Unit 3 – Criminal Law

The Nature of CrimeO Definition: Any Act or omission

defined as criminal under the Criminal Code or related statutes.

O Defining Characteristics: O The State vs. CitizenO Violation of a Federal Statute

O Results in prosecutionO Carries penalties (fines, imprisonment)

O Criminal conduct refers to conduct that may harm personal safety and general social order

O Objectives of Criminal LawO To prevent harm to people and

propertyO 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 CrimeO 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 15-18 yearsO Gender – males are more likelyO Poverty – being born into povertyO 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

&Effect

May help somethin

g 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