Criminology 101: Understanding Crime and Law

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Questions and Answers

What distinguishes regulatory legislation from true criminal law?

Regulatory legislation can impose imprisonment without a fine.

Regulatory legislation lacks the element of 'public evil'. (correct)

Regulatory legislation is enforced only through community service.

Regulatory legislation targets behaviors considered inherently wrong.

Which of the following is characteristic of regulatory offences?

They pertain to activities that are inherently legitimate. (correct)

They are prosecuted through the federal court system exclusively.

They are always associated with serious criminal activity.

They often result in maximum penalties exceeding six months of imprisonment.

Which entity has the exclusive power to enact true crimes in Canada?

Parliament of Canada (correct)

Provincial legislatures

Judicial courts

Municipal governments

What is a common penalty associated with regulatory offences?

Fines or a maximum prison term of six months Signup and view all the answers

In what manner are many regulatory offences sanctioned?

By means of a ticketing system Signup and view all the answers

How are 'true crimes' perceived by the community?

As significant breaches of community values Signup and view all the answers

Which aspect is NOT a characteristic of quasi-criminal law?

It involves serious crimes against individuals. Signup and view all the answers

What does 'quasi' in quasi-criminal law imply?

It suggests laws that are seemingly or partially criminal in nature. Signup and view all the answers

What constitutes the actus reus in criminal law?

The voluntary act or omission of the accused. Signup and view all the answers

Which of the following is NOT a component of the actus reus?

Mens rea Signup and view all the answers

Under what condition can an omission be considered an actus reus?

If there was a pre-existing legal duty to act. Signup and view all the answers

What is required for bodily harm to be established under the Criminal Code?

Hurt that interferes with health or comfort. Signup and view all the answers

What is an example of involuntary conduct that may negate actus reus?

A driver crashing the vehicle due to a bee sting. Signup and view all the answers

Which of the following situations may successfully raise a defense of automatism?

Someone assaulted after being unexpectedly hit on the head. Signup and view all the answers

Which term defines conduct that is not the result of the individual's conscious control?

Automatism Signup and view all the answers

Which of the following is a characteristic of bodily harm as per the Criminal Code?

Requires substantial medical intervention. Signup and view all the answers

What is the primary concern of criminology?

Examining the individuals who commit crimes Signup and view all the answers

Which of the following best describes how consensus theorists view laws?

Laws reflect the will of the majority in society Signup and view all the answers

Which two elements are fundamental to defining a crime?

Prohibition of certain conduct and penalties for violations Signup and view all the answers

How does the legal definition of crime vary across different societies?

It is influenced by local cultural norms and values Signup and view all the answers

Why might some behaviors not be recognized as crimes by a significant portion of society?

There is no social consensus that they are wrong Signup and view all the answers

What role do the police and judiciary play regarding criminal law?

They must enforce existing laws despite personal views Signup and view all the answers

What do conflict theorists argue about the relationship between law and power?

Laws primarily serve those in power to maintain their status Signup and view all the answers

What comprises the body of criminal law?

Legal rules defining crimes, penalties, and principles of responsibility Signup and view all the answers

Which demographic is disproportionately represented in the Canadian prison population?

Indigenous persons Signup and view all the answers

What is a primary reason Indigenous accused individuals experience longer pretrial detention?

Less access to legal representation Signup and view all the answers

What factor can contribute to the overrepresentation of Indigenous peoples in the criminal justice process?

Greater police surveillance in disadvantaged areas Signup and view all the answers

Which statement accurately reflects the status of Indigenous Elders in correctional institutions?

They hold less status than chaplains Signup and view all the answers

What is a common reason for Indigenous individuals pleading guilty in court?

They are intimidated by the court process Signup and view all the answers

In terms of youth custody, which group is significantly overrepresented?

Indigenous males Signup and view all the answers

What percentage of Indigenous females were admitted to youth custody in 2015-16?

44 percent Signup and view all the answers

What challenge do Indigenous accused often face in terms of legal representation?

Less time spent with their lawyers Signup and view all the answers

What is the primary rationale behind strict liability in regulatory offences?

To simplify the prosecution process by removing the need to prove negligence. Signup and view all the answers

Which of the following accurately describes a party to a criminal offence?

An individual can be a party by encouraging another to commit a crime. Signup and view all the answers

What must an individual do to effectively withdraw from a common intention of committing a crime?

Give unequivocal notice to other parties of the intention to abandon. Signup and view all the answers

What constitutes an inchoate crime?

A crime that is planned but never executed. Signup and view all the answers

How does the Criminal Code classify a person who counsels another to commit an offence?

They can be convicted regardless of the actual commission of the crime. Signup and view all the answers

What is required for the defence to be successful in a case involving withdrawal from a criminal act?

Demonstration of reasonable effort to prevent the crime. Signup and view all the answers

What type of crime is conspiracy classified as?

An inchoate crime. Signup and view all the answers

Which of the following statements about criminal attempt is true?

It involves seeking to commit a particular crime without success. Signup and view all the answers

Study Notes

Defining Crime

Crime is socially defined, meaning there is no inherent good or evil in behaviour.
The context of the act determines whether it is deviant and how it should be classified.
Laws and prohibited behaviour vary across societies and time.
Consensus theorists view laws as reflecting the will of the majority, while conflict theorists see them as reflecting power relationships.

The Nature of Criminal Law

Criminology is the study of crime and its perpetrators.
Criminal law defines prohibited behavior and prescribes punishments for violations.
In Canada, crimes are outlined in statutes like the Criminal Code.
Some crimes reflect social consensus, while others may not be widely considered inherently wrong.

Distinguishing True Crimes from Regulatory Offences

True Crimes:
- Involve conduct considered inherently wrong and deserving of punishment.
- Usually carry serious penalties.
- Examples: theft, assault, sexual assault, wilful damage to property.
Regulatory Offences:
- Involve violations of regulations governing legitimate activities like driving, fishing, or business operations.
- Often have less serious penalties, like fines or short jail terms.
- Examples: traffic violations, fishing without a license.

Elements of Criminal Law

Criminal Law includes:
- Definitions of various crimes
- Specification of penalties
- Principles of criminal responsibility
- Defences to criminal charges

Actus Reus - The Criminal Act

Actus Reus: The guilty act, or the physical element of a crime.
Three components of Actus Reus:
- Conduct: The voluntary act or omission that constitutes the crime.
- Surrounding Circumstances: The context in which the act occurs.
- Consequences: The results of the voluntary conduct.

Omissions and Legal Duty

A failure to act can constitute a crime only if the accused had a pre-existing legal duty to act.
Examples: a parent's duty to provide for a child's basic needs.

Voluntariness

For conduct to be considered Actus Reus, it must be voluntary.
Acts resulting from reflex actions or impaired consciousness are typically not voluntary.

Automatism

A rare defense to criminal charges, where the accused claims to have acted involuntarily due to a state of impaired consciousness.

Strict Liability

Certain offenses, usually regulatory in nature, are subject to strict liability.
The Crown does not need to prove mens rea (guilty mind) in these cases, only that the actus reus occurred.

Parties to a Crime

An individual can be found guilty of a crime even if they did not directly commit the act.
Individuals can be considered parties to a crime if they:
- Actually commit the crime
- Aid another person to commit the crime
- Abet (encourage) the commission of the crime
- Counsel (procure, solicit, or incite) the commission of the crime

Common Intention

When two or more individuals share a common intention to commit a crime, they are all considered parties to the crime, even if only one person carries out the act.

Withdrawal from Common Intention

An individual can withdraw from a common intention, but must give unequivocal notice to other parties and take steps to prevent the crime's completion.

Inchoate Crimes

Inchoate crimes are crimes that involve an attempt to commit a crime which is not ultimately completed.
Types of inchoate crimes:
- Conspiracy: Agreeing to commit a crime.
- Attempt: Trying to commit a crime, but failing.
- Counseling: Encouraging another person to commit a crime.

Certain social spaces, often characterized by disadvantage and poverty, may experience increased police surveillance and scrutiny.

Racial Bias in Policing

Police decisions regarding stopping, searching, or arresting suspects can be influenced by race or ethnicity.

Indigenous Overrepresentation in Criminal Justice System

Indigenous people are overrepresented at all stages of the criminal justice system, from arrest to incarceration.

Reasons for Indigenous Overrepresentation

Indigenous people are more likely to:
- Be denied bail
- Spend more time in pretrial detention
- Be charged with multiple offenses, including crimes against the system
- Lack legal representation at court proceedings
- Have less time with their lawyers
- Be incarcerated
Indigenous Elders may not be recognized as spiritual leaders in prison settings.
Indigenous people may plead guilty due to intimidation by the court.

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Description

Explore the fundamental concepts of criminology, including the definitions of crime, criminal law, and the distinctions between true crimes and regulatory offences. This quiz will help you understand how societal views shape laws and the ramifications of criminal behavior in Canada.