitimate, for example, does not contain the correct domain name, then it is probably fake. For example, if the sender's email is user@paypal1.com rather than user@paypal.com, this is from an incorrect domain name. •Legitimate companies are protective of their professional reputation and thoroughly check any communications. They will make sure that all information given is grammatically and correctly spelt. Be suspicious of any email that contains bad grammar or spelling mistakes. •A link in an email from a legitimate company will also normally contain the domain name of the company. You can sometimes hover over the link, or right click and inspect the link, to see the address of the URL that is attached. If the URL does not contain the domain name, or also contains typical errors such as spelling mistakes, then be suspicious of this. PRACTICAL ACTIVITY 5.02 Ask a friend or a member of your family if they have ever received an email that they believed was a phishing email. Ask them how they identified it was phishing. Ask them if they know all of the given guidelines for identifying phishing emails. Smishing Smishing (or SMS phishing) is a variant of phishing that uses SMS text messages to lure the user into providing their personal details. The user is sent an SMS text message that either contains a link to a website, in the same way that phishing does, or it will ask the user to call a telephone number to resolve an urgent issue. The same advice can be followed for smishing as given for phishing. The user must question at all times any links that are sent from an unknown or suspicious user. It is advisable that if a user believes the message may be legitimate, to type in the domain name for the legitimate company website into their web browser, rather than following the link in the message. Users should block any numbers that they believe are suspicious to prevent any further risk of smishing from that number. Figure 5.3: Smishing. Vishing Vishing (or voice phishing) has the same aim as phishing, to obtain a user's personal details. The user receives a telephone call that could either be an automated system or could be a real person. An automated voice could speak to the user and advise them that an issue has occurred, such as there has been suspicious activity regarding their bank account. The user may then be asked to call another number, or just to simply press a digit and be directed to another automated system. This system will ask them to provide their bank account details to resolve the issue. The bank account details have then been obtained by the unauthorised user and can be used to commit a crime against the user. The automated system could be replaced by a real person who will try to do the same thing. They will try to convince the user that there has been an issue with an account they have and to provide the log-in details or PIN for the account to verify who they are so the issue can be resolved. The precaution to take for vishing is that no company will ever call you and ask you to provide any log-in details or PIN details over the telephone. They may ask you to provide other personal information, and if you are in doubt that the person on the other end of the phone is legitimate, it is always advisable to put the phone down and call the company back on a legitimate number that you may already know or can obtain. Figure 5.4: Vishing. Pharming Pharming is when an unauthorised user installs malicious code on a person's hard drive or server. The malicious code is designed to redirect a user to a fake website when they type in the address of a legitimate one. The fake website is designed to look like the legitimate one, to trick the user and make sure they are not aware that their request has been redirected. The user will then enter their personal details into the fake website, believing it is the legitimate one, and the unauthorised person will now have their personal data. A common technique used in pharming is called domain name server (DNS) cache poisoning. This technique exploits vulnerabilities in the DNS and diverts the internet traffic intended for a legitimate server toward a fake one instead. The unauthorised user needs to find a way to install the malicious code on the computer. They often hide the malicious code in an email attachment or link. When the user opens the email attachment or clicks the link, the malicious code is downloaded also. Figure 5.5: Pharming. The aim of a pharming attack is also to steal a user's personal data. A real-life example of pharming In 2007 50 different companies all over the world were subject to a pharming attack, these included PayPal, eBay, Barclays bank and American Express. Over a three-day period, hackers managed to infect over 1000 PCs a day with a malicious pharming code. When users who had been infected visited the websites of the different companies, they were redirected to a legitimate-looking version of the site that was designed to steal their personal data. The original email, containing the malicious code, was set up to look like a shocking news story. Users were encouraged to click a link in the email to find out more information. The code was downloaded when the user clicked the link. This was quite a sophisticated attack that required legitimate looking websites to be set up for a large number of companies. It is not known how much money the hackers were able to retrieve as a result. How to prevent pharming All of the guidelines to avoid being subjected to phishing are also relevant for recognising pharming. There are also several other precautions that can be taken to check for pharming attacks. These include: •Have a firewall installed and operational. A firewall monitors incoming and outgoing traffic from your computer. It checks this traffic against set criteria and will flag and stop any traffic that does not meet the criteria. A firewall could detect and block suspicious traffic, such as a malicious code trying to enter your system. •Have an anti-virus program installed that is designed to detect malicious pharming code. You need to scan your computer on a regular basis to check for any malicious code. It is advisable to set up an automatic scan on a daily basis at a time when your computer will normally be switched on. •Be aware when using public Wi-Fi connections. A hacker could look to directly access your computer and install the malicious code if you are connected to a public Wi-Fi connection. It is often advisable to use a VPN when using public Wi-Fi. This will help shield your internet activity and personal details from a hacker, making it more difficult for them to access your computer. Smishing can also be used as a form of pharming. A user is sent a link, that when they click is designed to download malware onto their mobile device. Therefore, it is advisable to have security software installed on your mobile and also scan it regularly to detect any presence of malware.Extradition (International law), Political Offence Exception, The Political Offense Exception (POE) serves as a critical safeguard in international extradition law, allowing a requested state to refuse the surrender of a fugitive if their alleged crime is of a "political character." These offenses are categorized into two types: **pure political offenses**, such as treason or espionage, which target the state's political organization without harming individuals; and **relative political offenses**, which are common crimes like robbery committed with a political motive. To distinguish between these, courts apply various judicial tests. For instance, the **Political Incidence Test** (established in *In re Castioni*) focuses on whether the act was incidental to a political disturbance, while the **Swiss Proportionality Test** weighs the political end against the criminal means used, denying the exception if the harm caused is disproportionate. In the context of **state succession**, the application of extradition treaties depends largely on the underlying legal theory adopted by the new sovereign. Under **Universal Succession**, the new state inherits all prior treaties and obligations, ensuring legal continuity. Conversely, the **Clean Slate (Tabula Rasa) Theory**, often seen in decolonization, suggests that new states are not bound by the predecessor’s treaties, potentially creating "safe havens" for fugitives until new agreements are reached. Practical examples include the **Dissolution of the USSR**, where Russia acted as the "continuator" state inheriting treaties, and the **Partition of India and Pakistan**, where a devolution agreement ensured that colonial-era treaties remained in effect. Despite its protective intent, the POE faces **modern erosion** to ensure that heinous acts do not go unpunished. Specific limitations, such as the **Attentat Clause**, explicitly exclude the assassination of a head of state from being considered a political offense. Similarly, modern treaties and conventions (like the *Meunier* ruling) exclude **terrorism**, hijacking, and crimes against humanity from the exception, viewing these acts as attacks on the general social order rather than legitimate political dissent. This evolution reflects a growing international consensus that the gravity of certain crimes—such as those seen in the **Rainbow Warrior case study**—far outweighs any claimed political motivation, shifting the legal focus toward human rights and the prevention of torture. Oliver Twist begins in a workhouse in 1830s England, in an unnamed village, where a young woman, revealed to be Oliver's mother, gives birth to her son and promptly dies. The boy, lucky to survive, is raised until the age of nine in a "farm" for young orphaned children, and then is sent to the local workhouse again, where he labors for a time, until his innocent request for more food so angers the house's board and beadle, Mr. Bumble, that the workhouse attempts to foist Oliver off as an apprentice to some worker in the villager. Oliver is eventually given over to a coffin-maker named Sowerberry. Oliver works as a "mute" mourner for Sowerberry, and must sleep at night among the coffins. After a fight with Noah, another of Sowerberry's apprentices, over Oliver's unwed mother (whom Noah insults), Oliver runs away to London, to make his fortune.
Near London, Oliver meets a well-dressed young boy who introduces himself as the Artful Dodger, a thief under the employ of a local crime boss named Fagin. The Dodger takes Oliver to Fagin, who promises to help Oliver but really holds him hostage, and forces him to go on a thieving mission with the Dodger and Bates, another young criminal. Bates and Dodger try to steal the handkerchief of an old man, who notices Oliver (an innocent onlooker), and believes him to be the thief. Oliver is caught and hauled to jail, only to be released into the old man Brownlow's company after Brownlow sees that Oliver had nothing to do with the crime. Brownlow nurses Oliver for a time and vows to educate him properly. But after sending Oliver out to return some books and money to a bookseller, Brownlow is shocked to find that Oliver does not return—Oliver has been picked up by Nancy, an associate of Fagin's, and taken back to the criminal gang.