Lec 10 Flashcards
Conventional or “Street” Crimes
Traditional, illegal or criminal behaviors that most people think of as crimes
What type of crime are the most egregious street crimes
Violent crimes
Criminal Homicides types
1st and 2nd degree murder
Manslaughter
Infacticide
First Degree Murder
When a killing is planned and deliberate
When the victim is a police officer or correctional officer
When a murder occurs in connection with other offences
Second degree murder
Intentional, but not premeditated
Sentence of murder
25 years to life
2nd degree may be paroled after 10
Voluntary manslaughter involves
A sudden passion
Manslaughter
When there is not intent to kill
Punishment of manslaughter
Ranges from 4 to 15 years but use of firearm could be aggravating factor
Section 231 of the Criminal Code of Canada- Murder is always first-degree when the victim is
A police officer on duty, an employee of prison on duty, a person in the prison who is working in the prison
Gun ownership comparison between Canada and US
Canada has 30.8 guns per 100 persons
US has 101 guns per 100 persons
US has less than 5%of the worlds pop. but 35-50 percent of guns
Homicides by firearms in Canada and US
Firearms accounted for 69 percent of all homicides in the US
33 percent for Canada
What must blood alcohol content be below
0.08 percent
Max punishment for impaired driving causing death
Life imprisonment
Progression of impaired driving caused deaths
Lowered over the years
66 in 2019, 105 in 2018
Infanticide
Killing of a newborn child (1-12 months) by a mother who is disturbed as a consequence of giving birth
Jail sentence for infanticide
max 5 years
Postpartum depression defense is unlikely to succeed if
Child is older than 2 months
Robbery
Taking or attempting to take the property of another using force or fear
Theft accomplished by an assult
Section 344 of the Criminal Code of Canada states (3)
It is an indictable offence (more severe punishment)
Maximum penalty is life imprisonment
A conviction for robbery with a firearm carries with it a mandatory minimum of 5 years
Theft offence type
Can be indictable or summary
Theft found in what section of criminal code
322
Section 348 on Break and Enter
Anyone commits break and enter if they
Breaks in a place with intent of committing an indictable offence
Commits indictable offence inside
Breaks out of place after doing either
Break and enter offence type
Indictable offence
Where do most violent incidents happen in Canada
Bars, restaurants, malls, schools
In or around a private residence
On the streets, in parks etc.
When do most violent crimes occur
Summer months and in December
Between 6pm-12am
Violent crime victimization patterns (8)
Younger people,
males,
single/divorced,
those who spend evenings away from home
Lower income
Minorities
Alcohol consumption leads to more victimization
Repeat victims
Aggravating factors
Those facts about the crime, defendant or victim that tend to make the crime more severe
What do aggravating factors include (3)
Defendants criminal history, brutality of crime, victim vulnerability
Mitigating factors
Reduce sentences
Show society that defendant poses less risk to society, meaning a lengthy sentence is not necessary
Mitigating factors example (2)
Lack of criminal history
Defendant’s acceptance of responsibility
The Routine Activity Theory (RAT) assumptions
Target Suitability
Guardianship
Motivated
Routine Activity Theory (RAT) purpose
Preventing Street Crime
Reducing Crime Requires
Reducing target suitability
Ensuring effective guardianship
Reducing motivation to commit crime through social development or incapacitation
Selective Incapacitation
Means giving very long sentences to dangerous offenders
Factors that effect the length of incapacitation
Severity of crime
Whether the person is a first or repeat offender
How much danger the offender poses to the public if released
Harshest selective incapacitation laws in Western countries is
California’s three strikes law
Drawbacks of selective incapacitation include
Risk of false positives: Identifying on offender as dangerous when they are not
Encourages discretionary application of law by judges
