Week 1 Flashcards
What is The Criminal Code of Canada?
An Act that codifies criminal offences and procedures in Canada, which forms a section of the Constitution Act of 1867
Define objectivist-legalistic
Definition of crime to be factual and precise; it defines crime as “something that is against the law”
Define criminal law
Rules made by a society that define what behaviours are “crimes”, that is, what may be determined to have happened and can be punished by the state
Define criminologist
Studies what society deems to be criminal offences, why the society has so deemed them, and what other approaches society might take to such behaviours
Define social consensus
Gottfredson and Hirschi (1990), for example, suggest that crime is based on a social consensus and that those who break the law do so because of lack of self-control; crime and crime control are considered to be objective phenomena
Name three types of law
Administrative law, Civil law, Criminal law
Name the two approaches to defining crime
Objectivist-legalistic and social-reaction
Define Administrative law
A form of public law that governs the relationships between individuals and the state by regulating the activities of organizations dealing with matters such as unemployment insurance, labour relations, and landlord-tenant relations
Define civil law
The branch of legal system that deals with arrangements between individuals, such as property disputes, wills, and contracts
Name the 3 main categories in the Criminal Code of Canada and an example for each
(1) Crimes against person (eg homicide)
(2) Property crime (eg theft over $5000)
(3) Offences (eg illegal drugs)
In order to be ruled as guilty, you must have 2 of the following:
Actus reus (commit “evil” act) and Mens rea (have “evil” mind/intent)
Who are considered unable to form “mens rea”?
Children under 12 and “insane”
Define deviance
For sociologists, deviance is not related to “a type of person” but to a pattern of norm violation relative to the society in which it occurs. There is no fixed agreement about the substance of deviance - even murder and incest have been accepted in certain societies at certain times. When labels are applies to people instead of classes of behaviour, people can become devalued, discredited, and excluded.
Define labelling theory
A form of symbolic interactionism developed by Frank Tannenbaum (1938), labelling theory considers that being identified as an outsider, or social deviant, can cause a person to start thinking about him or herself as “a bad person”, which can lead to the formation of a deviant persona. Social control (labelling) leads to crime.
Define social constructionism
A school of thought in sociology which believes that social phenomena are produced, instituationalized, and made into custom by human interaction