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Murder in Canada > Test #1 > Flashcards

Test #1 Flashcards

1
Q

Who is Paul Bernardo

A
  • He was married to Karla Homolka
  • He has the most prominent case in Canadian history
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2
Q

What is Homicide

A
  • Homicide refers to the broad act of killing another human being
  • It has different levels of specific intentions or circumstances
  • It is the legal term that is used to define the classification of murder
  • Homicide is classified as first-degree murder, second-degree murder, and manslaughter
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3
Q

Murder

A
  • This is the specific intent to take another human being’s life
  • This is when you cause the death of another human being
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4
Q

Culpable Homicide

A
  • When someone causes the death of another human being
  • By criminal negligence
  • Wilfully frightening the human being (child, or a sick person)
  • An unlawful act
  • First-degree murder, second-degree murder and manslaughter or infanticide are all forms of culpable homicide
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5
Q

1st-degree murder

A
  • A homicide that is both planned and deliberate. An example of this is contract killing or “murder for hire”
  • This MUST be premeditated
  • The premeditation does not have to be complex but the accused must “think” about their actions and the consequences of their actions
  • A killing committed during a hijacking, sexual assault, kidnapping, hostage taking, terrorism, intimidation, or criminal harassment.
  • Any offence committed on behalf of a criminal organization E, G. Hells Angles
  • First-degree murder carries an automatic life sentence with no possibility of parole for 25 years
  • The killing of an on-duty police officer or prison employee is considered first degree murder
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6
Q

Second-degree murder

A
  • Generally, a deliberate killing that occurred without planning and does not fall under any of the categories of first-degree murder
  • The minimum sentence is life in prison with no parole for 10 years, but the sentence can be as long as life in prison without parole for 25 years
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7
Q

Manslaughter

A
  • A homicide committed without the intent, although there may have been an intention to cause harm. There are two broad categories of manslaughter

1 - Unlawful Act - When a person commits a crime that unintentionally results in the death of another person. For example, someone fired their gun carelessly in public and unintentionally kills a bystander

2 - Criminal Negligence - When the homicide resulted from an act or a failure to act that showed wanton or reckless disregard for the lives of others

  • In some instances, a murder charge may be reduced to manslaughter in the mental faculties of the perpetrator were impaired or if the homicide was committed in the heat of passion
  • Sentence - Manslaughter carries no minimum, except when it is committed with a firearm, in which case the minimum sentence is four years in prison
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8
Q

Thunder Bay

A
  • Thunder Bay had 8 murders. One of the key factors in the murder is the drug trade
  • Thunder Bay police services have been under fire for allegations of racism toward indigenous individuals
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9
Q

Theories

A
  • In the late 19th and 20th centuries theories focused on biological and individualistic explanations of homicide, gradually moving towards more environmental or sociological explanations
  • Most research on homicide, such as age, gender, and drugs/alcohol
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10
Q

Theories and murder

A

Theories of murder are generally underdeveloped, untested, and unproven

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11
Q

Theories and homicide

A

Most research on homicide focuses on “factors” that influence or impact the commission of a homicide, such as age, gender, and drugs/alcohol

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12
Q

What are the different motives for murder

A

-Revenge
- Jealousy
- hate

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13
Q

What are Biological Theories

A

Biological theories assume:
- Criminal tendencies are genetic and can be inherited
- Investigation of a person’s genetic material, brain, or body will reveal criminal or homicidal tendencies

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14
Q

Cesare Lombroso

A
  • He is the so-called “Father of Criminology”
  • He developed the “born criminal theory”
  • He believed that some people were simply born criminal
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15
Q

What is the born criminal theory

A
  • It posits that the biological characteristics of an individual were an indicator of if they were criminal
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16
Q

What is another word for the born criminal theory

A

It is also knowns as “activistic criminals

17
Q

Atavism

A

This means “evolutionary throwback”

It is most commonly attributed to Cesare Lombroso’s work

18
Q

William Sheldon

A

He originated somatotype in the 1940s

19
Q

Somatotype

A
  • This is also known as the constitutional type, and it refers to the body build of a person
  • It is a discredited theory
20
Q

Mesomorph

A
  • This is the middle one
  • You are athletic, muscular, and aggressive
  • They are more likely to commit crimes of violence such as assault or homicide
21
Q

Endomorph

A
  • This is a heavy build
  • They are slow and therefore less likely to commit violent crimes
  • They are more likely to engage in property offences
22
Q

Ectomorph

A
  • They are lean and fragile
  • They have a delicate bodies with droppy shoulders
  • They are said to be more intellectual and will commit crimes such as embezzlement and fraud
23
Q

Who was Sheldon heavily influenced by

A

Ernst Kretschmer

24
Q

Henry Goddard

A

He proposed that feeble-mindedness was genetic

It was the source of what he referred to as degeneracy including behaviours such as alcoholism, criminal behaviour, prostitution, and sexual promiscuity

25
Q

The Trauma Control Model

A
  1. Pre-dispositional Factors
    - Biological & Psychological
    • Trauma Event
    • Social Rejection
  3. Low Self Esteem
  4. Dissociation
  5. Facilitators (drugs)
  6. Fantasy (Humiliation)
  7. Trauma Re-Inforcers
26
Q

What are the branches of the social learning theory

A
  1. Social leaning Theory
  2. Social Control Theory
  3. Labelling Theory
27
Q

Social Learning Theory

A
  • This suggests that people learn their criminal behaviour through close relationships
  • The idea that people are born good and learn to be bad
  • The more prominent forms of social learning theory are a differential association, differential reinforcement theory, and neutralization theory
28
Q

Learning Murder

A
  • Katz outlines the steps involved in killing as a means to overcome humiliation and lost power
  • The act of murder is an act of sacrifice to restore the humiliation
  • Humiliuation created frustration
29
Q

Neutralization Theory

A
  • Gresham Sykes and David Matza
  • Delinquents and criminals hold conventional values and attitudes
30
Q

Techniques of Neutralization

A
  1. Denial of responsibility
  2. Denial of injury
  3. Denial of victim
31
Q

Labelling Theory

A
  1. Labelling theory
    - Criminal Career Formation
    - Destructive social interactions and encounters
  2. Roots
    - Symbolic interaction theory
  3. How people view reality
    - Content of the messages and situations they encounter
    - Subjective interpretations of these interactions
    - How they shape future behaviour
  4. Variety of symbolic labels
    - Define the person
    - Dangerous, dishonest
  5. Valued labels versus negative labels
    - improved self-image and social standing
  6. Labeling immediate results
    a. Affecting one’s treatment at home work or at school
    b. Eligibility for employment severely restricted
    c. Official sanctions ranging from a mild reprimand to incarceration
32
Q

Crime and Labeling Theory

A
  1. Labeling Theorists
    - Interactionist definition of crime
    - Social audience’s reaction to people and their behavior
    - Subsequent effects of that reaction
33
Q

Differential Enforcement

A
  1. Law differentially applies
    - Benefit economic and social power
    - Penalizing the poor
    - Control of legal authority
    - Males, minority group members

Major premise of labeling theory is that the law is differentially constructed and applied

34
Q

Becoming Labelled

A
  1. Now why do people engage in crime
    - The labelling
    - Key tenet of the theory
  2. Concern
    - Criminal career formation
    - Not the origin of criminal acts
  3. Social distance between the labeler and labeled
    - Race, class and ethnic differences
    - Power
  4. Not all labelled people - crime
    - Homosexual, mentally ill, and mentally deficient

Murder in Canada (2 decks)

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