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CRM 100 Notes - Instructor : Zahir Kolia
Introduction to Canadian Criminal Justice (Ccrm 100)
Toronto Metropolitan University
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How do we come to know about crime? What exactly is a crime anyway? a) Depends on historical context b) depends on prevailing cultural normsc) How a society perceives crime is
Formal definition of crime : <An act or omission that is prohibited by criminal law= This is also known as the objectivity legalistic standpoint of crime(O9grady) In Canada, this would essentially mean that the study of crime should be restricted to what is continued in the criminal code of canada.
Crime:main elements Two main elements: 1. The commission of an act(actus reus) 2. The mental intent to commit the act(mens rea)
Crime is committed when a person: 1 the actus reus and mens rea 2 not have a legal justification for committing the act 3 of a provision in criminal law.
Offences: 3 main types 3 main types of offences : summary, indictable, hybrid 1. Summary:
Very few 8pure9 summary offences, ex, being found in aless serious, ex, causing a disturbance, or prostitition r common bawdy house(brothel).elated offences. 2. Indictable : More serious :ex, murdar and sexual assult witha weapon.
- Hybrid : The Crown chooses whether to treat as indictable or summary : ex, assault with a weapon.
If you only take the 0-L standpoint of crime: Crime : only defined by legal statutes. Focus : why an individual commits a crime so policy makers it. can create regulations to reduce
0-L Approach : Limited Question: What are some of the negative outcomes of not considecrime in the first place? ring why something is considered a
Cesara Lombroso (1835-1909) Characteristics of criminals :
-A twisted nose -Excessive cheekbones-Long arms -Excessive wrinkles on -The skin-Large jaw -Large chin
Objectives-legalistic theories : focused on the individual Theories of why an individual commits a crime based on a O-L approach : 1. Biological causes of criminality : -Biologically inferior types(Lombroso). -Criminal atavist. 2. Psychological : -Pathology and personality defects : ex , inability to feel shame or guilt. Ex : 8psychopaths9 and serial killers. 3. Sociological -Break social norms due to lack of self-control.
-Moral panic formulates threats as individualises folk devils and thus call for collective solutions. that harm the basis of society
Social Construction in action : opium act -Before 1908: Opiates were not illegal, ex, heroin and cocaine part of many drugs and tonics. -1908 -1929: Parliament passes various anti-drug laws, ex, canadian opium act. -Law tied to racial hostility towards asian immigrants-led by moral entrepreneurs. Reasons for opiate drug laws: -Opium is becoming more popular among white community. -The Chinese were making profits in the opium trade.-Canadian to set an 8international example9 by being against opium trade.
-The 1908 opium act;prime example of a crime being a 8social construction9. -These early anti drug laws=NOT the result of mass social consensus in canada. Rather,it was the result of a moral panic linked to political, economic, and racial motivations. Who or what 8 socially constructed9 crime? If crimes and the rules that respond to them are socially constructed9, who or what construct them? 2 main debated frameworks that explain 8who or what
Consensus/ conflict Consensus The law defines crime Agreement exist on outlawed behaviorLaws apply to all citizens equal
Conflict The law does not necessarily represent the moral values Law reflects the interests of the groups that are in a position to create and enforce them the majority. 8Real Crimes Are not illegal or hold
CRM 100 Notes - Instructor : Zahir Kolia
Course: Introduction to Canadian Criminal Justice (Ccrm 100)
University: Toronto Metropolitan University
