Crime, Fear, and Risk. Part 1- The Objectivist- Legalistic Approach

Question 1

What is The Objectivist-Legalistic Approach?

Answer 1

“Value consensus” or “normative” position that crime is bad

Question 2

Why might someone take a Objectivist-Legalistic Approach

Answer 2

• reasons for certain behaviours
• reasons for crime
• reason for the law
• Norms, taboos, mores of society

Question 3

What is crime

Answer 3

-something against the law
- violation of legal statutes

Question 4

Why doesn’t criminality focus on morals

Answer 4

Because it it limited to legal construction

Question 5

Why do Criminologists focus on the “rules breakers”

Answer 5

To figure out:
- Who’s more likely to break the rules
- Are prison sentences effective

Question 6

Primary question: “What are the causes of criminal behaviour?”

What is it trying to understand

Answer 6

Trying to understand why people break the law

Question 7

How do you understand why people break the law

Answer 7

Looking at data, recognizing patterns, coming to a conclusion

Question 8

Explain how to legalization of cannabis is good

Answer 8

Legalizing the sale of cannabis dries up the illegal market and is easier to regulate.

Question 9

What are the 3 types of laws

Answer 9

1. Administrative: Individual VS state
2. Civil: Individual VS Individual
3. Criminal law:
   A. Crimes against the person
   B. Property crime
   C. Offences that are wrong, with no obvious victim

Question 10

What section does underage drinking fall under

A. Crimes against the person
B. Property crime
C. Offences that are wrong, with no obvious victim

Answer 10

C

Question 11

Name the 4 sectors of Homicide

Answer 11

• 1st-Degree Murder
• 2nd Degree Murder
• Manslaughter
• Infanticide

Question 12

What is the minimum, automatic sentence for 1st-degree murder

Answer 12

Life in prison with no chance of parole for 25 years

Question 13

When does a judge have discretion in a case

Answer 13

When its multiple counts; stacking charges

ex. Kidnapping + murder

Question 14

What sentences do minors get

Answer 14

3 years but can be tried as an adult if its close to their 18th birthday

Question 15

Explain why different cases have different sentences in the case of Alexandre Bissonette (Mosque shooter) VS Bruce Macarthur (killing gay men of visible minority)

Answer 15

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

Question 16

What sentence is 2nd-degree murder

Answer 16

Life in prison with no chance of parole for 10 yrs

Question 17

What is 2nd-degree sentence a catch-all for

Answer 17

A catch-all for murder whether unplanned or deliberate

Question 18

What is manslaughter

Answer 18

any unlawful killing that lacks the intent to prove murder

Question 19

How many years can you get for man slaughter

Answer 19

Up to the judge: minimum sentence - life sentence

Question 20

Give an example of manslaughter

Answer 20

Accidentally tripping someone and they die

Question 21

What is Infanticide

Answer 21

Killing a baby in their 1st year of life by bio mother

Question 22

Whats the max sentence for Infanticide

Answer 22

5 years

Question 23

What is level 1 assault

Answer 23

Threat or use of force without consent ( no serious bodily harm)
ex. a slap, kick

Question 24

What is level 2 assault

Answer 24

Threat or use of force without consent with a weapon ( serious bodily harm)
ex. bruises, broken bones

Question 25

What is level 3 assault

Answer 25

Threat or use of force without consent that results in permanent damage
ex. Disfigured, maimed, life ruined

Question 26

What is the difference between theft and robbery

Answer 26

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

Question 27

What does a criminal offence in Canada require?

Answer 27

an “evil” act (actus reus) and
an “evil” mind (mens rea).

Question 28

What is crime defined by?

Answer 28

legal statutes
primarily in legalistic terms.

Question 29

What is a criminologist’s purpose?

Answer 29

to determine the causes of crime so policy-makers can implement effective solutions.

Question 30

What are the two types of criminal offences?

Answer 30

Summary and Indictable

Question 31

What is a Summary criminal offence

Answer 31

less serious, provincial court

Question 32

What is an Indictable criminal offence

Answer 32

more serious offence

Question 33

What are the 3 options for accused charged with indictable offences:

Answer 33

1. Case heard by a judge in provincial court
2. Judge and jury hears a case in superior court
3. Judge alone hears a case in superior court

Question 34

How are most case dealt with

Answer 34

through plea bargaining

Question 35

Name 2 pros & cons to the state for plea bargaining

Answer 35

Pro:
- Less money/ time spent
- Assured conviction

Con:
- Lower sentence for the guilty party
- Possibility of the wrong person being convicted

Question 36

Name 2 pros & cons to the accused for plea bargaining

Answer 36

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

Question 37

What is remand

Answer 37

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