Test 1 Flashcards
(36 cards)
Abnormal Behavior is…
Maladaptive
Maladaptive definition
Context, Culture & Age are key elements to take into account
Deviant
Distress & Danger
Dysfunction
Deviant definition
Statistically deviant
Cultural relativism- Behavior is significantly different from socially accepted norms
Negative Connotation
ex- Heroin Use
Distress & Danger definition
Internal feelings of discomfort, upset, and anxiety for this person or others in contact with them
Negative feelings lead to distress- Lead to either self harm of harm of others
May lead to impairments
Dysfunction
Inability to function and cope with everyday demands
DSM-5 Disadvantages
- Overdiagnosis
- Labeling - Excuses for damaging behv., label sticks
- Inclusion of everyday problems- “Minor Neurocognitive Disorders”
- Illusion of objectivity- BF 1972, Homosexuality= In DSM-5
Actus Reus
Guilty Act- Anything that is in the Criminal Code
Mens Rea
Guilty Mind- Intent with which the defendant acted & Committing the act out of free will
Motive
Reason the defendant committed the crime
Homicide- 1st Degree Def + Sentencing
Def: Intentional, Pre-Meditated, Deliberate
Sentencing: Min. Sentence is life in prison (25yrs) w/out parole for 25yrs
Have to Report to parole officer for life.
Sentence stacks- Multiple murders= Multiple life charges
Homicide- 2nd Degree Def + Sentencing
Def: Intentional, Deliberate, Not Pre-Meditated (Any murder that is not 1st Degree)
Sentencing: Life in prison w possibility of parole after 10-25 yrs
Report to parole officer for life
Manslaughter Def + Sentencing
Def: Not Intentional, Not Planned, Not Deliberate (Any Culpable Homicide that’s not Murder/Infanticide)
Sentencing: No Min. Sentence, Max.: Life
If there is a gun involved- Min.: 4 yrs
Accidental deaths are usually 2 yrs sentencing
Manslaughter- Unlawful Act
One causes the death of another by means of unlawful act, but did not have the intent to kill
Manslaughter- Criminal Negligence
One’s act/omission qualified as a “marked departure” from the standard of behavior expected of a reasonable person in the same circumstances. The death/harm done was a foreseeable consequence of the defendant’s act.
Reasonable Person Test
” “: Average IQ
Could “ “ Foresee the death of the victim as a possibility?
IF YES = GUILTY
R.v Tutton
Religious Family that believed in Faith Healing
Son aged 5 has diabetes- To survive: Insulin
MS. Tutton believes her son has healed due to Religious dream-> Stops giving insulin to her son which results in his death
Murder Reduced to Manslaughter
“Dismished Responsibility”
Provocation OR Intoxication
Provocation: Two-Fold Test
- An Ordinary Person would have reacted the same way
- No Cool Down Period
Ordinary Person Def
Relevant and Similar traits to offender
ex.: Gender, SES, Marital status
Impaired Driving causing Death Def
Operating a motor vehicle while the ability to do so is impaired by alcohol or drugs causing death
Standard of Burden of Proof - Level of Proof def + 2 ways
How convinced one must be that something is true In Canada
1. Balance of Probability- 51% convinced
2. Beyond a Reasonable Doubt- 90% convinced
Court Evidence
- Hearsay - 3rd party/Gossip
- Character Evidence - witness to character, family, friends…
- Circumstantial - Places the accused at the scene of the crime
- Direct Evidence - DNA, weapon, contract, eye witness
R.v O.J Simpson
NO DIRECT EVIDENCE - No DNA evidence, No witness, No weapon = Not BARD- Jury not 90% convinced of guilty verdict
In Civil Court, found Guilty, due to Balance of Probability (51%) met
Defense - Necessity
Pressure applied by a situation
Criminal act had to be committed for the greater good
Danger caused by forces of nature or human conducts other than intentional threats of bodily harm.
Ex.: Breaks into house to put our fire, Baby/Dog in a car on a hot day
