Definitions - Chapter 9

Question 1

Positivism Definition (Positivist)

Answer 1

Focused on biological and psychological factors to explain criminal behaviour.

Question 2

Anomie Definition (Anomie Theory)

Answer 2

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 3

Ecological School Definition

Answer 3

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

Question 4

Social Conflict Theories Definition

Answer 4

Criminal behaviour is more likely in a capitalist society because of increased compensation for scarce resources and wealth.

Question 5

Consensus Theory Definition (Consensus Theorists)

Answer 5

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

Question 6

Strain Theory Definition

Answer 6

People commit criminal acts out of desperation or frustration at being unable to fulfill wants or needs legally.

Question 7

Socialization Theory Definition

Answer 7

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

Question 8

Biological Trait Theory Definition

Answer 8

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

Question 9

Neurophysiological Theory Definition (Neurophysiological theorists)

Answer 9

Certain neurological dysfunctions and genetic defects are connected to some types of criminal behaviour.

Question 10

Actus Reus Definition

Answer 10

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

Question 11

Mens Rea Definition

Answer 11

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.

Question 12

General Intent Definition

Answer 12

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

Question 13

Specific Intent Definition

Answer 13

• 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.

Question 14

Transferred Intent Definition (Doctrine of Transferred Intent)

Answer 14

When Mens Rea also applies if the accused intended to commit a crime against one person but injured another instead.

Question 15

Recklessness Definition

Answer 15

Behaviour that is careless and without regard for the consequences.

Question 16

Willful Blindness Definition

Answer 16

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

Question 17

Objective Standard Definition

Answer 17

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.

Question 18

Subjective Standard Definition

Answer 18

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

Question 19

Strict Liability Definition

Answer 19

• 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.

Question 20

Due Diligence Definition

Answer 20

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

Question 21

Absolute Liability Definition

Answer 21

No defense, fault is not an issue and the accused is convicted based on the guilty act.

Question 22

Indictable Definition (Indictable Offenses)

Answer 22

More serious offences such as aggravated assault.

Question 23

Summary Conviction Definition

Answer 23

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.

Question 24

Hybrid Offences Definition

Answer 24

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