Week 1 Flashcards

0
Q

What is The Criminal Code of Canada?

A

An Act that codifies criminal offences and procedures in Canada, which forms a section of the Constitution Act of 1867

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1
Q

Define objectivist-legalistic

A

Definition of crime to be factual and precise; it defines crime as “something that is against the law”

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2
Q

Define criminal law

A

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

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3
Q

Define criminologist

A

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

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4
Q

Define social consensus

A

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

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5
Q

Name three types of law

A

Administrative law, Civil law, Criminal law

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6
Q

Name the two approaches to defining crime

A

Objectivist-legalistic and social-reaction

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7
Q

Define Administrative law

A

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

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8
Q

Define civil law

A

The branch of legal system that deals with arrangements between individuals, such as property disputes, wills, and contracts

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9
Q

Name the 3 main categories in the Criminal Code of Canada and an example for each

A

(1) Crimes against person (eg homicide)
(2) Property crime (eg theft over $5000)
(3) Offences (eg illegal drugs)

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10
Q

In order to be ruled as guilty, you must have 2 of the following:

A

Actus reus (commit “evil” act) and Mens rea (have “evil” mind/intent)

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11
Q

Who are considered unable to form “mens rea”?

A

Children under 12 and “insane”

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12
Q

Define deviance

A

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.

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13
Q

Define labelling theory

A

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.

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14
Q

Define social constructionism

A

A school of thought in sociology which believes that social phenomena are produced, instituationalized, and made into custom by human interaction

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15
Q

What are some examples that it’s not always true that “criminal” behaviours cause harm the society?

A

Professional malpractice is not illegal and behaviours like smoking drugs doesn’t directly affect the society

16
Q

Define social reaction and some examples

A

The meaning of crime varies across social and cultural contexts. Behaviour considered criminal in one society may be acceptable to people in a different society.

Examples: Drugs in Singapore v.s the Netherlands and Adultery in Iran v.s Canada

17
Q

What do conflict/critical criminologists pay attention to?

A

Social class, race, and gender, and dynamics/conflicts between them

18
Q

Define moral regulation

A

Michel Foucault’s view, in keeping with the social-reaction definition of crime, is that the social regulation of behaviour is not based on consensus but is meditated by a complex system of social institutions that reward and punish people, thus defining what is right and what is wrong for society, encouraging certain forms of behaviour while discouraging others

19
Q

Explain who and why was the Canadian Opium Act in 1908 created.

A

After traveling to B.C, Deputy Minister of Labour MacKenzie King had 4 main concerns and decides to make the opium trade illegal. There were no solid evidence to suggest concern of drug use and their effects. The Act was mainly cause by political opportunism.

20
Q

What did the Ontario Safe Streets Act prohibit and why did it raise controversy and debate?

A

It prohibited various forms of panhandling and acts like “squeegee-cleaning of windshields”. The controversy was that the Act discriminates against homeless and poor, the streets are no more safer than before, and homeless youth can benefit from these “jobs”.