CC100 Lecture 1 Flashcards
What is Criminology?
Scientific approach to study
criminal behaviour, Discipline is recent
Canada: mid-20th century
* Sociological
Hagan’s Pyramid
Consensus crimes
- 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
Hagan’s Pyramid
Conflict crimes
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
Defining Crime & Deviance – Relativity
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)
Political Perspective
-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
Sociological Perspective
Crime - antisocial act
Repression is necessary to preservation of the existing system of society
Offence against - human relations
Socialization process (conformity/criminal)
Psychological Perspective
Crime is maladjustment
Designated as a difficulty of the individual
Reacting to environment and difficulties
Legalistic Perspective
Crime - violation of the criminal laws (criminal code, national) - criminal record
Violation - of provincial, territorial, or municipal laws (by-laws) - no criminal record
Deviant behaviour
violate social norms (not always viewed as criminal)
Crime
violate law, but not always deviant
Criminal Laws
Inherited English common law (and Roman law - PQ)
Common Law
Traditions (decisions by judges)
Judges exercise discretion (w/detailed legal explanations)
Criminal Code (constrain those decisions)
Legal Statutes
criminal code of Canada and controlled drugs and substances act; Cannabis Act, YCJA (all federal legislations)
Components
Acts considered crime (also procedures, sentencing)
Criminal Code History
1892 (1st) and largely unchanged
The Law: Elements of the Law
Magna Carta (1215) [the Great Charter] - est principle all subject to the law
Specificity
Rules (procedural law): arrest, charges, rights, punishment, etc
Uniformity
same for all (extralegal factors should not influence)
Penal Sanctions
penalty to crime [fit crime]
Criminal prodecure
inherited legal system (old system)
Criminal Court
Prosecutor acts on behalf of the state (as victim) [from Norman Conquest (1066-1087, UK) - called them: Magistrate Court
Three Forms of Law
Civil: Contracts (between individuals eg family court; lawsuits)
Administrative: regulates - business activities
Criminal: against the state (defined objectively by punishment, in Canada)
Components of crime
-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)
Incomplete crimes
Criminal attempt (inchoate crimes) contemplated and unsuccessful
Traced to a specific incidence
Rex v Scofield (
Elements of a crime (legal)
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)
