Exam Review:) Flashcards
1
Q
What are the 4 Legal Thinking Concepts?
A
Legal Significance, legal perspective, interrelationships, change and continuity.
2
Q
What is Legal Significance?
A
- Analyze how laws, court decisions, and social or political forces influence development and daily life.
- Assess the significance of key legal principles, cases and events influence in shaping the law.
- Ex. Why is the law and legal issue important?
3
Q
What is Legal Perspective?
A
- Analyze how judges make decisions and how police officers view the law.
- Consider legal principles like fairness, justice, equality, presumption of innocence, and rule of law when evaluating legal issues and cases.
- Understand the law’s role in balancing competing rights and freedoms.
- Ex. How might members of the justice community view this event or legal controversy.
4
Q
What is Interrelationships?
A
- Consider how laws affect society and how society affects laws.
- Analyze the roles of Canada’s government branches in law development and their impact on diverse groups.
- Consider the interactions between various sides in trials and other legal disputes.
-Ex. What roles do individuals, groups and government’s play in the justice system?
5
Q
What is Change and Continuity?
A
- Understand the way laws change, or stay the same, over time.
- Analyze forces that support continuity in legal systems and factors impacting the administration of justice in both the short and long term.
- Ex. How have laws changed over time and why?
6
Q
What is the Style of Cause?
A
- Style of Cause: Identifies the parties involved (Criminal: R. v. Marshall, [1999]… ; Civil: Marshall v. Harold, [1999]…”
7
Q
What is Doctrine of Transferred Intent?
A
If you try to hurt one person but accidentally hurt someone else, the law treats it like you meant to hurt the person who got hurt.
8
Q
What is Res Judicata?
A
A legal principle that prevents the same case from being tried again once a final judgment has been made.
9
Q
What are Primary and Secondary Sources?
A
- Primary: Sources that have influenced our ideas and values about law over
time; they are the original sources
of law, including: Religion;
Customs and conventions,
Social and political influences - Secondary: Sources that enshrine a society’s values in written rules and
regulations, which have been
formulated by legislators and
judges (written down and legally
binding). These are part of our
legal HISTORY, including: The Constitution; Statute Law; and, Case/Common Law
10
Q
What are Customs & Conventions?
A
Definition: Customs are traditional practices that people follow, while conventions are unwritten rules that guide behavior in politics and society.
Example: In Canada, it’s a custom to stand for the national anthem. A convention is that the Prime Minister is expected to be a member of the elected House of Commons.
11
Q
What is Religion?
A
Definition: Religion refers to systems of beliefs that often include faith in a higher power and guide moral values.
Example: In Canada, many people practice Christianity, Islam, or Indigenous spiritual traditions, influencing community values and holidays.
12
Q
What are Social & Political Influences?
A
Definition: Social influences are the effects of society on people’s behavior and beliefs, while political influences involve how government policies and political views shape society.
Example: The growing awareness of climate change has led to social movements advocating for environmental protection, which influences political decisions like carbon pricing.
13
Q
What is Intra Vires?
A
Within the Power.
14
Q
What is Ultra Vires?
A
Beyond the Power.
15
Q
What is Rule of Precedent (STARE DECISIS)?
A
- This means is that judges look at decisions that have been made in similar cases with similar facts before they make their decision.
- This ensures that like cases are decided alike – it guarantees some sort of predictability with the law and protects those accused of committing crimes from being treated unfairly.
16
Q
What is Democracy?
A
- Definition: A system of government by the whole population through elected representatives.
- Example: Voting in national elections to choose leaders.
17
Q
What is Parliamentary Supremacy?
A
The idea that the legislature (parliament) has the ultimate authority in law-making and can override other laws or decisions.
18
Q
What is the Rule of Law?
A
Everyone must follow the law, no matter who they are, and the law should be fair and applied equally to all.
19
Q
What is Domestic Law?
A
- Refers to laws that govern activity within a nation’s borders
(if a Canadian citizen breaks the law in another country, there is very little that the Canadian government can do to help)
20
Q
What is International Law?
A
Refers to rules and agreements between countries that govern their relations and obligations.
21
Q
What is Substantive Law?
A
- All laws that set out the rights and obligations of each person in society.
- Outlines the activities and actions that are considered criminal.
22
Q
What is Procedural Law?
A
- Outlines the steps and PROCEDURES involved in protecting our roots and apply the law.
- Example: There are formal procedures that must be followed to carry out arrests, search warrants, etc.
23
Q
What is Public Law?
A
Set the rules for the relationship between a person and society and for the roles of different levels of government.
24
Q
What is Private Law?
A
Private law sets the rules between individuals, it is also called civil law, private law settles disputes among groups of people and compensates victims.
25
Adversarial vs. Inquisitorial Trial System?
- Adversarial: A legal system where two opposing parties present their cases to an impartial judge or jury.
- Inquisitorial: A legal system where the court takes an active role in investigating the case and questioning witnesses.
26
International Law – Sources of, who it protects, who enforces it?
- Individual states/countries, the United Nations is responsible for enforcing international law.
- Established by the United Nations Charter in 1945.
- The main function of the United Nations is to preserve international peace and security by means such as negotiation,
mediation, arbitration, and judicial decisions.
27
What are the different organs of the United Nations (especially the UN Security Council)?
- General Assembly:
A big meeting where all 193 countries come together to discuss global problems; They make suggestions but can’t force anyone to act.
- Security Council:
Focuses on keeping peace and stopping wars; Has 15 members: 5 powerful countries (USA, UK, France, Russia, China) can block decisions with a veto, and 10 other countries rotate in.
- Economic and Social Council (ECOSOC):
Works on improving health, education, and living conditions worldwide; Partners with groups like UNICEF and WHO.
- International Court of Justice (ICJ):
Solves arguments between countries; It only handles cases from countries, not individuals.
- Secretariat:
The team that runs the UN and carries out its decisions, led by the Secretary-General.
- Trusteeship Council:
Used to help colonies become independent; Finished its job in 1994, so it’s no longer active.
28
What is the ICC?
The ICC is a separate body, not part of the UN, that prosecutes individuals for serious crimes like genocide, war crimes, and crimes against humanity.
29
What Issues are there with
the UN and the ICC?
Issues with the UN
- Veto Power: The five permanent members of the Security Council (USA, UK, China, Russia, France) can block decisions, even if most countries agree.
- Inequality: Smaller or poorer countries feel like they don’t have enough say.
- Slow Actions: The UN has been criticized for not acting quickly enough in emergencies like wars or disasters.
- Too Complicated: It’s sometimes seen as inefficient because of too much bureaucracy.
Issues with the ICC
- Unfair Focus: Many think the ICC focuses mostly on Africa, ignoring crimes elsewhere.
- Big Countries Stay Out: Powerful countries like the USA, China, and Russia aren’t part of the ICC, so it can’t hold them accountable.
- Weak Enforcement: The ICC can’t arrest people on its own and depends on countries to cooperate, which doesn’t always happen.
30
Overall thoughts of the UN and ICC?
- Fix the Security Council: Make it fairer by reducing the veto power or adding more members.
- Strengthen the ICC: Encourage all countries to join and ensure it treats all regions equally.
- Act Faster: Both the UN and ICC should respond quicker to crises and enforce decisions more strongly.
- Be More Inclusive: Give smaller and developing countries more of a voice in decisions.
31
Impact of moral philosophy/ethics on
law – What role should our morals
have on our laws?
Basis for Laws: Many laws are based on shared moral values, like the belief that it’s wrong to steal or harm others.
Deciding Right and Wrong: Ethics helps us decide what actions should be allowed by law and what should be prohibited.
Fairness of Laws: Morals help us assess whether laws are just or unfair, especially in terms of equality and human rights.
Maintaining Balance: Laws use moral principles to protect individuals while also ensuring they have freedom and rights.
Evolving with Society: As societies’ moral values change, laws often adapt to reflect new understandings of what is right or wrong.
32
What is Justice?
Doing what is right and fair, making sure benefits and responsibilities are shared fairly. It is based on what we believe is right, but these ideas can change over time.
33
What are the Characteristics of Justice?
- Impartiality: Justice should be fair to everyone, no matter how rich or powerful they are.
- Law and Fair Process: Justice applies to both the rules (e.g., rules for breath tests) and how the rules are applied (e.g., making sure everyone is treated the same during the test).
- Not Always the Same as Fairness: Sometimes, justice means treating people differently to account for differences, like physical strength between men and women.
- No Discrimination: Justice does not judge people based on things that don’t matter, like height or unrelated skills.
- Fair Distribution: Justice means giving everyone what they deserve, whether it's benefits or responsibilities.
34
What is the Social contract?
An agreement where people give up some freedom and follow laws in exchange for protection and order from the government.
35
What is the Trolley Car Dilemma?
A thought experiment where you have to choose between saving five people by sacrificing one. It asks what’s the right thing to do when lives are at stake.
36
What is Civil Disobedience?
When people refuse to follow unfair laws peacefully, to protest and show that the law is wrong.
37
What is Utilitarianism?
The idea that actions should be judged by how much happiness or good they bring to the most people, even if it means harming a few.
38
What theories does Hobbes support?
- Theory: Positive Law (Social Contract)
- Why: Hobbes believed humans are naturally violent and need laws to maintain order. Governments are created to keep peace, and the state should have strong power to enforce laws.
39
What theories does Bentham support?
- Theory: Utilitarianism (focused on Positive Law)
- Why: Bentham believed laws should create the greatest happiness for the most people. He focused on practical laws that benefit society, not on morality.
40
What theories does Locke support?
- Theory: Natural Law (focused on individual rights)
- Why: Locke believed people have natural rights to life, liberty, and property. Governments exist to protect these rights, and if a government violates them, people can rebel.
41
What theories does Socrates support?
- Theory: Natural Law
- Why: Socrates believed laws should help people live good, virtuous lives. True justice is based on universal moral truths, and laws should reflect those truths.
42
What is Natural Law?
- Role in Society: Natural law says laws should follow basic moral rules that everyone can understand.
- Punishment: Punishment should fix the wrong and prevent future crime.
- Criticisms:
People don’t always agree on what’s morally right;
It can’t always adapt to new problems;
It often mixes with religion, which doesn’t fit in non-religious societies. -Example: The Civil Rights Movement in the U.S. used natural law to fight segregation.
43
What is Positive Law?
- Role in Society: Positive law is made by governments and is valid just because the authorities say so.
- Punishment: Punishment is used to enforce the law and keep order.
- Criticisms:
It separates law from morality, so bad laws can exist;
It can support unfair laws if they’re passed by authorities;
It focuses too much on government power, not individual rights;
Laws can change quickly with politics.
- Example: The Napoleonic Code made laws clear and uniform across Europe.
44
What is Legal Realism?
- Role in Society: Law is shaped by social factors and the judge’s personal views.
- Example: A judge may make a ruling based on their own experiences or the community's needs.
- Punishment: Focus on rehabilitation and understanding the context of the crime.
- Criticism: Can make the law feel unpredictable because it's influenced by personal biases.
45
What are Critical Legal Studies?
- Role in Society: Law helps powerful groups stay in control and often hurts marginalized people.
- Example: Laws that benefit the rich and hurt the poor or minorities.
- Punishment: Change laws to make them more fair, rather than focusing on punishing people.
- Criticism: Doesn’t offer clear solutions or alternatives, just critiques the system.
46
What is Feminist Jurisprudence?
- Role in Society: Law is biased against women and reinforces gender inequality.
- Example: Laws that don’t fully protect women from violence or discrimination.
- Punishment: Focus on fair treatment for women and social reform.
- Criticism: May overlook other important issues like race or class.
47
What is Marxist Jurisprudence?
- Role in Society: Law protects the interests of the wealthy and powerful, keeping the working class down.
- Example: Laws that protect businesses and property while ignoring workers' rights.
- Punishment: Look at social problems (like poverty) that lead to crime, and try to fix them.
- Criticism: Doesn’t offer practical solutions for fixing the system.
48
What is Sociological Jurisprudence?
- Role in Society: Law should adapt to changes in society and reflect social needs.
- Example: Changes in laws on issues like same-sex marriage as society's views evolve.
- Punishment: Focus on rehabilitation and addressing root causes like poverty or lack of education.
- Criticism: Can make the law too flexible and unpredictable.
49
What is Virtue Jurisprudence?
- Role in Society: Law should encourage people to be morally good and develop virtuous habits.
- Example: A judge may look at a person’s character when deciding on a sentence.
- Punishment: Aim to help offenders become better people, not just punish them.
- Criticism: What’s considered "virtuous" can be subjective and hard to apply.
50
What is Legal Formalism (Letter of the Law)?
- Role in Society: Law is a set of clear, fixed rules that judges must apply strictly.
- Example: A judge follows the law exactly without considering outside factors.
- Punishment: Punishment is based strictly on what the law says, with no exceptions.
- Criticism: Can lead to unfair results because it ignores the context of a case.
51
What is Spirit of the Law?
- Role in Society: Law should be understood in terms of its underlying moral principles, not just the letter.
- Example: A judge interprets a law to achieve the intended justice, not just follow the wording.
- Punishment: Focus on the intent behind the law when deciding punishment.
- Criticism: Can be inconsistent, as different people may interpret the "spirit" of the law in different ways.
52
What is Popular Morality?
- Role in Society: Law should reflect the moral values of the majority of society.
- Example: Laws against behaviors like drug use because the public sees them as morally wrong.
- Punishment: Punishments reflect what society believes is just.
- Criticism: Can lead to laws that oppress minorities if they go against the majority’s views.
53
What is Critical Morality?
- Role in Society: Laws should be based on higher moral principles, like fairness and human rights.
- Example: A judge refuses to enforce a law that they believe violates human rights.
- Punishment: Judges should apply punishment based on higher ethical standards.
- Criticism: Can be too idealistic and difficult to apply in a diverse society.
54
What is criminology? Why do people
commit crimes? Why do people obey
the law?
The scientific study of crime, criminal behavior, and societal responses to crime.
People commit crimes due to reasons like poverty, peer pressure, mental health issues, or seeking revenge or personal gain.
People obey the law to avoid punishment, because they believe it’s the right thing to do, or to maintain social order and safety in society.
55
What is a Theory?
It is an assumption, or a set of assumptions, that attempts to explain why or how things are related to each other.
56
What is Crime? What is Deviance?
- Crime: Actions that break laws established by a governing body.
- Deviance: Behavior that deviates from social norms, whether or not it's illegal.
57
Legitimacy vs. Deterrence?
- Legitimacy: The belief that laws and authority are just and should be followed.
- Deterrence: The idea that the threat of punishment discourages criminal behavior.
58
What were the London Riots of 2011 (causes, why participate, suggestions to solve issues)?
- Causes: Socioeconomic inequalities, police brutality, lack of trust in government institutions, and public anger.
- Why Participate: Social unrest, perceived lack of opportunities, and frustration with authority.
- Suggestions to Solve Issues: Addressing inequality, improving police-community relations, providing economic opportunities, and fostering trust in institutions.
59
What is Free Will? What is Determinism?
- Free Will: The idea that individuals have control over their actions and choices.
- Determinism: The belief that behavior is influenced by factors beyond individual control (e.g., biology, environment).
60
What is Hedonism?
Hedonism: The pursuit of pleasure and avoidance of pain as the ultimate goal of human behavior.
61
What is the Prisoner Dilemma?
- The Prisoner's Dilemma is a classic concept in game theory that illustrates the conflict between individual self-interest and collective benefit.
- It involves two individuals who are faced with a decision to cooperate or betray each other, with the outcome depending on the choices made by both.
62
Who is Cesare Lombroso?
Advocate of the **atavism theory**, which suggests that criminals are biologically inferior and can be identified through physical traits (e.g., facial features, body type).
63
William Sheldon and Body Types?
Suggested that body types (endomorph, mesomorph, and ectomorph) are related to personality and criminal behavior, with mesomorphs being more prone to aggression.
64
Han Brunner and Bradley Waldroup?
- Brunner studied a family with a genetic mutation linked to violent behavior, suggesting a possible biological basis for criminal behavior.
- Waldroup is a case study in genetic and environmental influences on violent behavior.
65
Who is Dr. James Fallon and Dorothy Lewis?
- Fallon: Studied brain scans of serial killers and suggested that brain abnormalities could contribute to violent behavior.
- Lewis: Focused on the relationship between childhood trauma and adult criminality.
66
Who is Kim Gorgens?
Known for her work on the role of mental health in criminal behavior, including substance abuse and psychiatric disorders.
67
What is Classical Conditioning (Pavlov)?
The process by which a neutral stimulus becomes associated with a meaningful one, resulting in a conditioned response (e.g., Pavlov's dogs salivating at the sound of a bell).
68
Who is B.F. Skinner?
Known for **operant conditioning**, which focuses on how behaviors are shaped by rewards and punishments.
69
Who is Sigmund Freud?
Proposed that criminal behavior could stem from unconscious desires and conflicts within the psyche, particularly unresolved issues from childhood.
70
Who is Albert Bandura and what is the Bobo Doll experiment?
He demonstrated that children could learn aggressive behavior through observation, especially if the behavior is modeled by an adult.
71
Stanley Milgram (The Milgram Experiment)?
Studied obedience to authority, showing that people are often willing to harm others when instructed by an authority figure.
72
Philip Zimbardo (Stanford Prison Experiment)?
Demonstrated how situational factors (e.g., the power of authority and dehumanization) can lead individuals to engage in cruel behavior.
73
Who is Emile Durkheim (Anomie)?
He described anomie as a state of normlessness or breakdown of social norms, often occurring in times of rapid change, which can contribute to deviant behavior.
74
Darley and Latane (Kitty Genovese and the Bystander Effect)?
Found that people are less likely to intervene in emergencies when others are present, due to diffusion of responsibility.
75
Who is Robert Merton?
Developed the strain theory, which suggests that people engage in deviant behavior when they are unable to achieve societal goals through legitimate means.
76
Robert Agnew (General Strain Theory)?
Expanded on Merton’s theory, emphasizing the role of negative emotions (e.g., anger, frustration) in motivating criminal behavior.
77
Marx and Engels?
Argued that crime results from class conflict and exploitation. They believed that societal inequalities, particularly in capitalist systems, create conditions for criminal behavior.
78
Shaw and McKay?
Social Disorganization Theory: Found that areas with high poverty, residential mobility, and ethnic diversity are more likely to experience high crime rates due to weakened social institutions.
79
Who is Howard Becker?
Developed the labeling theory, which posits that people become deviant when they are labeled as such by society, leading to further deviance.
80
Who is George Hebert Mead?
Focused on the symbolic interactionist perspective, emphasizing that deviance is learned through social interactions and the meanings people attach to those interactions.
81
Who is Cesare Beccaria?
- Cesare Beccaria was an Italian thinker who believed punishments should be fair and not too harsh.
- He thought laws should be clear and treat everyone equally.
- He also argued against torture and the death penalty and said people should have a fair trial if accused of a crime.
- His ideas helped improve criminal justice systems.
82
Classical Theory of Criminology?
- What it is: Crime happens because people make choices based on what benefits them and what risks they face.
- Theorists: Cesare Beccaria and Jeremy Bentham.
- Cause of Crime: People commit crimes when the rewards seem greater than the punishment.
- Solution: Clear laws and fair punishment to stop crime.
- Criticism: Doesn’t consider social or mental factors; assumes everyone acts rationally.
83
Positive Theory of Criminology?
- What it is: Crime is caused by things like biology, society, or psychology, not just choice.
- Theorists: Auguste Comte and Enrico Ferri.
- Cause of Crime: Factors like mental health, poverty, or environment.
- Solution: Improve society and address biological or mental issues.
- Criticism: Can ignore personal responsibility; too focused on science.
84
Biological Theories of Crime?
- What it is: Crime is caused by biological factors like genetics or brain structure.
- Theorists: Cesare Lombroso and William Sheldon.
- Cause of Crime: Genetics, brain structure, or physical features.
- Solution: Treat biological issues or control genetics.
- Criticism: Doesn’t consider the role of society or environment; outdated ideas like identifying criminals by physical traits.
85
Sociological Theories of Crime?
- What it is: Crime is influenced by social factors, like inequality or poor living conditions.
- Theorists: Emile Durkheim and Robert Merton.
- Cause of Crime: Society’s problems, such as poverty, inequality, and lack of opportunity.
- Solution: Fix social issues, reduce inequality, and provide opportunities.
- Criticism: Doesn’t fully explain why some people in tough conditions don’t commit crimes.
86
Psychological Theories of Crime?
- What it is: Crime is caused by psychological issues like personality disorders or childhood trauma.
- Theorists: Sigmund Freud and Hans Eysenck.
- Cause of Crime: Mental health issues or certain personality traits.
- Solution: Therapy, rehabilitation, and addressing mental health.
- Criticism: May ignore social factors and difficult to apply to all types of crime.
87
What is Demonic Perspective?
- Cause of Crime: Crime is caused by evil spirits or demons.
- Solution: Exorcism or religious rituals to remove the evil.
- Punishment: Severe punishment like torture or death.
- Criticism: Lacks evidence, based on superstition, not science.
88
Rational Choice Theory?
- Cause of Crime: People commit crimes when the perceived benefits outweigh the risks.
- Solution: Increase the risks of crime (e.g., more police, surveillance) and reduce the rewards (e.g., fewer opportunities).
- Punishment: Punishment should be certain and predictable to deter criminal behavior.
- Criticisms: Overemphasizes rational decision-making and doesn't account for impulsive or emotionally driven crimes.
89
What is the Deterrence Theory?
- Cause of Crime: Crime occurs when punishment is not severe, certain, or swift enough.
- Solution: Strengthen deterrents by making punishments more certain and harsh.
- Punishment: Strong, swift, and certain punishment to discourage crime.
- Criticisms: Assumes rational behavior, but ignores crimes of passion or those committed impulsively.
90
What is the Positivist Theory?
- Cause of Crime: Crime is determined by biological, psychological, and social factors beyond a person’s control.
- Solution: Address the root causes of crime (e.g., poverty, mental illness) through rehabilitation and social reforms.
- Punishment: Rehabilitation and treatment are more important than punishment.
- Criticisms: Overemphasis on determinism, disregards free will, and can lead to stigmatizing individuals for factors beyond their control.
91
What is Biological Determinism?
- Cause of Crime: Crime is caused by genetics or biology, like brain structure or chemical imbalances.
- Solution: Treat the biological issues (e.g., with medicine or therapy).
- Punishment: Focus on treatment rather than punishment.
- Criticisms: Doesn’t consider social or environmental factors, and may excuse criminal behavior.
92
What is the Atavistic Form Theory?
- Cause of Crime: Criminals have physical traits that make them look like earlier stages of human evolution.
- Solution: Identify criminals based on their physical features.
- Punishment: Harsh punishment or isolation.
- Criticisms: No scientific proof, and it’s based on outdated and biased ideas.
93
What is the Somatotypes Theory?
- Cause of Crime: Body types (e.g., muscular or stocky builds) are linked to criminal behavior.
- Solution: Adjust the environment or rehabilitate based on body type.
- Punishment: Incarceration or isolation.
- Criticisms: No evidence linking body types to crime.
94
What is the XXY or Supermale Theory?
- Cause of Crime: Males with an extra Y chromosome are more likely to commit violent crimes.
- Solution: Genetic tests and medical treatment.
- Punishment: More focus on treatment than punishment.
- Criticisms: No clear evidence linking the extra Y chromosome to crime.
95
Twin Studies?
- Cause of Crime: Genetics may influence criminal behavior, as identical twins are more likely to share criminal tendencies.
- Solution: Genetic interventions or changing the environment.
- Punishment: Focus on treatment or rehabilitation based on genetics.
- Criticisms: Doesn’t fully explain crime, as environment plays a role too.
96
What is the Warrior Gene Theory? (MAO-A theory)?
- Cause of Crime: The MAO-A gene may make people more prone to aggression and violence, especially in violent environments.
- Solution: Genetic testing and therapy.
- Punishment: Focus on rehabilitation.
- Criticisms: Not enough evidence to support this theory, and it might excuse violent behavior.
97
What is Neuroscience & Neurophysiological Theories?
- Cause of Crime: Brain damage or abnormalities (e.g., in the prefrontal cortex) may lead to impulsive or aggressive behavior.
- Solution: Treat brain damage with medical or psychological interventions.
- Punishment: Focus on rehabilitation rather than punishment.
- Criticisms: Ignores social and environmental factors that contribute to crime.
98
What is Biocriminology?
- Cause of Crime: A combination of genetics, brain chemistry, and hormones contributes to criminal behavior. -Solution: Medical or psychological treatment to address these biological factors.
-Punishment: Focus on rehabilitation, not punishment.
-Criticisms: Focuses too much on biology and not enough on social influences.
99
What are Psychological Theories?
-Cause of Crime: Mental health issues or troubled childhood experiences may lead to criminal behavior.
-Solution: Therapy or psychiatric treatment to address mental health.
-Punishment: Focus on rehabilitation rather than punishment.
-Criticisms: Not all criminals have mental health issues, and it ignores social factors.
100
What is Mental Illness and Criminality?
-Cause of Crime: Mental illness can affect judgment and lead to crime.
-Solution: Treat offenders in psychiatric facilities rather than prisons.
-Punishment: Focus on mental health care.
-Criticisms: Not all criminals are mentally ill, and it doesn’t explain all crimes.
101
What is Psychodynamic/Psychoanalytic Theory?
-Cause of Crime: Unresolved childhood trauma or unconscious conflicts lead to criminal behavior.
-Solution: Psychoanalysis to resolve internal conflicts.
-Punishment: Focus on therapy.
-Criticisms: Lacks scientific evidence and doesn’t consider social causes of crime.
102
What is Behavioral Theory?
-Cause of Crime: Crime is learned through interaction with others and rewards or punishments.
-Solution: Teach positive behaviors through rewards and discourage criminal actions.
-Punishment: Use rewards and punishment to shape behavior.
-Criticisms: Doesn’t explain why some people resist criminal behavior even when exposed to it.
103
What is Cognitive Theory?
-Cause of Crime: Criminals have faulty thinking patterns that justify their actions.
-Solution: Use cognitive-behavioral therapy (CBT) to correct distorted thinking.
-Punishment: Focus on therapy to change thinking patterns.
-Criticisms: Doesn’t consider social or environmental causes of crime.
104
What is Social Learning Theory?
-Cause of Crime: People learn criminal behavior from their social environment (family, friends, peers).
-Solution: Encourage positive role models and change the social environment.
-Punishment: Use reinforcement to promote good behavior.
-Criticisms: Doesn’t explain why some people reject criminal behavior despite similar exposure.
105
What are Sociological Theories?
-Cause of Crime: Crime is caused by social structures, inequality, and cultural norms.
-Solution: Address social inequality and improve systems that contribute to crime.
-Punishment: Focus on social reform to prevent crime.
-Criticisms: Can overlook individual choice and responsibility.
106
What is the Theory of Anomie?
-Cause of Crime: Crime occurs when society’s norms are unclear or broken down, causing confusion.
-Solution: Strengthen societal norms and integration.
-Punishment: Focus on restoring social cohesion and shared values.
-Criticisms: Doesn’t explain all types of crime, and assumes society has a set of clear norms.
107
What is Strain Theory?
-Cause of Crime: Crime occurs when people can’t achieve societal goals through legitimate means, leading to frustration.
-Solution: Provide more opportunities for success without resorting to crime.
-Punishment: Address social inequalities to reduce crime.
-Criticisms: Doesn’t explain non-economic crimes or why people react differently to strain.
108
What is Consensus Theory?
-Cause of Crime: Crime happens when there is a breakdown in shared values and norms.
-Solution: Strengthen shared societal norms and values.
-Punishment: Focus on restoring harmony in society.
-Criticisms: Assumes that society agrees on all values, which is not always true.
109
What is Conflict Theory?
-Cause of Crime: Crime is a result of inequality and conflict between social classes (rich vs. poor).
-Solution: Address inequality by redistributing power and resources.
-Punishment: Focus on social change, not just punishment.
-Criticisms: Overemphasizes class conflict and doesn’t explain individual behavior.
110
What is Ecological School/Social Disorganization Theory?
-Cause of Crime: Crime happens more often in neighborhoods with weak social ties, poverty, and disorganization.
-Solution: Improve community organization and reduce poverty.
-Punishment: Focus on strengthening communities, not just punishing offenders.
-Criticisms: Doesn’t account for individual motivations or the diversity of crime types.
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What is Labelling Theory?
- Cause of Crime: Crime is caused by society labeling individuals as "criminals," which leads them to adopt that identity.
- Solution: Reduce stigmatization and avoid labeling individuals as criminals.
- Punishment: Reduce punitive measures and focus on rehabilitation.
- Criticisms: Doesn’t explain why some people commit crimes before being labeled and ignores individual responsibility.
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Define the following: Authority, Jurisdiction, Sovereignty, Power, Morality, Humanity, Rights, Duties, Equality, Equity, Legitimacy, Ownership.
Authority: The power or right to give orders, make decisions, and enforce obedience.
Jurisdiction: The official power to make legal decisions and judgments.
Sovereignty: The authority of a state to govern itself without outside interference.
Power: The ability or capacity to influence others or control events.
Morality: Principles concerning the distinction between right and wrong or good and bad behavior.
Humanity: The quality of being humane, showing compassion and kindness.
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Define the following: Rights, Duties, Equality, Equity, Legitimacy, Ownership.
Rights: Legal or moral entitlements that individuals have.
Duties: Obligations or responsibilities that individuals are required to perform.
Equality: The state of being treated the same, regardless of differences.
Equity: Fairness, where individuals receive what they need based on their circumstances.
Legitimacy: The quality of being accepted as valid, lawful, or official.
Ownership: The state of having legal possession of something.
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Principles of Fundamental Justice –
what are they? Examples?
Principles of Fundamental Justice are basic legal standards that ensure fairness in the legal system, especially when someone’s rights or freedom is at stake.
Examples:
- Right to a fair trial: A person should have a trial that is open, impartial, and based on facts.
- Right to legal counsel: Individuals have the right to be assisted by a lawyer when charged with a crime.
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Factors that cause our laws to change.
What are they? Examples.
Laws change due to shifts in societal values, technological advances, new information, political pressures, or changes in public opinion.
Examples:
- Social Movements: Growing support for gender equality led to laws for equal pay.
- Technology: The rise of the internet led to new laws around privacy and cybercrime.
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What are Human Rights? How are
they defined by the UN?
What are they?
Human rights are basic freedoms and protections that every person should have, no matter who they are or where they live.
How are they defined by the UN?
The United Nations created a list of human rights in the Universal Declaration of Human Rights (UDHR), which includes rights like the right to life, education, and freedom of speech.
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What are the 3 dimensions of human rights? The Universal Declaration of Human Rights, positive v. negative rights?
3 Dimensions of Human Rights:
- Civil and Political Rights: Rights to freedom and safety, like the right to vote or a fair trial.
- Economic, Social, and Cultural Rights: Rights to things like education, work, and health care.
- Collective Rights: Rights for groups of people, like the right for a community to preserve its culture.
Universal Declaration of Human Rights (UDHR):
- A document from the UN that lists the basic human rights every person should have.
Positive vs. Negative Rights:
- Positive Rights: Things that must be provided to you, like education or healthcare.
- Negative Rights: Things that others must not take away from you, like freedom of speech or privacy.
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Types of Discrimination?
- Direct Discrimination: This is when someone is treated unfairly because of who they are, like their race or gender. For example, not hiring someone just because they are a woman.
- Indirect Discrimination: This happens when a rule or policy unfairly affects certain people, even if it doesn’t seem unfair at first. For example, a firefighter physical test indirectly states that women are not biologically qualified to take this test, that would be indirect discrimination.
- Systemic Discrimination: This is when unfair treatment is built into the way a system or society works. It’s not always obvious but can happen over time through practices that favor certain groups. For example, schools in poorer areas might get less funding, affecting students from those neighborhoods.
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The Charter: Who Does It Apply To? What Are Its Limitations?
Who does it apply to?
- The Canadian Charter of Rights and Freedoms applies to everyone in Canada, including citizens, residents, and visitors.
Limitations:
- Not Absolute: Some rights can be limited in certain situations (e.g., for public safety or national security).
- Section 1 allows the government to restrict certain rights if it’s "reasonable" and justified in a free and democratic society (like limiting free speech to prevent hate speech).
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How are Human Rights protected
internationally? Who/what protects
and enforces them? (declarations,
treaties, conventions, Human Rights
Instruments; The UN; The UN Security
Council, The International Court of
Justice, The International Criminal
Court; NGOs?
Who/What protects and enforces them?
- Human rights are protected internationally through various organizations, treaties, and conventions.
Declarations/Treaties/Conventions:
- Documents like the Universal Declaration of Human Rights (UDHR) and treaties like the International Covenant on Civil and Political Rights (ICCPR) set standards for protecting human rights.
The UN (United Nations):
- Promotes and works to protect human rights through various agencies and efforts.
The UN Security Council:
- Takes action in cases where peace and security are threatened by human rights violations.
The International Court of Justice (ICJ):
- Settles disputes between countries over human rights issues.
The International Criminal Court (ICC):
- Prosecutes individuals accused of serious human rights violations like genocide or war crimes.
NGOs (Non-Governmental Organizations):
- Groups like Amnesty International monitor human rights abuses and advocate for the protection of human rights worldwide.
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Factors that Influence Human Rights:
- Political Systems: The type of government (e.g., democracy or dictatorship) can influence how human rights are upheld.
- Cultural Values: Societal norms and cultural attitudes may either support or restrict certain rights.
- Economic Factors: Poverty or wealth can impact access to rights, such as health care and education.
- Global Pressure: International organizations and public opinion can pressure countries to improve human rights practices.
- Technological Changes: New technologies may raise concerns about privacy, freedom of speech, and surveillance.
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Human Rights Violations in Canada:
Indigenous Rights:
- 94 Calls to Action: Suggestions to help fix issues caused by past mistreatment of
- Indigenous people, like better education and health care.
- MMIWG: An investigation into why so many Indigenous women and girls are going missing or being murdered.
- Child Welfare (Jordan’s Principle): A rule that ensures First Nations children get the same services as other children without delay or discrimination.
Anti-Black Racism:
- Black Canadians face unfair treatment in areas like the police, schools, and jobs.
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Issues in Human Rights Around the World:
- Refugee Rights: Many people fleeing war and danger have trouble finding safety and basic rights.
- Gender Inequality: In some countries, women don't have the same rights as men, like in education or jobs.
- Freedom of Speech: In some places, people can't speak their minds without risking punishment.
- Climate Change: As the climate changes, it creates problems for people who depend on nature for their living.
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In What Way Are Human Rights a Challenge Internationally?
- Cultural Differences: Different countries may have different views on what rights are important.
- Lack of Enforcement: It's hard to make sure all countries follow human rights laws.
- Political Will: Some governments don't want to follow human rights rules for political or economic reasons.
- Conflicts and War: During wars, it's harder to protect people's rights, and violations increase.
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How Can We Strengthen Human Rights in the World?
- International Cooperation: Countries need to work together to protect human rights.
- Education: Teaching people about human rights can help make everyone more aware.
- Stronger Laws: Enforcing rules and punishing those who violate rights helps protect people.
- Support for NGOs: Groups that protect human rights can raise awareness and fight for change.
- Empowering Communities: Local communities should be supported to stand up for their rights.
