Chapter 9 Definitions Flashcards
Utilitarianism
A philosophical theory stating that laws should based on what is practical and realistic rather than on an idealistic moral view.
Positivist
Focused on biological and psychological factors to explain criminal behaviour.
Anomie Theory
A sociological hypothesis arguing that criminal behaviour is more likely to thrive in an anonymous urban setting than in a more traditional rural setting.
Ecological School
A sociological theory arguing that poor or transient communities are more likely to condone criminal activities than more affluent neighbourhoods.
Social Conflict Theories
Hypotheses arguing that criminal behaviour is more likely in a capitalist society because of increased competition for scarce resources and wealth.
Consensus Theorists
People who assume there is a universal or communal definition of right and wrong and that our criminal law reflects that consensus
Rational Choice Theory
Many criminals carefully calculate the costs and benefits of engaging in criminal activity.
Deterrence Theory
The sociological hypothesis that if the risks outweigh the benefits and punishment is almost certain, most rational people will not knowingly break the law.
Strain Theory
The idea that people commit criminal acts out of desperation or frustration at being unable to fulfill wants or needs legally.
Socialization Theory
The idea that nurture is more influential in criminal behaviour than nature (genetics)
Biological Trait Theory
The idea that individuals can be predisposed to criminal activity due to genetic factors
Neurophysiological Theorists
People who subscribe to the view that certain neurological dysfunctions and genetic defects are connected to some types of criminal behaviour
Vigilantism
A system whereby individuals take the law into their own hands and engage in acts of personal revenge for perceived injuries
Legal Paternalism
The idea that the government, functioning as a father figure, takes responsibility for the welfare of citizens by enacting laws that prohibit people from harming themselves
Quasi-Criminal Offenses
Violations that are enforced by the courts and may result in substantial penalties but are not “crimes”
Actus Reus
A Latin term meaning “guilty act” that refers to the physical aspects of a crime
Mens Rea
The Latin term meaning “guilty mind” that refers to the mental element of a crime, which may be shown by intent, knowledge, recklessness or willful blindness
General Intent
The goal of committing an illegal act, with no illegal purpose beyond that act
Specific Intent
The mental purpose to accomplish a specific act prohibited by law; the defendant must intend not only to commit the act charged, but also to violate the law.
Intent
The state of mind in which a person seeks to accomplish an act or chooses not to accomplish an act.
Motive
The reason why a person acts or fails to act.
Doctrine of Transferred Intent
A principle of law whereby an illegal, unintended act resulting from an intent to commit a crime is also an offense
Recklessness
Behaviour that is careless and without regard for the consequences
Willful Blindness
A situation in which the accused suspects a harmful or criminal outcome but chooses to avoid considering the consequences
Subjective Standard
A measure of comparison whereby the Crown must prove that the accused actually knew the consequences of his or her actions
Objective Standard
A measure of comparison with what a reasonable person would do, which is used to determine whether an accused ought to have been able to foresee the consequences of his or her actions.
Strict Liability
The concept that there can be responsibility without fault (e.g. illegal dumping of toxic waste); strict liability offences do not require intent and may endanger public welfare
Due Diligence
The defense that a defendant acted as any reasonable person would under the circumstances
Absolute Liability
The concept that there is no defense, fault is not an issue, and the accused is convicted based on the guilty act.
Indictable Offenses
More serious criminal violations (e.g. murder, arson, aggravated assault) as distinguished from summary conviction offenses
Summary Conviction Offenses
Criminal violations that are minor in nature (e.g. causing a disturbance) are tried by justices or provincial court judges and have consequences much less severe than indictable offenses
Hybrid Offenses
Violations for which the prosecution has a choice to proceed by way of indictment or summary conviction offense; also called a “dual procedure offense.”
Stalking
Following or pursuing a person persistently, which is an offense under the Criminal Code
Criminal Harassment
The persistent insulting, taunting or challenging of a person, which is an offense under the Criminal Code
