Test 1 Flashcards
(42 cards)
1
Q
Define Consensus Crime
- Example
- Punishment
- Harmfulness
- Response
A
Murder
Severe punishment
Very harmful
Capital punishment, prison
2
Q
Define Conflict Crime
- Example
- Punishment
- Harmfulness
- Response
A
Abortion
Debatable everything
3
Q
Define Social Deviation
- Example
- Punishment
- Harmfulness
- Response
A
Alcoholism
Rehab/no punishment
May be harmful
Rehab response
4
Q
Define Social Diversion
- Example
- Punishment
- Harmfulness
- Response
A
?
Non harmful
5
Q
B. Deviance and Crime
Define Deviance
A
Deviance is an action that violates social norms
- Formal deviance is violating enforces laws. Meaning that crime is a social construction.
- Informal deviance is violating folkways or accepted norms
6
Q
Code of Hammurabi
A
RETRIBUTION: taking revenge on a criminal, eye for an eye 1790 BC
7
Q
Age of reason/ Political Revolution
A
DETERRENCE: Cesare Beccaria
- punishment fit the crime
- laws describing punishments
- deterrence will prevent crime because of fear for consequences
- punishment after crime commited
8
Q
Formal Legislation in Canada
A
Statutes/Acts/Legislation
- Formal written laws
Legislatures: those with authority to play with laws
9
Q
Define Statutes/Acts/Legislation
A
Formal written laws
10
Q
Define Legislatures
A
Those with authority to create, modify, appeud laws
11
Q
Legislative Assemblies in Canada
A
Federal Legislation
Provincial Legislation
Municipal/Territorial Legislation
12
Q
Federal Legislation
A
In the parliament in Ottawa, laws apply to whole Canada.
- Taxes
- Export/Import
- Criminal laws
- Immigration laws
13
Q
Provincial Legislation
A
In the actual provinces, applies to those who live there.
- Education laws
- Car laws
- Health care laws
- Employment laws
- Family laws
14
Q
Municipal/Territorial Legislation
A
In the municipality/territory, bylaws, local law. applies to residents of the territory. Deal with local issues.
- Parking
- Lawn watering
- Disturbance
15
Q
Public Law (Basic)
A
Relationships between people and the government
- Constitutional
- Common
- Criminal
16
Q
Private Law (Basic)
A
Relationships between people and people, issues that do not concern the state. E.g. property, contracts.
- Civil Law
17
Q
Constitutional Law
A
Laws that regulate the government, their power and authority. Every law in Canada must conform with this.
Goal: ensure peace, well-being, order, good gov’t
Human Right Law is part of this. Live free without discrimination, no slavery, no torture, right to own property, equality.
18
Q
Common Law
A
Also called Judge-Based Law
Formal laws based on legal precedent
Bonus: Stare decisis
19
Q
Criminal Law
A
Laws that regulate actions that are harmful to interests of the state
3 Offense Categories
- Indictable offence: Murder, serious, big prison time
- Summary convictions: Reckless driving, 6 months prison time and/or a fine
- Hybrid offence: Sexual Assault, Theft of >5000$. Could be both indictable and summary, final decision made by Crown Attorney, based on circumstances.
20
Q
Private Law
A
Purpose: enforce private rights and deals between people
Quebec Civil Code: 10 Books
21
Q
Give 5 examples of Quebec Civil Code Books + explain
A
- The book of Persons (privacy of residence)
- The book of Family (marriage, divorce, adoption)
- The book of Successions (wills, inheritance)
- The book of Property (possessions of property)
- The book of Obligations (contracts, leases)
22
Q
Harm Reduction
A
Introduced mid 90s in order to address opioid crisis
23
Q
Opioid Crisis
A
Prescribed by doctors to treat chronic pain.
- Highly addictive
- More you take, more you need (tolerance)
- Chances of overdose because need to take a lot
- Profits over health mentality of clinics/doctors
24
Q
Insite
A
Vancouver supervised injection site introduces in 2003
- 2003 to 2008
- Sect. 56 exemption of CDSA
25
CDSA
Controlled Drugs & Substance Act
26
Stephen Harper Pledge
Said he won't grant other exemptions in Sect. 56
- Went to court
- 2011 case Canada (Attorney General) vs PHS Community Services Society
- Supreme court ruled that not granting exemptions, breaches Section 7 of Charter of Human Rights to privacy of body and it's health
27
Pros of Harm Reduction
- Respects autonomy of a person to make decisions free of coercion
- Reduces risk of diseases/death (NEED DATA)
- Cost effective for health care system
28
Cons of Harm Reduction
- Does not prevent drug use, enforces it
- Enables addiction pattern
- Encourages drug use
- Harm reduction is a trojan horse for drug reform?
29
A. Understanding Crime Causation & its Solutions
Theoretical Perspectives of where crime comes from
Social Problem Perspective: crime is a result of social problems.
Social Responsibility Perspective: crime is a responsibility of an individual. This perspective includes strict laws, police control and offender accountability. But is it always 100% accurate? Because is it really 100% fault of offender?
30
B. Deviance and Crime
Jerry L. Simmons and Deviance
- Objective
- Based on results, conclusions about deviance
Objective of his study
- Find what is the public perception of deviance.
- 1 open ended question, 252 categories
Based on Simmons’ study-results, what conclusions can we make about deviance?
- Deviance is relative
- Disagreement between deviance
- Time and place matters *
31
A. Understanding Crime Causation & its Solutions
Solutions: Prevention→Intervention→Suppression
Prevention: Before the crime takes place, fix stuff.
Intervention: While it's already active, try to fix, policies.
Suppression: Find the place and fight it. Band aid.
32
B. Deviance and Crime
Categories of Deviance
Social Consensus
Social Conflict
Social Deviation
Social Diversion
33
C. Crime and the Law
Law (definition)
• Why are laws necessary?
Law is accepted set of rules that should be followed to regulate actions of people and which could be enforced with punishment.
Laws exists in order to get away from Code of Hammurabi and enter an Age of Reason.
More specifically, to ensure that no harmful things are done and the interest of the state and the people are kept.
Governs country, people, government.
Deterrence is what makes people not want to break law.
34
C. Crime and the Law
History of Law
Code of Hammurabi: RETRIBUTION
Age of Reason / Political Revolution: DETERRENCE
- Cesare Beccaria
35
C. Crime and the Law
Formal Legislation types in Canada
• Legislatures (definition)
Federal
Provincial
Municipal/Territorial
36
C. Crime and the Law
Public Law includes what laws?
* Constitutional Law
* Common Law
* Criminal law (Indictable/ Summary Convictions/ Hybrid Offences)
37
D. Topics Used for In-Class Discussion
Harm Reduction
a. Objective of this approach
b. Opioid crisis of the mid-1990s in Canada (How did we get to this crisis?)
c. Insite: What services do they provide?
d. Pros/ Cons
e. Section 56 of CDSA (objective)
• In September of 2011, the Supreme Court ruled that...
Provide the justification for their ruling.
Objective: Reduce negative consequences of drug use.
Opioid Crisis: mid 90s, chronic pain prescription, super addictive, overdose, value profit over health.
Insite: supervised injection site in Vancouver 2003-06
- Pros: beneficial for health system, respec decision, reduce overdose deaths and infections.
- Cons: Doesnt reduce but enforces use and addiction.
Section. 56 is the exemption in CDSA for Insite to be legal.
September 2011, supreme court rules that Stephen Harper was violating drug users' human rights.
- Sect 7 of charter, right to security, includes privacy of body and it's health.
38
F. Making Sense of Crime
```
Every criminal event has many causes, but with it, also carries many different meanings at least from the point of view of the ...
• Explain how the ... each play a role in the
causes of a criminal event. (as per the class lecture)
```
Offender: The one who commits the crime, he is the one breaking the law and social norms, making it an official "crime". The responsible. Plays a role in the cause of criminal event by breaking the law or social norm.
Victim: The one who was in the wrong place at the wrong time. The person who might've also provoked the deviance with his actions. Without a victim, there's no crime. Testifies vs. the offender. Plays a role in the cause of criminal event by testifying against the accused, and by being on the receiving end.
Society: The society has norms and influence on the way of thinking. News and trends manipulate the way a person thinks. What is normal and not normal is determined by the society which is a collection of people. Some things are normal in one place and not in another. Plays a role in the cause of criminal event by creating norms and trends, which makes a person who doesn't follow them a criminal.
CJS: Create the laws that if broken, leads to punishment. Meaning that without CJS, there wouldn't be anything to enforce, meaning that punishment could be avoided. Plays a role in the cause of criminal event by creating and enforcing the law.
39
D. Topics Used for In-Class Discussion
Sexual Assault Offences
a. Section 143 “Rape Law” (prior to 1983)
• Legal definition
• Why did this law need to be modified?
b. Sexual Assault Law (as of 1983)
• Legal definition (including all 3 levels-Section 271, 272, 273)
• Canadian police-reported data on sexual assault (2017)
- Most common level of sexual assault reported
- Victims/offenders
- Why do some victims hesitate to report their crime?
c. The objective of the #MeTOO Movement (call-out culture)
Section 143 Rape Law prior to 1983
- Definition: A man who had sexual intercourse with a woman who is not his wife without consent or with consent that was given due to threats or fear for bodily harm, impersonation of husband or false pretence of what the act will be like.
- Problem: For almost 100 years, rape was defined as a
heteronormative crime only punishable outside of marriage
Sexual Assault Law after 1983
Definition: Now in the same section as assault, ranges from unwanted sexual touching to sexual violence resulting in serious physical injury or disfigurement to the victim.
- Level 1: without consent, applies force intentionally directly or indirectly.
- Level 2: This includes sexual assault with a weapon, threats or causing bodily harm.
- Aggravated Level 3: This results in wounding, maiming, disfiguring or endangering the life of the victim.
October 2017 #metoo movement, 2500 reports in one month, higher than any month in 2016 or 2017
Most common level of sexual assault reported:
- 98% is level 1
Victims: 9/10 are female 15-18 highest, 13% male
Offenders: 4/5 victims know the assailant
Hesitant to report:
- Know assailant
- Feel responsible
- Ashamed or embarrassed
- Don't believe in justice system
Objective of #metoo:
Tarana Burke in 2006 was to empower women through empathy, especially young and vulnerable women.
40
a. Section 143 “Rape Law” (prior to 1983)
• Legal definition
• Why did this law need to be modified?
Section 143 Rape Law prior to 1983
- Definition: A man who had sexual intercourse with a woman who is not his wife without consent or with consent that was given due to threats or fear for bodily harm, impersonation of husband or false pretence of what the act will be like.
- Problem: For almost 100 years, rape was defined as a
heteronormative crime only punishable outside of marriage
41
b. Sexual Assault Law (as of 1983)
| • Legal definition (including all 3 levels-Section 271, 272, 273)
Sexual Assault Law after 1983
Definition: Now in the same section as assault, ranges from unwanted sexual touching to sexual violence resulting in serious physical injury or disfigurement to the victim.
- Level 1: without consent, applies force intentionally directly or indirectly.
- Level 2: This includes sexual assault with a weapon, threats or causing bodily harm.
- Aggravated Level 3: This results in wounding, maiming, disfiguring or endangering the life of the victim.
42
• Canadian police-reported data on sexual assault (2017)
- Most common level of sexual assault reported
- Victims/offenders
- Why do some victims hesitate to report their crime?
Objective of #metoo
October 2017 #metoo movement, 2500 reports in one month, higher than any month in 2016 or 2017
Most common level of sexual assault reported:
- 98% is level 1
Victims: 9/10 are female 15-18 highest, 13% male
Offenders: 4/5 victims know the assailant
Hesitant to report:
- Know assailant
- Feel responsible
- Ashamed or embarrassed
- Don't believe in justice system
Objective: Tarana Burke: to empower females through empathy
