Unit 3 – Criminal Law

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

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

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

O Criminal behaviour is a result of suppressed memories, psychological damage (psychological theorists) O Criminal behaviour should only be looked at once a crime has been committed (Interactionist theory) O Individuals’ weak bonds with social institutions leads to a life of criminal behaviour (Social Contract Theorists) O 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 O No one factor can predict criminal behaviour, but there are a number of factors that contribute to the commission of crimes O Age – peak is years O Gender – males are more likely O Poverty – being born into poverty O Parenting – criminal parents; inconsistent or uncaring parenting; family violence; weak parent/child relations

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

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

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

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