Definitions - Chapter 9 Flashcards
Positivism Definition (Positivist)
Focused on biological and psychological factors to explain criminal behaviour.
Anomie Definition (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 Definition
A sociological theory arguing that poor or transient communities are more likely to condone criminal activity than more affluent neighbourhoods.
Social Conflict Theories Definition
Criminal behaviour is more likely in a capitalist society because of increased compensation for scarce resources and wealth.
Consensus Theory Definition (Consensus Theorists)
People who assume there is a universal or communal definition of right and wrong and that our criminal laws reflects the consensus.
Strain Theory Definition
People commit criminal acts out of desperation or frustration at being unable to fulfill wants or needs legally.
Socialization Theory Definition
The idea that nurture is more influential in criminal behaviour than nature (genetics).
Biological Trait Theory Definition
The idea that individuals can be predisposed to criminal activity due to genetic factors.
Neurophysiological Theory Definition (Neurophysiological theorists)
Certain neurological dysfunctions and genetic defects are connected to some types of criminal behaviour.
Actus Reus Definition
A Latin term meaning “guilty act” that refers to the physical aspects of a crime.
Mens Rea Definition
The Latin word 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 Definition
The goal of committing an illegal act, with no illegal purpose beyond that act.
Specific Intent Definition
- The mental purpose to accomplish a specific act prohibited by law (e.g. murder);
- The defendant must intend not only to commit the act charged, but also to violate the law.
Transferred Intent Definition (Doctrine of Transferred Intent)
When Mens Rea also applies if the accused intended to commit a crime against one person but injured another instead.
Recklessness Definition
Behaviour that is careless and without regard for the consequences.
Willful Blindness Definition
A situation in which the accused suspects a harmful or criminal outcome but chooses to avoid considering the consequences.
Objective Standard Definition
A measure of comparison with what a reasonable person would do, which is used to determine whether an accused out to have been able to foresee the consequences of his or her actions.
Subjective Standard Definition
A measure of comparison whereby the Crown must prove that the accused actually knew the consequences of his or her actions.
Strict Liability Definition
- There can be responsibility without fault;
- Strict liability offenses do not require intent and may endanger public welfare.
- E.g. illegal dumping of toxic waste.
Due Diligence Definition
The defense that a defendant acted as any reasonable person would under the circumstances.
Absolute Liability Definition
No defense, fault is not an issue and the accused is convicted based on the guilty act.
Indictable Definition (Indictable Offenses)
More serious offences such as aggravated assault.
Summary Conviction Definition
Criminal violations that are:
-Minor in nature (e.g. causing a disturbance)
-Are tried by justices or provincial court judges
- Have consequences much less severe than indictable offenses.
Hybrid Offences Definition
Violations for which the prosecution has a choice to proceed by way of indictment or summary conviction offence; also called a “dual procedure offence.”
