SOC 225 FINAL NOTES
Moral blindness: don’t know right from wrong
Criminology: process of making ,breaking law and reaction to breaking laws
Why study? : 3 reasons. 1 it can tell us about our society.2nd reduce crime 3rd crime direct and indirectly affects us all.
Discipline of criminology p12
Federal law> all province law , province appoint judges for lower court(>2 years) < federal gov – higher court(>2years) weed, but bot h wrong)
Severity of response to act: punishment differs for countries
Assessment of degree of harm: whether the crime is harmful to others ( drug use –violence)
Conflict vs consensus theory of law:
Consensus theory: law is based on agreement from majority of ppl what should be illegal.
Conflict: laws are made by elites to protect themselves and control the mass.
Terrorism and green crime is new to criminology field.
Federal parliament can enact criminal law. Supreme court of Canada ruled penalty must be directed towards injury to the public.
Substantive criminal law: legislation defines crime. Criminal procedure: process of penalty making. ( both is part of the criminal code). Criminal code: indictable offences is the most serious. ( can go to court)
True crime: assault etc. Regulatory offence: drugs etc
Common law – judge made law. Due to the parliament impossible to create a law for every situation.
Necessity is known as common law defense p73
Charter of rights and freedom> any piece of legislation. Judges can void legislation if contradicts.
Actus reus: elements in criminal offence besides mental elements. Mens rea: mental elements.
Party to a crime: same intentions 共犯者
Inchoate offence/crime : unsuccessful crime. Counselling: telling someone to commit crime.
Conspiracy: agreement between 2 or more to commit crime.
Necessity: self-defense, duress: commit crime...