Week One Notes Flashcards
(38 cards)
what are the 4 ways to define crime?
legalistic
political
sociological
psychological
explain a legalistic view of crime.
crime is human conduct in violation of the criminal laws
if no law not criminal
explain a political view of crime.
crime is a result of criteria built into law from powerful groups, used to label undesirable forms of behavior as illegal
serves the interest of politically powerful
explain a sociological view of crime.
crime is an antisocial act that’s repression is necessary for the preservation of social order
crime = offence against human relationships
explain a psychological view of crime.
crime is a form of social maladjustment which can be seen as a difficulty than an individual has in remaining in harmony with their social environment.
what are the 3 forms of law?
- criminal
- civil
- administrative
describe criminal law.
regulated actions that have potential to harm interest of the state
explain the 3 types of criminal offences.
indictable = serious crimes
summary = minor crimes
hybrid = dual procedure, either tried as indictable or summary
explain civil law.
enforces private rights and arrangements between individuals
contracts
explain administrative law
regulates daily business activities
warnings and fines
in common law what are incomplete crimes called? explain.
inchoate crimes
- attempted crimes
what are the 3 perspectives on criminality?
consensus
pluralist
conflcit
define consensus perspective on criminality.
most members of society agree on what is right or wrong
not common in diverse nations such as Canada
what are the 4 principles of the consensus perspective?
- most believe in core values
- law reflects collective will of the people
- all people are equal under the law
- criminals are a unique subgroup
explain the pluralist perspective on criminality.
different social groups have their own respective sets of beliefs, interests, and values
most agree on usefulness of law, law = peacekeeping
what are the 4 core principles of the pluralist perspective?
- many social groups with their own beliefs
- general agreement on usefulness of law
- legal system free of petty disputes
- best interest of society represented in law
explain the conflict perspective on criminality.
conflict is a fundamental aspect of social life that can’t be fully resolved.
coerce disempowered to comply with rules established by those in power
laws = tools of powerful to keep others in line.
what are the 5 principles of the conflict perspective on criminality?
- different social groups with different values
- each group = different meaning of right v wrong
- conflict between groups = inevitable
- group conflict is centered on exercise of political power
- law is a tool of the powerful, furthers their interest
what are the 3 elements of a crime?
- criminal procedure
- court
- criminal court
what are the two necessary components of a crime?
actus reus
mens rea
define the actus reus.
physical element of the crime
the act or attempted act
define the mens rea.
the guilty mind
intent behind criminal act
what are the 4 factors regarding crime and deviance?
- cultural relativity
- historical relativity
- contextual relativity
- gender relativity
what was Hagans Pyramid?
a way to understand and categorize different types of crime based on how society views them.