CRIM 101 Chapters 1-8 Flashcards
define what crime is
is an act punishable by law
define criminology
it is the scientific study of crime
describe criminology as a discipline
- recently new development and didn’t become established in Canada until mid 20th century
- first appeared in 1951 at UBC
what law did the Canadian government pass in 1940’s and why this law no longer exists
- made it illegal to make, printt, publish or distribute or sell a crime comic books
- this law was passed as it was thought that it would decrease psychopathy amongst young people
- even though today Section 163 places limits on printing the particular law regarding crime comic books no longer does
by age 18 on average how much violent acts and murders on tv has a child seen?
200,000 violent acts
16,000 murders
what was concluded about medias effect on violence through the 2002 experiment conducted involving juvenile offenders who were incarcerated in an adult correction facility?
- found that 1/3 of juvenile offenders had considered the possibility of a copycat crime
- 1/4 actually attempted a copycat crime
define cultural criminiology
- subdisicipline of criminology
- explores links between culture crime and crime control in contemporary life
- explores the cultural meaning of media violence and emphasizes the significance of an active audience
define what an active audience is
are people who don’t consume media messages passively
-they actually care
define the production of media
- journalists often exclude other stories if crime is present
- often look for a “problem frame”
define what a problem frame is and how it is used within the media
- is a narrative that is easily understood, focuses on something “bad” and will effect a wide variety of people, and calls out for a solution that is to be provided by the police or government
ex) shooting in Columbine school showed that horror in the community and identified violent video games as “the cause” so in return the government responded by legislating label and content warnings for media content
what is a moral panic and who studied this relationship?
- defined as what occurs when there is a gap between peoples perceptions of a problem and the “fact” of the problem
- Stanley Cohen explored the relationship between media and moral panics in 1972 book, Folk Devils and Moral Panics The Origins of the Mods and Rockers
- Cohen identified that the media is a crucial factor in the stirring up of moral panics
- according to Cohen, when there is no news to report the media actively searches social ‘problems’ to sensationalize
what is an example of a moral panic that occurred in the UK?
- ‘new crime’ of ‘mugging’ became subject to intense media coverage
- in light of the reporting of more muggings ore police recourses were devoted to catching ‘muggers’ resulting in increased arrests
- but once politcians reported that muggins had decresed fewer police resources were needed
- NO evidence proved that the muggings had actually increased or even changed during the entire “war on mugging”
what is the “bad guy”
- usually racial minorities
- should be feared
- black offenders are usually portrayed as more aggressive
- and viewers cause social consequences by judging this individual on the whole stereotype
what is a “good guy”
-generally the police
-always initiating heroic acts
- police are seen as having the ability to solve our problems quickly, catching criminals as well as maintaining law and order
^this creates an unrealistic view of law enforcement
describe the “ideal victim”
- comes from a “majority status” background
- generally preferred to be a white female-victimized by an ethnic male
- and victims from ethnic minorities or socially marginalized groups are often ignored by the media
- and if they are not ignored the could be subject to the blame and subject to deviant behaviour
- characteristics: weak, female, sick, young/or very old, engaging in their daily routine
describe the CSI Effect
- portrays police agencies as having endless resources, and elaborate methods of forensic testing that produces instant results
- refers to the notion that a jury now expects to see the level of forensic evidence as shown in the tv shows
- causes a major disconnect between the meaning of crime within in the criminal justice system
define deviance
behaviour that differs from accepted social norms and may include acts that violate specific rules, sexual behvaiour or non-criminal acts that challenge accepted values
what is the history of the emergence of criminology?
- late 19th century urbanization and industrialization were contributors to new categories of crime
- culture was becoming more urban and global
- role of women becoming more significant in work force
what other disciplines is criminology drawn from?
-sociology, psychology, law, geography, history, political sciences, and economics
are crime rates in Canada decreasing, increasing or being swapped describe?
- reports of homicides are reliable as the actually number of homicides that occur
- but reports on thefts, assaults are dependent upon willingness of victim
- SWAP as assault rates have increased and homicide rates have decreased but this may not be due to offenders but rather an increase in medical car
define qualitative study of crime?
is study of phenomena based not on measurement by and exploration of the reasons for human behaviour and the qualities of subjective experience
-lawyers and sociologists are more likely to use this method
define what quantitative study of crime is
relates to the measurement of something
- quantity rather than qualities
- pyschologists and economists are more likely to use these methods
define stigmatization
refers to the manner in which individuals/groups who do not conform to society’s rules can be regarded as deviant or social outcasts or folk devils
what is primary deviance
occurs when individual or group engages is disapproved behaviour
-dont necessarily see their behaviour as deviant or criminal
-
what is secondary deviance
- results from social reaction to primary deviance
- individuals might come to believe themselves as deviant or criminal
what are the 5 things for identifying moral panic and who came up with this?
- Groode and Ben Yehuda
1. concern
2. hostility
3. consensus
4. disproportionality
5. volatility
define criminal law
- entire set of principles, procedures, and rules established y governments through the courts and criminal legislation in order to ensure public safety
- includes definitions of crimes, criminal responsibility, punishments, and defences to criminal change
define prohibition
a law forbidding a specific act
how is crim prosecuted?
-through the state as it is considered to be a violation of public orer rather than an infringement on the rights of another citizen
describe some factors that combined to create what we use today as the modern system of law:
- emergence of the governmetn as a meaningful source of authority and mechanism of collective action-this eventually displacing the church
- growth of professional state police services
- increasing complexity of social interactions
define a penal law
law that imposes punishment
define common law
is a body of law defined primarily through successive decisions of judges as opposed through legislation
when did canada adopt its own Criminal Code? and where did it come from?
- 1892
- concepts came from English Common Law
By terms of Canada’s Constitution Act, 1867, what does the Federal Parliament determine
they determine what acts are criminal and what punishments apply, as well as the procedures associated with investigating and prosecuting crime
define a summary offence
relatively minor offence, punishable by a fine or a maximum jail sentence of 6 months
-this is known as a misdemeanour
define an indictable offence
serious offence, such as murder or rape which carries a severe penalty
- known as felonies
- majority of felonies may also result in summary convictions = known as hybrid offences
who is the Provincial Superior Courts administered by and duties?
- administered by the provinces
- judges are appointed federally
- tasked with the adjunction of the most serious matters, civil and criminal
- have their own powers
- independent as they are not created by Parliament
- is structured in two ways: 1. trial court 2. Court of Appeal
Facts about Provincial Courts
- every province has their own
- sometimes referred to as the “inferior court”
- judges are appointed by provincial government
- generally have less jurisdiction over matters considered to be less important than these in superior courts
define civil law
is a system in which the law is primarily set out in legislation
- judges discretion is limited to interpretation and application of these written provisions
- common law crimes were abolished at the time of consolidation of the Criminal Code in 1935
what is the criminal justice process?
- crime is investigated by police
- when enough sufficient evidence is gathered to support the charge the provide a report to the public prosecutors office
- who then approves the charge based on an assessment of whether the evidence will support a conviction and whether prosecution is in the public interest
define indictment
is a formal written accusation usually reserved for more serious crimes
is innocence a possible verdict in Canada?
no either guilty or not guilty
where are sentences of 2 or less years served?
in provincial correctional institutions
where are sentences of 2 or more years served?
in federal penitentiaries
when was the death penalty abolished in Canada ?
1976
how do you obtain criminal conviction?
- Crown Prosecutor must prove beyond reasonable doubt the existence of 2 main elements:
1. Actus Reus
2. Mens Rea
define Actus Reus
is a criminal act or personal conduct relating to crime
define Mens Rea
is the intent to commit a criminal act
what is duress?
is the unlawful threat or coercion used by one person to induce another to preform some act against their will
define deterrence
principle of sentencing or punishment intended to discourage citizens from offending or reoffending
define denunciation
is a formal expression that conduct is unacceptable
define retribution
punishment for transgressions
describe what the rule of law is
- principle that governments individuals and corporations must follow the law
- increasing popular demand to establish fundamental rights in the law became 1 of the forces that drove the development of constitutionalism
- ex) Magna Cartain in 1215- gave individuals inalienable right to minimum standard of due process
define habeas corpus
is the right of an accused to appear before court and to be detained without just cause
Criminal Law vs. Civil Law
CRIMINAL LAW
- violation of public order prosecuted by the “state”
- finding of guilt or innocence
- burden of proof: beyond reasonable doubt
- results in criminal penalties
CIVIL LAW
- infringement of contract, or rights of another citizen
- party who feels “wronged” brings civil suit
- burden of proof: balance of probabilities
- results in an award of damage
when is a jury brought in?
when a sentence is 5 years or longer and therefore if a sentence is 5 years or less the judge decidesa
define a Federal Court?
- has trial and an appeal division
- doesn’t hear Criminal Code cases- rather copyright, citizenship, income tax evasion types of cases
- decisions by trial divison may be appealed
define hybrid offences
- majority of crime in Canada falls under this category
- can proceed by way of either summary conviction or indictment
- Crown Prosecutor decides this
- dependent upon evidence presented
what was the Gladue Decision
- decision by the Supreme Court of Canada in 1999
- section 718.2 of Criminal Code make sit mandatory for sentencing judges to consider unique circumstances of Aboriginal offenders
- ^designed to ameliorate the issue of overrepresentation of Aboriginal peoples in prison
define plea bargaining?
is when the accused gives up right to make Crown prove its case and the Crown agrees to either withdraw some charges, reduce lesser charge or proceed by way of summary conviction
what is a “Come Stabuli” and where did it emerge from
- England didnt have regular police force until after the Norman Conquest in the 11th century
- :is a mounted horseman who led the posse (an officer of the stable
what is a constable
-police officer of the lowest rank
what is the Shire Reeve
- aka sheriff
- was the top of law enforcement official in the country who was exchange of the shire
policing in Canada:
- provinces are responsible for policing within their own provincial jurisdiction
- provinces may form their own provincial police force
- municipalities are responsible for policing in their own municipal jurisdiction and can form their own municipal police department
what is an example of a constitutional law
- 1982 Charter of rights and freedoms
- restricted power of the state and protects rights of individuals
who is R.V. Sharpe?
-in 2001 upheld law making it illegal to posses child pornography, stating that freedom of expression is not absolute
describe what Mala in Se means
literally means evil or bad in itself
ex)homicide
Describe Mala Prohibita
acts that are socially not ok
define probation
- is a sentence in itself, ordered by judge at time of hearing
- offender cannot apply for probation
- if offender fails to comply with conditions of probation they can be charged with Breach of Probation ( a seperate offence under the criminal code
define parole
- not a sentence
- you can apply for this
- if offender goes against conditions of parole there isnt a new offence they can just be put back into jail
- eligibility for parole isn’t till after 6 months
- life sentences offenders arent eligible until 3 years prior to their full parole eligibility dates
how many years to life for murder?
25
how many years for 2nd degree murder?
10