Chapter 1- Crime and Criminology Flashcards
What the elements of Classical Criminology theory
- People have free will to choose criminal or lawful behaviour
- Criminal solutions may be more attractive than lawful ones
- Choice of criminal solution may be controlled by fear of punishment
- More certain, swift and severe the punishment, more likely to control criminal behaviour
What are the elements of Positivist Criminology
- Behaviour function of external forces
2. Reliance on scientific method
Sociological Criminolgy
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What if Conflict Criminology
Conflict theory
Economic system is responbile for social conditions that support high crime rates
behaviour shaped by interpersonal conflict
Slide 17 is important
what are the six components of the Criminological enterprise
- Criminal stats - measuring amount of, and trends in criminal activity
- Sociology of law
a. role of social force in shaping criminal law
b. role of criminal law in shaping society - theory construction
- psychological view
- biological view
- sociologist view - criminal behaviour systems - research on specific criminal types and patterns
- penology - correction and control of criminal offenders
- rehabilitation
- Social control policy - victimology - role of the victim in criminal process
Crime and Criminal Law
Explains Precedents and Common law
Precedent- when the same rule is applied in number of cases
Common law- precedents commonly applied in similar cases
Common Law Aspects
Mala in se- inherently evil and depraved
Mala prohibitum - crimes defined by parliament, reflected social conditions
What are the 2 types of Criminal Law Offences
- Indictable Offences (serious)
2. Summary offences (less serious)
What is Deviance?
Behaviour that departs from social norm, but not criminal
What is a crime?
deviant behaviour that breaks a law
What is a criminal
A person who commits an act that violates criminal law
What the elements of a Crime
Actus Reus - the guilty act (actions must be voluntary)
Mens rea- the guilty mind (intent
for most part, both must be present to commit a crime (Absolute Liability Crimes don’t require mens rea)
What elements does a successful criminal defense have?
- Deny actus reus - claim they have been falsely accused
2. Deny mens rea - lacks intent needed to be guilty