Test review

Question 1

Explain what criminology is? In general, what is a theory of crime? Explain.

Answer 1

Criminology - The study of crime and criminal behaviour

Theories of Crime - Ideas regarding why people commit crimes and behave in criminal manners

Question 2

Explain 2 general reasons as to why people obey the law. Also, describe 2 potential reasons as to why people break the law.

Answer 2

Reasons Law is Obeyed - Fear of penalties (deterrence), Respect for authority, Morality…

Reason Law is Broken - Necessity, Lack of Respect for the Law, Thrill…

Question 3

Proposes that through interactions with others, individuals learn the values, attitudes, techniques and motives for criminal behaviour

Answer 3

Differential Association Theory

Question 4

States that as individuals work collectively together in a community, they will be able control the behaviour (criminal) of others in their community.

Answer 4

Collective Efficacy Theory

Question 5

Certain strains or stressors in one’s life cause emotions such as frustration, anger and desperation that increase the likelihood of criminal behaviour.

Answer 5

Strain Theory

Question 6

People make decisions on their own free will. Therefore, it is important to have proportional punishments for crimes committed to deter people from making criminal choices.

Answer 6

Classical Theory

Question 7

Focuses on how certain social factors (family, economic, political…) of an individual’s life can contribute to criminality.

Answer 7

Positivist Theory

Question 8

People believe there is no reason to not act in a criminal manner due to feeling alienated, worthless, fruitless efforts to achieve things in a non-criminal manner.

Answer 8

Anomie Theory

Question 9

Suggests that it is not just environmental and social factors that influence criminality but also biological factors.

Answer 9

Biosocial & Trait Theories

Question 10

Suggests that minor instances of social and physical disorder can contribute to an atmosphere that encourages further criminal behaviour.

Answer 10

Broken Windows Theory_

Question 11

Impartiality

Answer 11

Lack of bias, equal treatment of all.

Question 12

Fairness

Answer 12

Just treatment without favouritism or discrimination.

Question 13

Stereotypes

Answer 13

A generalized belief about a particular group of people.

Question 14

Discrimination

Answer 14

Treating a person unfairly due to certain irrelevant characteristics they possess.

Question 15

Systemic Discrimination

Answer 15

Systemic discrimination can be described as patterns of behaviour, policies or practices that are part of the structures of an organization, and which create or perpetuate disadvantage for certain persons.

Question 16

Racial Profiling

Answer 16

The practice of targeting individuals for suspicion of crime based on the individual’s race, ethnicity, religion or national origin.

Question 17

Arbitrary

Answer 17

Based on random choice or personal whim.

Question 18

Explain the concepts of articulable cause

Reference the R v. Brown case in explaining these concepts.

Answer 18

Articulable Cause - Reasonable cause/belief regarding that a detainee is involved in a crime being investigated. In the R v. Brown case the officer stated that he pulled Brown over because he was driving over the speed limit and that he had crossed in out of the lane he was driving in. Brown disagreed and stated that he believed that he was pulled over due to racial profiling (a black man driving an expensive car).

Question 19

Explain the concepts of apprehension of bias

Reference the R v. Brown case in explaining these concepts.

Answer 19

Apprehension of bias - Whether a reasonable person, fully informed of the facts of the case, would conclude that the decision-maker, whether consciously or subconsciously, was biased during the decision-making process. The Ontario Court justice that convicted Brown in the original hearing of the case did not accept the evidence that racial profiling had occurred. On appeal this along with the conduct of the judge was considered to raise reasonable apprehension of bias.

Question 20

What is the manner (the test) in which racial profiling may be proven in a case where it may have occurred?

Answer 20

Racial profiling will need to be proven through circumstantial evidence (inference and assumption) as the officer involved would be highly unlikely to admit to racial profiling.

Question 21

Explain what common law and rule of precedence are.

Answer 21

Common Law - The body of law created by the decisions that judges make in cases. These decisions set precedents to follow in future cases.

Precedents - Another way that laws are created is through our courts with the use of precedent or the common law system. Sometimes the rulings made by judges set out laws and sentencing guidelines that should be referred to by judges in similar cases in the future.

Question 22

List and explain 4 reasons why using precedents is effective in a legal/justice system.

Answer 22

It promotes predictable and consistent development of legal principles.
For example: The Supreme Court may establish a “test” or a way of deciding an issue e.g. The Oakes Test.
It promotes reliance on judicial decisions.
For example: The court may rule in such a way that requires the government to rewrite or amend a law to be in keeping with a verdict.
It limits the power of the judiciary.
For example: A judge may not punish one offender far more harshly than another offender convicted under similar circumstances.
It helps people know what to expect in certain legal situations, etc.
For example: A judge may have ruled that evidence collected in a particular way violated the rights of the accused. The police now have a clearer idea of the rules for collecting evidence to be used in a trial.

Question 23

A landmark case is one in which the decision affects many people and/or future cases. R v. Oakes is one of those cases. Briefly explain the case and why it is considered a landmark case.

Answer 23

Landmark cases result in legal change that is particularly important and the verdict impacts many people or processes. The R v. Oakes case is one of those cases as it created the test for determining if a Charter infringing law can be justified under Section 1 of the Charter. In the case of R v. Oakes the question was whether the Charter infringement of reverse onus regarding trafficking charges was justified via the reasonable limits clause. Ultimately, this Charter infringement was ruled to be unacceptable.

Question 24

What is the Oakes Test used for? Explain the four questions that the Oakes test lays out for the courts/judges to follow.

Answer 24

The Oakes Test is used to determine if law that infringes upon a Charter right can be justified and saved.

Oakes Test Questions:

1.There must be a pressing and substantial objective for the law or government action.

2.The means chosen to achieve the objective must be proportional to the burden on the rights of the claimant.

a) The objective must be rationally connected to the limit on the Charter right.

b) The limit must minimally impair the Charter right.

c) There should be an overall balance or proportionality between the benefits of the limit and its deleterious effects.

Question 25

What is the UN? When was it created and who belongs to it?

Answer 25

The UN (United Nations) is an international organization that attempts to work on improving/solving global issues. Most of the world’s countries belong to the UN. It was created in 1945 after the second world war ended.

Question 26

List 3 world issues that the UN is striving to improve?

Answer 26

Climate Change
Poverty
Peace & Security
Promoting and Protecting Human Rights
Sustainable Development
Improved Living Standards

Question 27

What are 5 difficulties that the UN faces in attempting to achieve its goals?

Answer 27

Difficulty taking strong stances against politically and economically powerful nations.
Issues with enforcement of laws and regulations in sovereign states (difficulty enforcing international law).
Difficulty in tracking the success or failure in some of these developmental goals.
Some of these goals can be conflicting (Industrialization and Climate Goals).
Are some of the aims of the UN more impacted by Western ideals?