Vocab
Criminology |
Body of knowledge regarding crime. Process of making/breaking laws. Multidisciplinary approach using scientific methods. |
Criminologist |
Explains crime by looking at its origin, extent, and in society. |
Criminal Justice Scholar |
Describe/analyze work of police, courts, and corrections and how to design effective methods of crime control. |
Deviance |
Departs from social norms but are not criminal. (ie. speeding, jay-walking, etc.) |
Crime |
Violation of an explicit codified law that is enforced by gov't bodies. |
Instrumental Crime |
Serving a purpose (ie. stealing a blanket on a cold night) |
Expressive Crime |
Illegal activity serving no purpose (often violent), express frustration. |
Inchoate Crime |
Incomplete offenses. |
Attempt |
Attentional act for committing a crime that is more than mere preparation. |
Conspiracy |
Voluntary agreement to commit an act using means forbidden by law. |
Deterrence |
Preventing crimes before they occur through threat of punishment. |
Wigmore Test |
States that the communications must originated in a confidence that they will not be disclosed, benefit must be greater than the injury. |
Elements to be Found Guilty
Actus Reus - "guilty act" |
Mens Rea - "guilty mind", refers to criminal intent. |
Transferred Intent: When the intentional harm of one victim unintentionally causes harm to a second victim |
Strict/Absolute liability - does not require presence of Mens Rea |
Psychological Trait Theories
Psychodynamic |
Unconscious personality developed in early childhood will influence behaviour for the rest of our lives. Explains early onset of crime, focuses on mental disorders, personality development, unconscious motivations, drives. |
Behavioural |
People commit crimes when modelling behaviour after others, explains the role of society in the crime process and how the media can influence crime/violence |
Cognitive |
Individual reasoning process influence behaviour. Explains why behaviour patterns change over time as we develop higher reasoning, might explain aging out. Focuses on perception and cognition. |
Support for Victims
Victim Impact Statements |
Used to give victims a voice in the justice process |
Victim Compensation |
Vary by province |
Pretrial Safety |
Peace bonds, RO's, publication bans, etc. |
Victim Offender Reconciliation Program |
Age and Crime
Aging Out |
Frequency of offending goes down as populations age. |
Early Onset |
People who are deviant at early ages are more likely to become persistent offenders. Men are more likely to commit homicide between ages 18-25, women between 25-29. |
Desistance |
People commit economic/drug crime beyond the age of desistance. |
Crime Trends
Age |
Generally young males, ages 15-25 |
Race |
Relationship is unclear |
Indigineity |
Much higher levels of victimization |
Economy |
Reduction in inequality associated with decreasing crime rates. Recession may reduce crime temporarily (people are too busy staying at home with kids or finding new jobs) |
Social Malaise |
More community wellbeing is associated with lower crime rates |
Culture |
Cooperative vs. Independent cultures. Cultures built around community, trust, and respect have lower crime rates. |
Drugs |
Increased drug use may affect crime (1 in 10 homicides were related to drug trafficking/conflict) |
Law/Policy |
"Tough on crime" approach and selective incapacitation may lower crime rates. |
Limitations of the UCR
Under-reporting of crimes |
How police respond to crime |
What behaviours the law considers criminal |
Sensationalized coverage that impacts policy or enforcement |
Mala
Mala in Se |
Rooted in core values inherent in culture. Designed to control behaviours such as inflicting harm on others, possessions belonging to others, and harming other's property. |
Mala Prohibitum |
Laws that reflect current public opinion and more relative social values concerned with acts that are immoral because it is illegal, not illegal because it is immoral. |
Categories of Offending
Indictable Offenses |
Serious offenses, no limit to when charges can be laid, more serious punishments include life in prison, may have mandatory minimum penalties. |
Summary Offenses |
More minor/petty offenses (disturbing peace, loitering), 6-month limit for prosecution, max punishment is a fine and 6 months in prison. |
Hybrid Offenses |
Can be dealt with as summary or indictable (impaired driving) |
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Criminal Stats (criminal trends)
Sociology of Law |
History/origins o law and what factors influence law in society |
Theory of Construction |
Understanding the cause of crime rates and trends, predictive |
Criminal Behaviour Systems |
Nature/cause of specific crime patterns (why a crime occurs) |
Penology |
Correction/control of criminal behaviour, 2 groups: rehabilitation or capital punishment |
Victimology |
Nature/cause of victimization. Studies victims and how to help/guide them through the justice system. |
Criminal Defenses
No Actus Reus |
Falsely accused, didn't do the act, seen often in wrongful conviction cases. |
No Mens Rea |
No intention of doing the act, lacked capacity to be held responsible, ignorance, mental disorder, intoxication (excuses) |
Justification |
Did it, intended to do it, but the act was justified out of necessity, duress, self-defense, or entrapment. |
Ignorance of the Law |
Not an excuse. Public is expected to be aware of the laws. Can only be used in defense cases where the government has not made the public aware of new laws. |
Ignorance or Mistake of Fact |
Can be used as an excuse, unaware of underlying facts. There's a burden placed on some crimes to make yourself aware of all facts before proceeding. "Consent no Defense" - a person must take all reasonable steps to ascertain a person's age before ignorance can be used in a defense where the person is under age of consent. |
NGRI (not guilty by reason of insanity) |
Ended in 1992. Person found NGRI could be held indefinitely, doesn't result in acquittal, can be detained in a psychiatric facility, can live in a supervised community until deemed safe to reintegrate. Must be fit to stand trial. |
M'Naughten Rule |
An accused cannot be held legally responsible if they 1. Do not know what they are doing is wrong, 2. Cannot distinguish right from wrong. |
Self-Induced Intoxication |
Can't be used for violent offenses. 2 Exceptions: 1. If someone is intoxicated by force, mistake, or under duress, they can use intoxication as a defense, 2. If specific intent is needed for the mens rea of the offense. |
Duress |
In cases where an accused has been threatened by another party with death or serious bodily harm. Cannot be argued in cases where the accused does serious harm to another person to save themselves or others. Threat must be immediate, accused cannot be part of the group planning the offense. |
Necessity |
The law must be broken to prevent a "greater evil." Will never justify the intentional killing of another person. |
Self-Defense |
Just enough force as necessary to protect oneself against unprovoked assault. Can be used to justify violent crimes like murder. 2 conditions: 1. Must have reasonable belief that they are in danger and using force will prevent the harm, 2. Amount of force used must be no greater than necessary. Can be used to defend property from trespass and to defend a third party. |
Criminal Cases
Rex v Scofield |
Scofield charged with burning down a house he was renting. He was unsuccessful and argued it wasn't a crime. Court decided he was still guilty and came up with inchoate crime category. |
Kenneth Parks (automatism) |
Acquitted of killing Barbara Woods. Special case because while he violated others, he did not think of doing so. He could not control his actions. |
Morris Case |
Charged with assault for grabbing his wife's neck during an altercation, was trying to stop her from jumping out of his moving vehicle. |
R v Dudley and Stephens, vs Martin Hartwell |
Both cases involved cannibalism, but in Dudley and Stephens, they killed in order to survive. |
R v Lavallee |
Shot her abusive partner in the head, charged with murder but acquitted due to active precipitation. Her partner told her that if she did not kill him, he would kill her. |
Elliot Rodger |
Founder of incel ideology. Went on a rampage and killed 8 people, argued that he was treated poorly by women and POC, claimed his victims harmed him first. Killed himself after the rampage. Case of passive precipitation because his victims didn't actually harm him. |
Klippert v The Queen |
Charged with acts of gross indecency, the crown applied to have him declared as a dangerous sexual offender who was likely to reoffend. |
R v Sharpe |
Sharpe was arrested in 1995 after customs discovered nudes and other sexually explicit material. Charged with 2 counts of possessing and distributing child porn but was acquitted in 1999. Court found a need for exceptions in certain cases: for material that have artistic, educational, or scientific merit, and for personal material that do not involve children. |
Social Disorganization Theory
Theory Definition |
Crime rates result from the ecological conditions/characteristics of neighborhoods. Highly transient, mixed-use neighbourhoods, changing/poor neighbourhoods. Residents usually try to leave at the first opportunity since its not a good place. |
Transitional Neighbourhoods |
An area that undergoes a shift in population and structure, usually moving from middle-class residential to lower-class mixed use. |
Cultural Transmission (sub cultural values) |
The passing down of conduct norms from one generation to the next (stable and predictable over time.) |
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Views of Crime
Consensus |
Criminal behaviour is violation of criminal law. It is not a crime unless prohibited by criminal law. |
Conflict |
Society is in constant conflict, crime is controlled by wealth, power and position, not moral consensus. Crime is a political concept. |
Interactionist |
1) people act according to their own interpretations of reality 2) people learn meanings based on other's reactions 3) people re-evaluate their own behaviour according to other's reactions. |
Crime reflects the preferences and opinions of people who impose a definition of right and wrong on the rest of society. Crimes are not inherently evil, just defined that way. Crime has no meaning unless people react to it.
Role of the Crown
Primary Duty |
To ensure protection process is fair to all, evidence is presented thoroughly and accurately, and the independence and integrity of the justice process is maintained. |
Victims and the Crown |
Crowns are not lawyers for the victim, victims still have rights in the justice system. Victims have the right to: information, protection, participation, and restitution. |
Ethical Obligations |
Crown: present all evidence in an impartial way. Defense: bound by code of conduct as officers of the court but act in the best interests of their client. |
Ethics
Russel Ogden |
Masters student at SFU, wrote thesis on euthanasia, looked at a patient who died under mysterious circumstances, believed a doctor helped their death. Police asked the student for all his research but Ogden refused as he promised confidentiality. Police took him to court and was told he needed to surrender all research to the police. |
Brucket and Parent (Luka Magnotta) |
Was a murderer who killed a Concordia student and sent body parts through the mail. Police were unable to find him anywhere in Canada and launched a manhunt. A research assistant came forward and said they interviewed Magnotta 5 yrs ago, but because of confidentiality did not know which interview was his, so they had to surrender all interviews. Judge found that the interviews must be part of the Wigmore test. Judge conducted wigmore test and found that disclosing the personal info from the interviews would not help the police enough. |
Power imbalances between institutions and researchers could put subjects at risk. Focus on minorities could influence public perception, leading to aggressive policing. Leads to racial bias and discrimination. Should it ever be possible to deceive subjects?
Criminal Law
Laws against the state protecting the public from offense against social order. |
-State brings the action forward |
-Victim has small role in process |
-Burden of proof is on the state, must be proved beyond reasonable doubt |
Civil Law
Property Law |
Governing transfer and ownership of property |
Contract Law |
Personal agreements |
Tort Law |
Personal wrongdoings and damage (civil action of someone seeking compensation for what they've faced) |
Standard of Proof |
Balance of probabilities |
Ecology of Crime
Climate |
Higher rates of crime during warm summer months (people are more social, on vacation with homes unattended, teens out of school) |
Temperature |
Homicide rates increase during heat waves. |
Region |
Violent crime is more likely to occur in West vs. Eastern provinces. Smaller cities in Canada have higher rates of violent crime whereas big cities in US have higher violent crime. |
Precipitation
Active |
When victims use threats or attack first. Can be used as self-defense. |
Passive |
When a victim unknowingly threatens or encourages the attacker. |
Victim Lifestyle Theories
Equivalent Group Hypothesis |
Criminals and victims are not separate groups. |
Proximity Hypothesis |
People become crime victims because they live close to criminal populations |
Deviant Place Hypothesis |
Crime has natural areas (poor, densely populated, etc.) |
Victim Lifestyle Theories
Equivalent Group Hypothesis |
Criminals and victims are not separate groups. |
Proximity Hypothesis |
People become crime victims because they live close to criminal populations |
Deviant Place Hypothesis |
Crime has natural areas (poor, densely populated, etc.) |
Strain Theory
Conformity |
Where individuals are embracing conventional social goals by society and are able to attain those goals. |
Innovation |
Individual accepts goals of society but aren’t able to achieve them through conventional means. Forced to adopt an innovation solution in order to meet the set goals. Might go off on their own or choose to engage in criminal behaviour as well. |
Ritualism |
When social goals are lower in importance, don’t care to achieve those goals even though they have the means to, might find new organization with new goals. Turn to religion/cults, includes pyramid schemes. |
Retreatism |
Both rejecting goals that society has and unable to achieve those goals. |
Rebellion |
Substitution of alternative sets of goals and means to achieve those goals. Meant to create alternative lifestyles, more radical. Example: French Revolution. |
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