Crime, Fear, and Risk. Part 1- The Objectivist- Legalistic Approach Flashcards
What is The Objectivist-Legalistic Approach?
“Value consensus” or “normative” position that crime is bad
Why might someone take a Objectivist-Legalistic Approach
- reasons for certain behaviours
- reasons for crime
- reason for the law
- Norms, taboos, mores of society
What is crime
-something against the law
- violation of legal statutes
Why doesn’t criminality focus on morals
Because it it limited to legal construction
Why do Criminologists focus on the “rules breakers”
To figure out:
- Who’s more likely to break the rules
- Are prison sentences effective
Primary question: “What are the causes of criminal behaviour?”
What is it trying to understand
Trying to understand why people break the law
How do you understand why people break the law
Looking at data, recognizing patterns, coming to a conclusion
Explain how to legalization of cannabis is good
Legalizing the sale of cannabis dries up the illegal market and is easier to regulate.
What are the 3 types of laws
- Administrative: Individual VS state
- Civil: Individual VS Individual
- Criminal law:
A. Crimes against the person
B. Property crime
C. Offences that are wrong, with no obvious victim
What section does underage drinking fall under
A. Crimes against the person
B. Property crime
C. Offences that are wrong, with no obvious victim
C
Name the 4 sectors of Homicide
- 1st-Degree Murder
- 2nd Degree Murder
- Manslaughter
- Infanticide
What is the minimum, automatic sentence for 1st-degree murder
Life in prison with no chance of parole for 25 years
When does a judge have discretion in a case
When its multiple counts; stacking charges
ex. Kidnapping + murder
What sentences do minors get
3 years but can be tried as an adult if its close to their 18th birthday
Explain why different cases have different sentences in the case of Alexandre Bissonette (Mosque shooter) VS Bruce Macarthur (killing gay men of visible minority)
Alexandre had a life sentence of 40 years with no parole in comparison to Bruce with 25 years because Bruce’s case was one person at a time and harder to prove then a public mosque shooting
What sentence is 2nd-degree murder
Life in prison with no chance of parole for 10 yrs
What is 2nd-degree sentence a catch-all for
A catch-all for murder whether unplanned or deliberate
What is manslaughter
any unlawful killing that lacks the intent to prove murder
How many years can you get for man slaughter
Up to the judge: minimum sentence - life sentence
Give an example of manslaughter
Accidentally tripping someone and they die
What is Infanticide
Killing a baby in their 1st year of life by bio mother
Whats the max sentence for Infanticide
5 years
What is level 1 assault
Threat or use of force without consent ( no serious bodily harm)
ex. a slap, kick
What is level 2 assault
Threat or use of force without consent with a weapon ( serious bodily harm)
ex. bruises, broken bones
What is level 3 assault
Threat or use of force without consent that results in permanent damage
ex. Disfigured, maimed, life ruined
What is the difference between theft and robbery
Theft is when the person is present and robbery is when there isn’t a person present
ex. A robbery of a house with a person in it would be called a home invasion
What does a criminal offence in Canada require?
an “evil” act (actus reus) and
an “evil” mind (mens rea).
What is crime defined by?
legal statutes
primarily in legalistic terms.
What is a criminologist’s purpose?
to determine the causes of crime so policy-makers can implement effective solutions.
What are the two types of criminal offences?
Summary and Indictable
What is a Summary criminal offence
less serious, provincial court
What is an Indictable criminal offence
more serious offence
What are the 3 options for accused charged with indictable offences:
- Case heard by a judge in provincial court
- Judge and jury hears a case in superior court
- Judge alone hears a case in superior court
How are most case dealt with
through plea bargaining
Name 2 pros & cons to the state for plea bargaining
Pro:
- Less money/ time spent
- Assured conviction
Con:
- Lower sentence for the guilty party
- Possibility of the wrong person being convicted
Name 2 pros & cons to the accused for plea bargaining
Pro:
- less charge and sentence if guilty
- stress relief, less time & money wasted
Con:
- Pressure to take a plea (even if innocent)
- Lose the possibility to be found innocent
What is remand
Hold them in remand.
They are such a risk to society that they need to be held in remand.
Could be for summary or indictable
