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78 Cards in this Set
- Front
- Back
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What affects how crime is defined |
Mass media -has greater impact on how the public sees crime -violent, sex, street crime are all most noticeable to the public as they r frequently shown on tv |
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What r criminologist interested in |
-violence, domestic violence -crimes against vulnerable people( elders, kids) -crime prevention, crime in schools -mass murders -crimes depicted in tv dramas -crimes depicted in news and media |
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What are criminologists very concerned about |
The measurement and definitional issues -ask what is crime? -is a measurement of crime reliable? -are statistics published by the government reliable? -do statistics really reflect the nature and volume of criminal offenses? |
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What do criminologist focus on and what does the public focus on |
Criminologist -focus on finding the causes of crime Public -concerned with finding the solutions to crime problems |
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Public's point of view |
More important to know how to prevent crime rather than knowing why some people are more likely to commit crime -see crime as a burning issue to be delt with as soon as possible |
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Criminologist view point |
See crime as a subject of logical and scientific pursuit -look for answers - care about logic and scientific methods |
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What does the public believe in for consequences |
-support the idea of being tough in crime - "an eye for an eye" Doesn't matter whether harsher punishment is an effective deterrence |
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Reintroduction of capital punishment |
Poll in march 2010 -40% supported -46% disagreed Poll in June 2000 -44% supported -43 disagreed |
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Death penalty polls |
July 2016 - 58% of canadians -59% of Americans Considered the death penalty morally right |
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Does capital punishment prevent crime |
No -number of canadians tent to think otherwise |
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What is the cannabis act (2018) |
Into force on Octover 17,2018 Aboults 18 and older will be able to -posses up to 30 grams -share up to 30 grams with other adults - buy dried, fresh of oil cannabis from licensed retailer -make cannabis products such as food or drinks at home -grow up to 4 plants -purchsse online in provinces without regualtee retail framework |
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What are the possession limits to cannabis |
1 gram of dried cannabis is equal to - 5 grams of fresh cannabis - 15 grams of edible product -70 grams of liquid product -0.25 geams of concentrates -1 cannabis plant seed |
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What are the 2 new criminal offenses created by the cannabis act |
Maximum penalties of 14 years in jail for -giving or selling to youth - using youth to commit a cannabis related offence |
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What are the penalties and offences of the cannabis act |
1)Possession over the limit (tickets - 5 years in jail) 2) illegal distribution (tickets- 14 years in jail) 3) producing beyond personal cultivation limits (tickets- 14 years in jail) 4) taking across borders (up to 14 years in jail) 5)giving ot selling to youth (up to 14 years in jail) 6) using youth to commit cannabis related offence (up to 14 years in jail) |
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What are the 3 standard that need to be met to make criminology a scientific discipline |
1) eliminate ambiguity (theories and hypotheses are stated in a form manner) 2) theories must be falsifiable ( chance that the theory can be proved wrong) 3) methods used to collect data, measure and analysis are scientific or at least systematic |
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What do criminologist not study (or rarely) |
1) solve individual crime cases 2) dont make or interpret laws 3)reform criminals |
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What is C-10 |
Governments new crime bill -firmally known as the safe streets and communities act -is comprised of 9 smaller Bill's |
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What are the 9 Bill's that make up the C-10 crime bil (1) |
The protecting children from sexual predators act - know before as bill C-54 - established new minimum penalties for existing offences - increased maximum prison sentences for 4 of these offences -created 2 new offences 1) ban anyone from giving sexually explicit material to children for the purpose of committing a sexual offence against that child 2) ban anyone from using any means of telecommunications to make arrangements with another to commit a sexual offence |
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(2) |
The increasing penalties for organized drug crime act - know before as bill S-10 - provide mandatory minimum penalties for serious drug offence carried out by organized crime -increase max penalty for the manufacture of drugs from 7 to 14 years - move date raps drugs and amphetamines to schedule 1 (creating higher max penalties) |
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(3) |
Protecting the public from violent young offenders act -bill C-4 - make the protection of society the primaner objective if the youth criminal justice act -ask the crown to consider adult sentences for youth convicted of serious violent crimes |
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(4) |
The ending house arrest for property and other serious crimew by cerious and violent offenders act - bill C-16 - propose amendments that would restrict the use of conditional sentences for offences like manslaughter, arson, sexual assault, drug trafficking |
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(5) |
The increasing offender accountability act - bill C-39 - keep families of victims better informed about the behaviour and handling of offenders -autyorize police to arrest without an warrant any offender who appears to be breaking their release conditions |
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(6) |
The eliminating pardons for serious crimes act - bill C-23 - replace the word pardon with record suspension -make certain people ineligible including those convicted of sexual offenses against minors |
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(7) |
The international transfer of Canadian offenders back to Canada act - bill C-5 -prospes amendments to the international transfer of offenders act which would establish factors in deciding whether an offender would be granted a transfer back to canada |
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(8) |
The supporting victims of terrorism act - bill S-7 -permit victims to sure the perpetrators or supports |
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(9) |
Protecting vulnerable foreign nationals against trafficking, abuse and exploitation act - bill C-56 - make it possible yo deny work perminy to people who are vulnerable to abuse or exploitation including exotic dancers, human trafficking victims, low skilled laborers. |
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What is Canada's criminal code for child abandonment |
-anyone who unlawfully abandoned a child under the age of 10 so that its life Is endangered or health is likely to be injured is......
1) guilty of an indictable offence and liable to imprisonment for a term of 5 years tops
2) guilty of an offence punishable on summary conviction and liable to imprisonment for a teen not exceeding 18 months |
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What are the 4 ways crime is defined |
1) legalistic 2)modified legalistic 3) social normative view 4)reactive |
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How does Paul tappan define crime from a legalistic view |
Is an intentional act in violation of the criminal law committed without defense or excuse that can be penalized by the state as a felony or misdemeanor (Can be no presumption that arrested, arraigned, indicted or prosecuted persons are criminal unless they are held quality beyond reasonable doubt of a particular offence) |
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What is a felony or misdemeanor |
Felony (us) = indictable offence (serious offence 5 years) Misdemeanor( us) = summary violation (max 6 months) |
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Reasons for a legalistic view |
-consistent measurement -validity of measure -non- juristic view inconsistent with the moral and legal standard of justice system |
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What are the reasons for convicted criminals |
-adjudicated offenders represent those who have actually violated the law -while they don't represent all offenders their characteristics are representative of law violators in general -convicted criminals are a specific category for the study os punishment and public stigma |
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The relevance of violation of criminal law (as a measure if crime) |
- clear cut and specific - represents standards conforming to predominant needs, desires, and interests of community -an effective means of social control - official reactions -minium standard of conduct |
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When was the first self report study of offenders published |
In the 1940s Austin porterfield |
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Legalistic view |
Only those who have been properly convicted of a crime is a criminal Ex...-Adolf |
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What is modified legalistic view on crime according to Edwin Sutherland |
An unlawful act is not defined as criminal by the fact that it Is punished but by the fact that it is punishable |
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White collar crime in modified legalistic definition |
White collar or corporate offenders are rarely caught and convicted But are still considered criminals under this view |
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What is the anti-trust law |
When corporations work together or make secret deals it is illegal. Anti trust law prevents businesses from working together (Trust is a crime in business) |
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What are the 3 facots that explain why people are soft on white collar crimes |
1) status of businessmen 2) light penalties 3) unorganized public resentment of white collar criminals |
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Look at. |
Convicted + punishable= drinking and driving Convicted + not punishable = falsely assumed Not convicted + not punishable = drinking when over 21 |
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What is the rule of thumb |
A husband could beat his wife with a rod no thicker than the diameter of his thumb ex-wife beating was not a crime |
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Old rape law |
Sexual assault of a women by her husband was not rape Sexual assault of a man by another man was also not rape |
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What was the law of section 143 (consent) of the criminal code before 1983 |
A Male person has sexual intercourse with a female who is not his wife is charged with rape if.... 1) without her consent 2) with her consent if the consent is -extorted by threats -is obtained through impersonating her husband -obtained by false and fraudulent representations as to the nature and quality of the act |
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Section 143 law required |
1) the offender was a man 2) the rape victim was a women 3) must be physical penetration 4) offender must not be the victims husband |
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What is the social normative view |
Crime is equated with anti social behaviour Deviance is violation of social norms Whether a law prohibits a behaviour it not as long as the behaviour is considered anti social, then it is subject of crime |
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Look at chart |
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What is the spanking law (section 43) |
Every schoolteachers, parent or guardian is justified in using force by way of correction toward a child who is under their care is the force doesn't exceed what us reasonable under the circumstances |
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What is the reactive approach |
Focuses on the emerging, changing and conflicting character of norms. While some behaviours are acceptable to some groups they r not acceptialbr in other groups (deviance is a relative matter) |
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What is public law |
Deals with the relations between the government and private citizens or various branches of the government (Constitutional, criminal, administrative laws) Ex. Law that determines the eligibility of an injured worker for compensation |
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What us private law |
Consists of the rules governing the relations among private persons or groups (Business law, contract law, properly law,n tort law) |
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Creating of civil law |
-dedended from laws of Roman empire -use in most European countries -law is primarily based on the written legal code -book of law called Corpus juris civilus (contained all Roman laws) |
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What are the corpus juris civilis 4 sections |
1) the codex (complication of roman legal codes) 2) institutes (textbook that gives guides to jurisprudence) 3) digest (references and circumstances of the enactments of law) 4) novels (new laws created by justinian and expandd by phillips) (included religois moras in his legal codes) |
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What is common law |
Law system is derived from the court's decisions as well as the written code |
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Creation of common law |
-desceneded from the case law of England -law involves case after case -judges make decisions that are consistent with prior judgements or precedents from previous courts of the same level or higher -known as case law (consists of the decisions of judges in prior cases) -unwritten law |
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What is a sefelty period |
Imstes jailed for life must serve a safety period of 18 to 22 years before they are eligible for parole |
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What is a delit and contravention |
Delit (an offense punishable by imprisonment of 1 to 5 years or a fine) Contravention (is a minor offense) |
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What I'd a circuit court |
Judges travelled in a patern of circuit -judhes traveled through the land holding court in village and trading centers |
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What is binding in common law |
If a judge decides that a precent or precious decision apply to a particular case then the previous decision is binding |
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What is statute Law |
May be legislated by the parliament of canada and the provincial legislatures -at municipality level it takes the form of by-laws |
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What is fundamental freedom |
Freedom of consciousness, religion, thought, belief, opinion, and expression Freedom of peaceful assembly and association |
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What is democratic right |
The right of a canadian citizen to vote or to run for office |
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What are mobility rights |
Right to enter, remain in and leave canada and the right to live and work in any province of Canada |
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What are equality rights |
The right ti be treated equally before and under the law. The right to the equal protection of the law and benefit of the law without discrimination |
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What is language right |
Protectd the 2 official languages of canada (french and English) |
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What are summary conviction offences |
-anyone can lay an information before s justice of peace that an offence has been committed by a certain person - a private person can prosecute a summary conviction -info must he laid no later than six months after the offence is alleged to have happened -trials held before a provincial or just of peace court judge -penalty up to 2000 and or imprisonment up to 6 months (Stealling motorbike) |
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What are indictable offences |
-prelimimary hearings to determine whether there is sufficient evidence for a trial -3 methods of trial -harsher than summary conviction and could be more than 6 months (Incest) |
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What are the 3 methods of trial in indictable offenses |
1) by a provincial court judge 2) by a judge without a jury 3) by a judge and jury |
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What is a hybrid offence |
Crown may charge the accused with an indictable or summary conviction offence. The decision to charge eith one or the other depends on the seriousness of the offence, the availability of evidence and the likelihood of conviction (Sexual assult) |
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What is the criminal code |
A compilation of the criminal law as it existed in it's common law format in 1892 -issued by the federal government -decisions are made by the supreme court on a matter in one province is binding on the courts of all the provinces (Federal government has great social control). |
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When was the ablotitij of the material rape exemption |
In 1983 In bill C-127 |
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What is implied consent theory |
Women face permanent consent to her husband upon entering marriage |
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How are views of wife rape formed |
By social and cultural beliefs about sexuality, intimate relationships and marriage and rape myths |
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How is wife rape generally translated |
As bad sec or unwanted sex but not really rape |
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What is the traditional definition of rape |
The unlawful carnal knowledge of a women not ones wife by force and against her will |
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How is consent defined |
Voluntary agreement of the complainant to engage in the sexual activity in question |
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What are the twin myths |
That a women who engaged in precious sex with the accused are less worthy of belief and more likely of consent |
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What does the national labour relations law do |
Protectd employees against corruption by employers and protectd the general public against interferences due to strikes |
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Know |
An unlawful act is not defined as criminal by the fact that it is punished but by the fact that it is punishable |
