Week 1-5: Midterm 1 Flashcards
Since the Ideas of crime and justice are always shifting and changing (time, culture, etc), we can therefore usually say that crime is ______ ________ .
socially constructed
- In Toronto on Sundays from 1912 to 1961, it was
_____ to toboggan in Toronto’s High Park. - Why?
1) Illegal
2) It was the day of mass (church)
What helps define what is a crime?
a) historical context
b) prevailing cultural norms
c) how society perceives crime (shifting, debate)
“An act or omission that is prohibited
by criminal law” is a _____ ______ definition of Crime.
OBJECTIVIST LEGALISTIC
FORMAL DEFINITION OF CRIME / “OBJECTIVIST LEGALISTIC is known as
“An act or omission that is prohibited
by criminal law”
Two main elements of a crime
- The commission of an act (actus reus)
- The mental intent to commit the act (mens
rea).
3 main types of offenses
- Summary
- Indictable
- Hybrid
Types of Crimes that are Less serious (causing disturbance, or prostitution related offences . Very few laws are purely these offences and only 6 months to charge them with a maximum of 6 months in prison)
Summary
Type of crimes that are more serious (ie, murder sexual assault, weapons, etc) and have to appear before a judge or jury which the crown decides (Offenses usually are more serious and charges can be brought to you at any point beyond six months)
Indictable
Type of crimes where the Crown chooses whether to treat as indictable or summary (ie, assault with a weapon, or posession of cocaine)
Hybrid
____ occurs when one;
1. Violates a provision in criminal law
2. Has the actus reus and mens rea
3. Does not have legal justification for the act
Crime
True / False: definition of criminal code
offences are a site of intense legal debate.
True
(Assuming in Canada) ______ % of cases are plea deals
90%
True / False: very few crimes / cases don’t make it to the system or are thrown out because of these time limits on summary offences
False
IF YOU ONLY TAKE THE Objectivist Legalistic STANDPOINT OF CRIME
1. Crime is only defined by _____ ______ .
2 Focus is: ___________________________________
- Legal statutes
- why crime is committed so policy makers can create
regulations to reduce it.
a person’s facial features or expression, especially when regarded as indicative of character or ethnic origin and determining crime
Physiognomy
What are two negative outcomes of not considering why something is considered a crime in the first place?
- You won’t focus on who decides what is a crime
- You wont focus on the broader social context
determining the skull structure as a indicative of character and likeliness to commit crime
Phrenology
This italian “father” of scientific criminology used phrenology / physiognomy to argue that criminality was inherited, and that the “born criminal” could be identified by physical defects, which confirmed a criminal as “savage,” or “atavistic.”
Cesare Lombroso
stigmata (Lombroso)
abnormal or uncommon physical characteristics that predicts an individual as a criminal or not
atavism (lombroso)
persons who were not fully evolved (or earlier forms of man or primates)
- A twisted nose
- Excessive cheekbones
- Long arms
- Wrinkles
- Large Jaw
- Large Chin
are all a part characteristics of a _______ according to ___________
- Criminal
- Cesare Lombroso
3 Types of Theories of why an individual commits a
crime (Objectivist Legalistic Approach)
- Biological Cause
- Psychological Cause
- Sociological Cause
Based on the Objectivist Legalistic Approach: being physically / psychologically an inferior human or being a “Criminal Atavist” is a ______________ of Criminality
Biological Cause
Based on the Objectivist Legalistic Approach: Having Pathology and personality defects such as the inability to feel emotions or remorse is a __________ of Criminality
Psychological Cause
Based on the Objectivist Legalistic Approach: Not being able to conform to socially accepted norms and values (due to environmental conditions or lack of self control) is a _________ of Criminality
Sociological Cause
The notion that the legal status of behaviour is not determined by the behaviour itself, but is the result of the social response to the behaviour.
Social Construction of Crime
A condition, episode, person or group of
persons emerges to become defined as a
threat to moral norms.
Moral Panic
In the early 1900’s Canada’s “Opium Act” is a good example of _______ / or / ______ _____
Social Construction of Crime or Moral Panic
________ Theorists critique the assumption that our laws represent the agreed upon interests and values of society as a whole
Conflict