Chapter 9 Definitions

Question 1

Utilitarianism

Answer 1

A philosophical theory stating that laws should based on what is practical and realistic rather than on an idealistic moral view.

Question 2

Positivist

Answer 2

Focused on biological and psychological factors to explain criminal behaviour.

Question 3

Anomie Theory

Answer 3

A sociological hypothesis arguing that criminal behaviour is more likely to thrive in an anonymous urban setting than in a more traditional rural setting.

Question 4

Ecological School

Answer 4

A sociological theory arguing that poor or transient communities are more likely to condone criminal activities than more affluent neighbourhoods.

Question 5

Social Conflict Theories

Answer 5

Hypotheses arguing that criminal behaviour is more likely in a capitalist society because of increased competition for scarce resources and wealth.

Question 6

Consensus Theorists

Answer 6

People who assume there is a universal or communal definition of right and wrong and that our criminal law reflects that consensus

Question 7

Rational Choice Theory

Answer 7

Many criminals carefully calculate the costs and benefits of engaging in criminal activity.

Question 8

Deterrence Theory

Answer 8

The sociological hypothesis that if the risks outweigh the benefits and punishment is almost certain, most rational people will not knowingly break the law.

Question 9

Strain Theory

Answer 9

The idea that people commit criminal acts out of desperation or frustration at being unable to fulfill wants or needs legally.

Question 10

Socialization Theory

Answer 10

The idea that nurture is more influential in criminal behaviour than nature (genetics)

Question 11

Biological Trait Theory

Answer 11

The idea that individuals can be predisposed to criminal activity due to genetic factors

Question 12

Neurophysiological Theorists

Answer 12

People who subscribe to the view that certain neurological dysfunctions and genetic defects are connected to some types of criminal behaviour

Question 13

Vigilantism

Answer 13

A system whereby individuals take the law into their own hands and engage in acts of personal revenge for perceived injuries

Question 14

Legal Paternalism

Answer 14

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

Question 15

Quasi-Criminal Offenses

Answer 15

Violations that are enforced by the courts and may result in substantial penalties but are not “crimes”

Question 16

Actus Reus

Answer 16

A Latin term meaning “guilty act” that refers to the physical aspects of a crime

Question 17

Mens Rea

Answer 17

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

Question 18

General Intent

Answer 18

The goal of committing an illegal act, with no illegal purpose beyond that act

Question 19

Specific Intent

Answer 19

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.

Question 20

Intent

Answer 20

The state of mind in which a person seeks to accomplish an act or chooses not to accomplish an act.

Question 21

Motive

Answer 21

The reason why a person acts or fails to act.

Question 22

Doctrine of Transferred Intent

Answer 22

A principle of law whereby an illegal, unintended act resulting from an intent to commit a crime is also an offense

Question 23

Recklessness

Answer 23

Behaviour that is careless and without regard for the consequences

Question 24

Willful Blindness

Answer 24

A situation in which the accused suspects a harmful or criminal outcome but chooses to avoid considering the consequences

Question 25

Subjective Standard

Answer 25

A measure of comparison whereby the Crown must prove that the accused actually knew the consequences of his or her actions

Question 26

Objective Standard

Answer 26

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.

Question 27

Strict Liability

Answer 27

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

Question 28

Due Diligence

Answer 28

The defense that a defendant acted as any reasonable person would under the circumstances

Question 29

Absolute Liability

Answer 29

The concept that there is no defense, fault is not an issue, and the accused is convicted based on the guilty act.

Question 30

Indictable Offenses

Answer 30

More serious criminal violations (e.g. murder, arson, aggravated assault) as distinguished from summary conviction offenses

Question 31

Summary Conviction Offenses

Answer 31

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

Question 32

Hybrid Offenses

Answer 32

Violations for which the prosecution has a choice to proceed by way of indictment or summary conviction offense; also called a “dual procedure offense.”

Question 33

Stalking

Answer 33

Following or pursuing a person persistently, which is an offense under the Criminal Code

Question 34

Criminal Harassment

Answer 34

The persistent insulting, taunting or challenging of a person, which is an offense under the Criminal Code