Unit 3 – Criminal Law

The Nature of Crime Definition: Any Act or omission defined as criminal under the Criminal Code or related statutes. Defining Characteristics: The State vs. Citizen Violation of a Federal Statute Results in prosecution Carries penalties (fines, imprisonment)

Objectives of Criminal Law Criminal conduct refers to conduct that may harm personal safety and general social order Objectives of Criminal Law To prevent harm to people and property To prevent damage to, and impairment of public institutions and practices; To discourage personal revenge; To prevent and punish sinful behaviour - enforcement of morality

Causes of Crime History Evil and supernatural forces (witches/devil) Morally independent beings who arrive at their decisions through rational thought (Enlightenment philosophers) Factors beyond a person’s control dictate their behaviour (Classical theorists) Crime is a result of scientific theory and statistics (i.e. brain, hormonal powers) that encourages treatment as opposed to punishment

Criminal behaviour is a result of suppressed memories, psychological damage (psychological theorists) Criminal behaviour should only be looked at once a crime has been committed (Interactionist theory) Individuals’ weak bonds with social institutions leads to a life of criminal behaviour (Social Contract Theorists) Sociological theorists: 1. Consensus Theory – universal understanding between right and wrong (i.e. murder) 2. Conflict Theory – morality defended differently by different social groups)

Theory Development Today No one factor can predict criminal behaviour, but there are a number of factors that contribute to the commission of crimes Age – peak is 15-18 years Gender – males are more likely Poverty – being born into poverty Parenting – criminal parents; inconsistent or uncaring parenting; family violence; weak parent/child relations

Peers – delinquent friends can lead to criminal behaviour Education – poor educational performance lowers self esteem and increases emotional disturbance & frustration Employment – lack of employment promotes criminal behaviour

Drugs/Narcotics – leads to behaviour to facilitate the addiction Television (violence in media) – disassociation from reality and over-exposure to violence cause predisposition Diet/Hyperactivity – poor diet can lead to criminal behaviour

& Why Study Crime? Must first distinguish between cause and effect  a reason something happens & Effect May help something to happen Must first distinguish between cause and effect

What is Criminology? Criminology: The scientific study of crime, criminals, criminal behaviour, and corrections. Often concerned with the root causes, and the treatment, of criminal behaviour