midterm Flashcards
(60 cards)
what are lay definitions?
inclusion vs exclusion - where criminal behaviour is based on common belief and values, excluding behaviours that ware not seen as very harmful
definitions made by agents of the criminal justice system?
laws that are created by law enforcement, judges, based on legal statutes and precedents
sociological definition of crime
focuses on behaviours that violate social norms and subject to social control, societal reactions and labelling
legal definition of crime
acts that are forbidden by law and punishable by the state, federal or provincial legislation
difference between conflict and consensus definitions of crime
consensus: crime arises from commonly agreed-upon norms and values
conflict: ruling class to protect its interests, laws serve the powerful
politicality in characteristics of criminal law
refers to laws being legislated by state, mala in se and mala prohibita
mala in se
acts are bad in themselves, like murder
mala prohibita
acts are bad because they are prohibited, like speeding
specificity in criminal law
the distinction between substantive law (what counts as crime + punishment) and procedural law (rules for providing guilt)
uniformity in criminal law
criminal law is applied equally, without bias
penal sanctions in criminal law
severity of punishment, which reflects the seriousness of the crime
criminal law?
involves prosecution by state for acts forbidden by law, and usually ends in imprisonment
civil law?
disputes between individuals or organizations, usually ends with compensation to one party
crime vs deviance
crime - act that violates criminal law
deviance - behaviour that violates social norms but not illegal
john hagan’s classifications of crime/deviance
- consensus crimes - acts widely agreed as wrong
- conflict crimes - acts criminalized to protect the interests of the powerful
- social deviations - behaviours that violate norms but not crimes
- social diversions - minor norm violations, often tolerated
elements of criminal law
actus reus - the act of committing a crime
mens rea - intent or guilty mind behind crime
types of criminal acts
commission - actively committing a crime
omission - failing to act when there is a legal duty to do so (not filing taxes)
classical and positivist criminology
classical: free will, rationality, legal structure
positivist: scientific methods, biological, psychological factors of criminal behaviour
cesare beccaria
founder of classical criminology, fair and proportional punishments, codified laws, presumption of innocence until proven guilty
lomobroso’s typologies of criminal
atavists, insane, criminaloid, habitual, passionate
atavist
criminals with animal like traits
insane
criminals with mental disorders
criminaloid
occasional criminals influences by social factors
habitual
criminals who use crime as their way of life