CC100 Lecture 1

Question 1

What is Criminology?

Answer 1

Scientific approach to study
criminal behaviour, Discipline is recent
Canada: mid-20th century
* Sociological

Question 2

Hagan’s Pyramid
Consensus crimes

Answer 2

• Most visible, predatory acts [as more serious/on purpose]
• mala in se: they are wrong in themselves
  widespread agreement - they are wrong Ex: murder, assault, rape

Question 3

Hagan’s Pyramid
Conflict crimes

Answer 3

Controversial crimes
* mala prohibita: they are wrong by prohibition
* Conflict: public divided [subjective]
* Morality (as guide)
* Enforcement: over-criminalized and more difficult to enforce
Ex: Prostitution, drug use, vagrancy, euthanasia

Question 4

Defining Crime & Deviance – Relativity

Answer 4

Cultural - differs across cultures (deviance/crime)
Historical - change over time
Contextual - context shapes our perception (actors/situation)
Gender - dependent on the actors gender (women vs men treated different for same acts)

Question 5

Political Perspective

Answer 5

-Defines crime in power structures
-Built into law - by powerful groups
-Label undesirable forms of behaviour as illegal (protects certain interest)
-Criminal laws - not in relation to notions of right/wrong

Question 6

Sociological Perspective

Answer 6

Crime - antisocial act
Repression is necessary to preservation of the existing system of society
Offence against - human relations
Socialization process (conformity/criminal)

Question 7

Psychological Perspective

Answer 7

Crime is maladjustment
Designated as a difficulty of the individual
Reacting to environment and difficulties

Question 8

Legalistic Perspective

Answer 8

Crime - violation of the criminal laws (criminal code, national) - criminal record
Violation - of provincial, territorial, or municipal laws (by-laws) - no criminal record

Question 9

Deviant behaviour

Answer 9

violate social norms (not always viewed as criminal)

Question 10

Crime

Answer 10

violate law, but not always deviant

Question 11

Criminal Laws

Answer 11

Inherited English common law (and Roman law - PQ)

Question 12

Common Law

Answer 12

Traditions (decisions by judges)
Judges exercise discretion (w/detailed legal explanations)
Criminal Code (constrain those decisions)

Question 13

Legal Statutes

Answer 13

criminal code of Canada and controlled drugs and substances act; Cannabis Act, YCJA (all federal legislations)

Question 14

Components

Answer 14

Acts considered crime (also procedures, sentencing)

Question 15

Criminal Code History

Answer 15

1892 (1st) and largely unchanged

Question 16

The Law: Elements of the Law

Answer 16

Magna Carta (1215) [the Great Charter] - est principle all subject to the law

Question 17

Specificity

Answer 17

Rules (procedural law): arrest, charges, rights, punishment, etc

Question 18

Uniformity

Answer 18

same for all (extralegal factors should not influence)

Question 19

Penal Sanctions

Answer 19

penalty to crime [fit crime]

Question 20

Criminal prodecure

Answer 20

inherited legal system (old system)

Question 21

Criminal Court

Answer 21

Prosecutor acts on behalf of the state (as victim) [from Norman Conquest (1066-1087, UK) - called them: Magistrate Court

Question 22

Three Forms of Law

Answer 22

Civil: Contracts (between individuals eg family court; lawsuits)
Administrative: regulates - business activities
Criminal: against the state (defined objectively by punishment, in Canada)

Question 23

Components of crime

Answer 23

-Actus reus (physical element/act or attempted act
-Mens rea (guilty mind) - about intent and mental culpability
-Both required (at same time)
-Intent vs motive (court doesn’t care why; only your intent for act)

Question 24

Incomplete crimes

Answer 24

Criminal attempt (inchoate crimes) contemplated and unsuccessful
Traced to a specific incidence
Rex v Scofield (

Question 25

Elements of a crime (legal)

Answer 25

Other types of liability:
Commission: doing something (not allowed)
Omission: fail to do (required)

mens rea and actus reus not required (in court): possession offences (and no presumption of innocence)