Test #1 Flashcards
(34 cards)
Who is Paul Bernardo
- He was married to Karla Homolka
- He has the most prominent case in Canadian history
What is Homicide
- 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
Murder
- This is the specific intent to take another human being’s life
- This is when you cause the death of another human being
Culpable Homicide
- 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
1st-degree murder
- 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
Second-degree murder
- 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
Manslaughter
- 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
Thunder Bay
- 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
Theories
- 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
Theories and murder
Theories of murder are generally underdeveloped, untested, and unproven
Theories and homicide
Most research on homicide focuses on “factors” that influence or impact the commission of a homicide, such as age, gender, and drugs/alcohol
What are the different motives for murder
-Revenge
- Jealousy
- hate
What are Biological Theories
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
Cesare Lombroso
- He is the so-called “Father of Criminology”
- He developed the “born criminal theory”
- He believed that some people were simply born criminal
What is the born criminal theory
- It posits that the biological characteristics of an individual were an indicator of if they were criminal
What is another word for the born criminal theory
It is also knowns as “activistic criminals
Atavism
This means “evolutionary throwback”
It is most commonly attributed to Cesare Lombroso’s work
William Sheldon
He originated somatotype in the 1940s
Somatotype
- This is also known as the constitutional type, and it refers to the body build of a person
- It is a discredited theory
Mesomorph
- 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
Endomorph
- 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
Ectomorph
- 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
Who was Sheldon heavily influenced by
Ernst Kretschmer
Henry Goddard
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