What is Crime?

What Is A Crime? A crime is an act or omission of an act that is prohibited and punishable under federal statute. Example of an action prohibited by law: Kenny breaks Era’s arm. This is an example of assault causing bodily harm. Example of an omission of an action: Chelsea is stopped by a police officer for speeding. She is asked to produce her driver’s license and registration papers, but refuses. This is an example of obstruction.

Conditions Four general conditions must exist for an act or omission to be considered a crime. The act is considered wrong by society. The act causes harm to society in general or to those who need protection. The harm must be serious! The remedy must be handled by the criminal justice system.

Cultural Differences The definition of crime differ from culture to culture. However, in every society criminal behaviour is viewed as being: anti-social & immoral. There are also many actions that are considered criminal in most societies. I.e., treason (disloyalty to one’s country) i.e., incest (a sexual relationship between siblings, parents or children) i.e., murder (killing another being)

Criminal Code Canada’s first Criminal Code was created in 1892 and copied much of the English It has been revised numerous times to accommodate the needs of changing times i.e., amendments for gun control i.e., elimination of the death penalty i.e., abortion offences i.e., creation of drunk-driving offences

One of the advantages of a codification is the implementation of a constitutional principle that no person can be convicted of an offence unless it has been specifically provided for in a statute This is pivotal in the expression “ignorance of the law is no excuse” is to have any meaning

But in spite of the original intentions of the Canadian codifiers to include all criminal offences, many other federal laws now establish criminal offences as well i.e., Narcotics Act (covers drug offences such as the possession of cocaine)

The code sets out a parameter for punishments It lets Canadian’s know about minimum and maximum penalties for various offences Strangely, while the code is a federal law, the administrations of the criminal law justice system is left to the provinces –it is the provinces that hire and supervise the work of prosecutors and court officials

Civil and Criminal Law

Causes of Crime

Causes of Crime There is no single set of conditions that can be linked to all criminal behaviour Several factors can be associated with criminal activity: Alcohol and drug abuse Poverty and violence at home Mental and emotional disturbance Lack of education A history of association with criminals

Alcohol and drugs Inhibit normal decisions-making faculties Chronic use of these intoxicants can cause a loss of the ability to reason effectively Frequently associated with criminal activity that is unplanned and violent

Poverty and Physical Abuse Mental and emotional disturbances can result from these volatile situations or from other influences

Lack of Education Can result in limitations that for some people lead to extreme frustration Among young offenders, there is evidence of a high incidence of reading and writing disabilities and attention-deficit disorders May be a link between being unable to communicate and compete successfully with peers

Association with Criminals May lead an individual to become involved in that activity Association may be with family members or friends