L2 What is criminology? What is Crime Flashcards
prof’s dog’s name
tucker
define criminology
the body of knowledge regarding crime as a social phenomenon
3 elements of criminology
- making laws
- breaking laws
- reaction to breaking of laws
goal of criminology
scientific: to develop body of general and verified principles and knowledge regarding law, crime, and treatment
6 things that criminologists study
- definition of crime + criminals
- origins and role of law
- social distribution of crime
- causation of crime
- patterns of criminal behaviour
- societal reactions to crime
3 approaches to studying crime
- quantitative approach
- qualitiative approch
- mixed-methods approach
what is the quantitative approach to studying crime?
relating to the measurement of something - its quantity
what is the qualitative approach to studying crime.
explores the reasons for human behaviour and the qualities of subjective experiences
why study criminology?
- to better understand crime, criminal behaviour + society’s response to it.
- to reduce, we need to understand (well-intended laws supposed to reduce crime, dont - find out why; find out motivations to crime to create better solutions + penalties)
- crime affects us all (all have been victim’s at some point)
spanking a child
- germany prosecutes
- canada allows if child is under 18
- what 4 differences does this tell us?
- differences between society
- differences in discipline
- differences in rights for the child
- difference in punishment based on what is valued in society
media’s role in crime
- most ppl learn about crime thru media
- media misrepresents crime to attract viewers
- rule for media: “ if it bleeds, it leads” =sensationalizes crime + hypes crime even tho lowest crime rates in 30 years.
- fictional accounts of crime are distorted (don’t understand motive, or show true danger in the criminal act)
- as a result, criminologists steer clear of media because it misinterprets
what is moral panic?
when a condition, episode, person or group of persons emerges to become defined as a threat to societal values and interests.
= demonizes group/thing as being harmful
Media + moral panic
moral panic triggered by media stories.
- reinforced by reactive laws, public policy, misdirected public concern and threat to social order
when does moral panic occur?
when perceptions of a problem differ from the reality of the problem
Columbine high school massacre - what happened? - what resulted?
16 students and 1 teacher killed in mass shooting.
results:
- metal detectors in schools
- drop + cover drills
- 24 hour media coverage
- politicians and parents blame entertainment industry + want tough legislative changes
michael moore’s documentary : bowling for columbine.
marilyn manson
deviantize a narrative for political purpose.
assoc columbine shooters with marilyn manson
creates moral panic
school shootings in Context
chance of shooting happening was very small.
- most kids were safe in school
- hard to understand this perspective tho because it’s not as fantastic.
- adults close to child are responsible for 90% of child deaths.
myths surrounding columbine shooters
- wrong media
- plenty of friends, did well in school, didn’t listen to marilyn manson, didn’t hate anyone, didn’t have mental break.
- planned to do this for a year + a half. wanted to blow up the school because they hated the world and wanted people to suffer.
crime, historically speaking
harmful behaviour against others treated as a private matter
- wasn’t effective.
gov’t involvement in harmful acts
certain harmful acts became defined as criminal
- harmful acts were against society as a whole
- gov’t codified behaviours and became responsible for enforcing and prosecuting those who commit harmful acts
crime vs deviance
crime: act that violates criminal law and is punishable
deviance: departs from social norms and is not always subject to formal social sanction
why is crime socially defined?
- there are no universally condemned acts
- there is nothing inherent in any act that makes it unlawful.
consider social context - depends on country, what troubles us.
why is crime relative?
socially defined = rules can change.
distinction between criminal and noncriminal is ambiguous!!
- fundamentally incompatible with the notion that criminals are born to crime
what 4 things does criminal law include?
- definitions of crimes
- specification of punishments
- general principles of criminal responsibility
- defenses to a charge
3 purposes+ functions of criminal law
- deterrence:
- denunciation
- retribution
what is deterrence?
principle of punishment intended to discourage citizens (assumed to be rational) from offending or reoffending
- specific: discouraging specific person from committing crime (again)
- general: prevent general public from committing crime
what is denunciation
formal expression that a crime is unacceptable
- by society for betterment of society
what is retribution
punishment for transgressions
where does canadian criminal law come from?
legislation - civil law.
judicial decision - common law
2 most important pieces of canadian legislation
canadian criminal code
charter or R+F
what is substantive law
defines criminal acts and the legal elements that must be present for a conviction
* in criminal code*
what is procedural law
specifies the criminal procedures to be followed while prosecuting a case and the powers of justice system officials
* in criminal code*
what is charter of rights + freedome?
bill entrenched in canadian constitution
- guarantees certain political rights to Canadian citizens + outlines canadian principles and values.
- can be used to protect people against criminal convictions
other relevant federal criminal statutes
- youth criminal justice act
- controlled drugs + substances act
- customs and excise act
2 basic components of a crime
actus reus : the guilty act
mens rea: the guilty mind
what must occur in order to be convicted of a criminal offence
- prosecution must prove, beyond a reasonable doubt that
- a particular event/state of affairs was “caused” by the accused person’s conduct (actus reus)
- that this conduct was simultaneously accompanied by a certain state of mind (mens rea)
3 components of actus reus
- conduct: voluntary act or omission constituting the central feature of the crime
- surrounding or “material” circumstances
- consequences of voluntary conduct
explain conduct - issue?
if interest in participating, don’t try to prevent potentially harmful action.
regards control over action, could you (or reasonable person) have known you would’ve done this.
the mens rea element of crime is?
the mental elements (state of mind) of the crime, other than voluntariness
- changes with the crime
- understand + intend consequence
- purpose is to reflect Canadian values. want those who are morally blame-worthy to be punished.
2 components of mens rea
subjective: accused deliberately intended to bring about consequences prohibited by law.
objective: person should be convicted because a reasonable person would have appreciated that the conduct created a risk of harm + would have taken action to avoid this.
