Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

SOC225 - Criminology > CHAPTER 1 and 2 > Flashcards

CHAPTER 1 and 2 Flashcards

1
Q

rule of Law

A

the law is supreme over any body of government or individual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

common law

A
  • judges follow decisions or precedents made by other courts
  • judge made law that sought uniformity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

stare decisis

A
  • courts are bound by their prior decisions and the decisions of higher courts
  • make decisions in alignment with previous courts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

precedent

A
  • basing decisions about current cases on the outcomes of prior judgments
  • earlier events as an example
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

substantive law

A
  • laws that govern how members of society have to behave
  • define rights and obligations
  • crimes and punishments
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

procedural law

A

rules that determine the enforcement of rights or due process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

fundamental justice

A
  • principle that people who act reasonably may not be punished unless there is proof they did something wrong
  • laws for fairness
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

habeas corpus

A
  • protects against unlawful and indefinite imprisonment
  • the right person being detained
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

crime of omission

A
  • an act where the accused has failed to take some action
  • failure to perform legal duty when they can
  • e.g. social worker failing to report child abuse
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

victimless crimes

A
  • acts that are legally defined as crimes even though there is no direct victim
  • e.g. illegal gambling
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

intent

A
  • the criminal intention
  • “guilty mind” in mens rea
  • meant to commit harm and did not care about the outcome
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

negligence

A

an act that shows disregard for the well-being of others

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

entrapment

A

police lure individual into carrying out an offence they would not otherwise do

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

reckless behaviour

A

when people act in a manner that they know is dangerous or risky

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

stand your ground laws

A
  • a law that gives U.S. residents the right to use force to protect their lives and property
  • considered excessive and illegal in Canada
  • aka castle doctrine
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

age defence

A

considers immaturity and recognizes that youth under 12 years can’t be held criminally responsible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

automatism

A
  • involuntary act committed in a state of impaired consciousness/unconsciousness and lacks the intent to commit a crime
  • not capable of mens rea
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

hate crime

A

prejudice motivated crime, targeting a victim based on race, ethnicity, gender, sexual orientation, disability, etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

actus rea

A
  • the guilty act
  • must prove conduct, circumstance and consequence to be found guilty
  • conduct: it was YOU that committed the crime voluntarily
  • circumstance: actions were unwanted by the victim
  • consequence: was damage/harm done
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

mens rea

A
  • the “guilty mind”
  • necessary state of mind before being found guilty
  • knew the crime was wrong
  • had mental intent
  • subjective and objective mens rea
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

subjective mens rea

A
  • deliberate: in your actions/intending to bring about the consequences of an act (protects people with dementia)
  • realization: that your actions were wrong and/or harmful, but you did it anyway
  • willfully blind: conscious avoidance, chose not to know
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

objective mens rea

A
  • the reasonable person test;
  • would 50% or more Canadians/ a reasonable person know this is a crime and not do it
  • according to the judge
  • gives the corn prosector a break if they cant prove wilful blindness
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Three main defence strategies

A
  1. Alibis
  2. justification defenses
  3. excuse defences
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

justification defences

A

when the accused admits to committing an offence but the act was justified under the circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

excuse defences

A

based on the argument that ones criminal conduct can be excused because the accused could not form the intent to commit a crime

26
Q

what are the 5 justification defences?

A
  1. self-defence
  2. provocation
  3. consent
  4. necessity
  5. duress
27
Q

self-defence

A

used force to defend yourself or someone else and that force is only slightly more force than your attacker, for means of escape

28
Q

provocation

A
  • you were provoked into doing a crime
  • only used in heinous crimes like reducing a 1st degree murder charge to manslaughter
  • any reasonable person would have reacted the same way to the “insult” and committed to offence
  • must be an immediate reaction
29
Q

consent

A
  • contend that the victim was a willing party in the offence
  • most commonly used for forms of assault
30
Q

necessity

A
  • claim that the illegal act was committed in order to prevent more serious harm
  • commit and evil to prevent an even bigger evil
  • e.g. speeding to the hospital for an emergency
31
Q

duress

A
  • claim that their actions were not voluntary and that they acted in response to being threatened by another person
  • the threat must be huge and immediate
  • e.g. “go sell these drugs for me, or i’ll take this knife and kill you right now”
  • difficult cause people few threats differently
32
Q

what are the 3 excuse defences?

A
  1. age
  2. mistake of fact
  3. NCRMD
33
Q

age defence

A
  • no one under 12 can be charged with a criminal offence
  • only 0.8% of crime is committed by someone under the age of 12 (typically minor thefts/petty crime)
34
Q

mistake of fact

A
  • HONEST mistake
  • mistake of fact is not ignorance of the law
  • not used often because it’s difficult to prove
35
Q

NCRMD

A
  • AT THE MOMENT OF YOUR OFFENCE, did your mental infliction/illness restrict you from understanding what you were doing and the consequences of your behaviour
36
Q

uniform crime reporting system (UCR)

A

most countries have official crime-reporting systems based on reports of crime by the police

37
Q

Canadian centre for justice statistics

A

the agency responsible for gathering and analyzing the reports submitted by police forces from across the country

38
Q

police reported crime severity index (PRCSI)

A

a measure where more serious crimes in canada are assigned higher weights and less serious offences lower weights

39
Q

sexual assault

A
  • any form of sexual contact without voluntary consent
  • 3 levels
40
Q

sexual assault level 1

A

acts involving the least amount of physical injury and include acts short of sexual penetration, such as unwanted sexual touching

41
Q

sexual assault level 2

A

must involve a weapon, or the threat of a weapon or the result of bodily harm to the victim

42
Q

sexual assault level 3

A

aggravated sexual assault, results in the wounding, maiming, disfiguring or endangering of the life oof the victim

43
Q

youth criminal justice act (YCJA)

A

in 2003, this act replaced the Young Offenders Act as the legislation defining and dealing with crime committed by persons from 12-17 years of age

44
Q

self-report surveys

A
  • questionnaires that seek anonymous reports from respondents about offences they have committed over a elected period of time
  • seek information about the demographic characteristics of participants
  • explanations about causes of crime can be developed
  • cant talk about murder, SA, terrorism or anything involving children
45
Q

reliability

A

the extent to which a measurement procedure produces the same results on repeated trials

46
Q

validity

A

the accuracy of a measure in relation to the concept that one is attempting to measure

47
Q

general social survey (GSS)

A
  • a large population survey ongoing in Canada since 1985
  • discusses issues including family, workalike, education, criminal victimization, use of information technology, etc
48
Q

victimization survey

A
  • what you have been victim of
  • useful in uncovering unreported crimes
  • mutsbe able to accurately place the event and experience
49
Q

observational accounts

A

researchers interact with individuals on a face to face basis in a natural setting to gather accounts of crime within the context where crime or victimization occurs

50
Q

crime prevention through environmental design (CPTED)

A
  • the premise that the proper design of the physical environment can be effective in preventing crime
  • e.g. installing lighting in outdoor areas that are frequented by women during dark hours
51
Q

homicide

A

the criminal code of canada classifies homicide as first-degree murder, second degree murder, manslaughter and infanticide

52
Q

first degree murder

A
  • refers to homicide that is planned and deliberate
  • also found guilty of first degree murder for killing an on-duty police or correctional officer or murder committed during the course of other crimes like a hijacking, kidnapping or SA etc
  • life imprisonment with the possibility of parole after serving 25 years
53
Q

second degree murder

A
  • all murder that is not first degree murder
  • most likely a murder with a lower degree of intent legally attached to it
  • life imprisonment with the possibility for parole after serving 10 years
54
Q

manslaughter

A

a murder committed in the heat of passion or by sudden provocation

55
Q

infanticide

A
  • a female who by wilful act of omission causes the death of her newly born child
  • the child must be under 12 months
  • the mother must not have fully recovered Erin the effects of childbirth (determined by a psychiatrist)
56
Q

democritus

A

all events in life are predetermined, meaning on is not responsible for their decisions

57
Q

lucias seneca

A

if one is virtuous, one will find pleasure

58
Q

thomas hobbes

A
  • hedonism: the natural state if self-interest of a person that guides actions unless acted on by a stronger force
  • social contract: the idea that to live un a society people have to give up some freedoms to society
59
Q

descartes

A

specific and general deterrence

60
Q

john locke

A

free will

SOC225 - Criminology (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions