Criminology Chapter 2

Pregunta	Respuesta
Code of Hammurabi 2000BCE	first written criminal code developed in Babylonia
lex talions	punishment based on physical retaliation
Mosaic Code 1200BCE	covenant b/w do and tribes of Israel in w/h they agreed to obey his law in return for god's care & protection
Roman Law twelve tablets 451 BCE	debt, property, daily matters, formulated in response to pressure from lower class
werglid	medieval law, money paid by offender to compensate victim & state for offense
oath-helpers	middle ages, groups of 12-25 ppl who support accused innocence
crime traditionally was viewed as	personal wrong doings w/ compensation to victims
stare decisis Henry II 1154-1189	principle that courts must follow law established in previously decided cases unless over ruled by higher ppl
common law	early english law developed by judges about tribal custom, feudal rules, practice, rule of behaviour
common law is a	constantly evolving legal code became basis of Can. law
Crimes against a perosn	1. 1st-degree murder 2. Voluntary manslaughter 3. Assault 4.Rape 5. Robbery
Inchoate (incomplete) crimes	Incomplete or contemplated crimes - solicitation 1. Attempt 2.Conspiracy
crimes against property	1. Burglary 2. Arson 3. Theft
Waltham Black Act 1723	punished w/ death from offenses against rural property - arson poaching
Frame Breaking Act	ppl convicted of machine breaking sentenced to death
Before Confederation 1867	not criminal code in Canada, Hudson's BayC. used employees to enforce penal code
Police of Canada Act NWMP	1868 dominion of police 1873 became RCMP in 1920
British North American Act 1867	given power to create criminal statute law, provinces/territories responsible for administration
British North American Act 1867	given power to create criminal statute law, provinces/territories responsible for administration
3 Classifications of law	1. Torts and crimes 2. indictable and summary offences 3. mala in se/mala prohibitum
civil law	property law, contract law, tort law
tort law	law of personal wrongs and damage, negligence, libel, slander
difference between criminal & civil law	crim: power to protect public from harm by punishing ppl who threaten order VS. CIV: harm is private and individuals are compensated by harm done
Criminal law two types	state is harmed by offender 1. Indictable offence 2. Summary offence
indictable offences	a serious offence w/ heavy penalty, murder
indictable offences	a serious offence w/ heavy penalty, murder
summary offence	a minor offence whose penalty is max 6 months in jail/fine
Mala in se	crimes rooted in core values inherent in our culture
Mala prohibitum	crimes defined by current public opinion & social values, subject to change
Mala prohibitum	crimes defined by current public opinion & social values, subject to change
criminal law is	written doe defining crime and punishment, centralized under federal gov.
criminal code includes 5 main concepts	1)social control 2)discouraging revenge 3)expressing public opinion/morality 4)deterring criminal behaviour 5)maintaining social order
folkways	customs w/ no moral values attached ex not interrupting ppl
mores	customs and conventions essential to community, basis for crim. law
3 problems w/ expressing public opinion/morality	1) gauging majority 2)enforcing trivial laws 3) respecting rights of minority
vagrancy	a summary offence crime, meant to prohibit homeless, begging, loitering
general deterrence	measures aimed at convincing potential law violators that pains associated w/ crime outweigh benefits ex. long prison sentence
specific deterrence	punishment severe enough to convince convicted offenders never to repeat their crimes ex. social disapproval
2 parts of the legal definition of crime	1) actus reus 2)mens rea
actus reus	an illegal act of conscious/voluntary control, in affirmative, ex. stealing/shooting ppl, failure to act
mens rea	intent to commit criminal act, needed for most offences except liability
intent	carrying out an act intentionally, knowingly, willingly
transferred intent	an illegal yet unintended act results from intent to commit crime
constructive intent	finding of criminal liability for unintentional act that is result of negligence/ recklessness
strict-liability crimes	illegal acts w/ no need for mens rea; acts that endanger public welfare ex toxic dumping
criminal defences	1)deny actus reus or mens reua 2)necessity, duress, self-defence, entrapment
ignorance/ mistake	an official statement of law that is later repealed ex. bigamy when husband/wife is thought to be dead
mental disorder	a disease of mind includes abnormal condition that implies impaired functioning, not self-induced states
fitness to stand trail	less then 1% of those charged, incapable of making decisions
M'Naghten Rule 1843 legal mental disorder	not knowing the nature and quality of act being performed. ex diff b/w right & wrong
intoxication	1) forced/under duress involuntary intoxication 2) too intoxicated to commit crime
Duress	one of grounds that excuse an accused from responsibility from an act, if it can be shown that accused was forced/compelled by someone else to commit crime
necessity	must break law in order to avoid greater evil caused by natural forces
self defence	justified response to provocative behaviour of victim to protect offenders person/property
self defence must involve 2 things	1)reasonable belief there is danger of death/harm 2)amount of force used must be no greater than necessary to prevent personal harm
entrapment	a criminal defence maintaining that police initiated criminal action
charter of rights and freedom included in constitution act 1982	repatriated from Britain, all laws uphold charter
disclosure 1991	a principle established in stinchcombe, ruled that prosecution must give all evidence gathered by police to defendant in order to make complete defence to charges
changing criminal law	gambling, marijuana
Assisted suicide obitiatry Euthanasia	Canada - deny right to death -Oregon, Netherlands, Belgium, Switerland
Stalking	criminal offence of following or harassing a victim even though no actual assault or battery has occurred
break ups stalking Women stalked in 5yrs friends stalking ex-partners stranger	10% 11% 23% 17% 25%
Cyberstalking	use of internet, email, other electronic communication devices to stalk another person
sex offender registration	Requirement that released offenders register w/ police, report to them, & keep police informed of whereabouts
community notification	Legislation that requires convicted sex offenders to register w/local police when they move into an area/neighbourhood
three strikes	is a dangerous offender
National DNA Databank	Collects DNA from all convicted offenders
Corporate Crime Westray Bill	makes organizations criminally liable when seniors offiers commit/ not stop a crime penalty $100000

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