Chapter 2

Question 1

What did the change from feudalism to capitalism in the 18th century mean for legal systems?

Answer 1

Move from laws molded to whatever powerful people wanted at a given time to a consistent and systematic system. Power of state become limited in its power over personal property and wealth.

Question 2

What is bijururalism? Does Canada Have it?

Answer 2

Coexistence of two fundamental legal traditions, common law and civil law. Yes, Quebec is still governed by civil law.

Question 3

What orientation is classical theory?

Answer 3

Geometric circle orientation: society is harmonious and we all agree on what is right and wrong. If someone does not they must be removed!

Question 4

Does classical theory believe in re-integration?

Answer 4

Yes! Classical theory believes that those exiled from the society should eventually be re-indoctrinated with the values of the society so harmony can be maintained.

Question 5

What viewpoint is classical theory?

Answer 5

Conservative. Status quo is good and crime deserves punishment and separation.

Question 6

Where did the classical perspective first emerge?

Answer 6

Magna Carta in 1215, King John the 2nd was like oh wait maybe people deserve rights.

Question 7

What were Cesare Beccaria’s critiques of the existing justice system?

Answer 7

Too arbitrary, punishments used as vengeance.

Question 8

What were Cesare Beccaria’s thoughts on how punishment should be?

Answer 8

Not too severe, not to light.
Swiftness and certainty are more effective than severity.
Punishment not vengeance.

Question 9

What did Beccaria want for law and the governing of it?

Answer 9

He wanted law to be standardized and written down, governed by government. Goal should be for maximum happiness for maximum amount of people.

Question 10

What was Jeremy Bentham’s theory?

Answer 10

He developed off of Beccaria and said that punishment should be based on a pleasure-pain principle. Punishment should just slightly outweigh the positive outcome of the crime and it less important than prevention.

Question 11

What are the basic concepts of classical theory?

Answer 11

Capacity for reason, free will, everyone has equal ability to act within reason, equal protection of rights, moral consensus, government control is worth it for protection of rights.

Question 12

What is the fundamental purpose of the law in classical theory?

Answer 12

Protect individual rights and allow free choice as long as there is no social harm.

Question 13

What laws do the territorial/provincial govs have control over?

Answer 13

Regulatory laws (health and education).

Question 14

What is the rule of the law?

Answer 14

The legal manifestation of the social contract between the government and individuals.

Question 15

What is a general deterrence? Provide an example.

Answer 15

Punishment that can apply to anyone when they break a law. Ex. fine, incarceration, community service.

Question 16

What is a specific deterrence? Provide an example.

Answer 16

Control put in place to prevent an individual for committing a specific offence (usually for people who have already committed a crime). Ex. restraining order, license removal, house arrest, cease and desist.

Question 17

Why don’t these deterrences work?

Answer 17

Not everyone is rational/responsible, not implemented the desired way (not swift or certain), and sometimes crime is the rational thing to do.

Question 18

What aspect of criminal activity is the classical system focused on?

Answer 18

The criminal act and not the context in which it occured.

Question 19

What does it want the justice system to be?

Answer 19

Fair, rational and universally applied.

Question 20

How does it want law to be?

Answer 20

Simple, codified and easily understandable.

Question 21

What is the cause of crime according to classical theory?

Answer 21

Individual (rational) choice where benefit of the crime outweighs the punishment.

Question 22

What is the nature of an offender according to classical theory?

Answer 22

Anyone regardless of class, selfish, with an equal capacity to reason.

Question 23

What are some characteristics of the operation of the justice system according to classical theory?

Answer 23

Each violation must be treated alike, punishments/sentences should be equal across the same offence, no discretion.

Question 24

What is the “Just Deserts” approach? What does it call for?

Answer 24

It is a contemporary example of classical theory. It says that:
- only a person found guilty of a crime should and MUST be punished,
- Punishment must not be too severe or not severe enough based on the gravity of the offence

Question 25

What did Bill C-2 introduce into legislation in 2008?

Answer 25

Mandatory minimum sentences, bail provisions for serious gun crimes, protection for youth from sexual predators, rigorous monitoring to prevent reoffending, stronger penalties for impaired driving.

Question 26

What was Bill C-13 in 2015? What was it influenced by?

Answer 26

Protected people from nonconsensual distribution of intimate images and cyberbullying. Influenced by Just Deserts.

Question 27

What were Webster and Doob’s findings?

Answer 27

Harsher prison sentences don’t deter crime, mandatory minimum sentences don’t lower recidivism rates, deterrents don’t work when people believe they won’t get caught.

Question 28

What are some critiques of classical theory?

Answer 28

Doesn’t consider context of offender (child, disabled, mentally ill), does not consider levels of mens rea (guilty mind i.e. level of pre-meditation), neglects social inequalities (poverty, misunderstanding of law, lack of access to good legal counsel.