Criminology: Defining Crime and Deviance

• Criminologists aim to explain how and why crime occurs.
• Criminologists work with the 3 Ps/Cs (Police/Cops, Prosecution/Courts, Prison/Corrections), criminal statistics, and sociology of law.
• Theory Construction (Etiology) explores the causes or origins of crime, considering biology (genes), psychology (mind), and sociology (context).
• Penology is the study of the punishment of crime and prison management.
• Victimology studies victims of crime and the psychological effects of their experiences.

Defining Crime and Deviance

• The legal approach defines crime as a violation of the Criminal Code, where an act is either criminal or not.
• In Canada, criminal code applies to individuals over 18.
• Indictable offenses (serious) lead to prison, while summary offenses (less serious) result in fines or short sentences.
• The Young Offender's Act (YCJA) applies to individuals aged 12-17; there exist no laws governing those under 12.
• The statistical approach defines deviance as a violation of social norms, where an act is evaluated on a continuum from normal to deviant.
• The definition of deviance depends on social norms, and only extreme cases call for attention, with deviant acts governed by culture.
• Multi-Dimensional Approach considers crime and deviance as violations of social norms and laws.
• Social Consensus signifies agreement about the norm, evaluation of social harm through perceived harmfulness, and amount of sanction/control through severity of response.
• Categories can range from high to now.
• Hagan's Typology aids in understanding how definitions change and helps spot social injustice, which occurs when three dimensions don't align.
• Breaking down dimensions allows to see how social change can be enacted; crime and deviance are socially constructed, relative, and evolutive.
• Limitations include assuming agreement among dimensions, a democratic process, and missing dimensions.
• Visibility of Harm assumes public awareness.

Types of Crimes and Deviance

• Crime involves breaches of the law, while offenses involve violations of morality.
• Summary offenses include serious crimes like robbery, assault, and homicide.
• Indictable offenses include less serious crimes like property offenses.
• Consensus crimes are controlled by regulation (CJS), have a high degree of consensus about their wrongfulness and are perceived to be extremely harmful, which calls for extreme punitive responses (e.g. murder).
• Conflict crimes are controlled by regulation (CJS), have most (not all) agreeing about their wrongfulness, are largely perceived to be harmful, and see disagreements about punishment (e.g. marijuana use).
• Social deviation is controlled by revision (other laws), has disagreements about wrongfulness, is perceived to be somewhat harmful, and leans towards punishment vs. rehabilitation (e.g. swearing, bullying).
• Social diversion is controlled by rejection (social institutions), sees many disagreements about wrongfulness, isn't really perceived to be harmful, and sees informal punishment (e.g. tattoos).
• Consensus and conflict crimes are considered criminal forms of deviance, defined and regulated by the Criminal Code, and enforced/policed by authorities in Canada.

Perspectives on Social Control

• Functionalist Perspective aims to secure integration, social order and stability. It benefits all citizens but is a conservative perspective.
• Conflict perspective looks to exercise social control over the powerless and preserve social hierarchy/dominance, only benefiting the powerful.

Defining Law

Civil law resolves disputes and provides compensation.

• Parties involved include Plaintiff vs. Defendant with the burden of proof being preponderance of evidence.
• Outcomes include monetary compensation, injunctions, and remedies for private wrongs (torts, contract disputes).
• Criminal law aims to punish and deter crime, protecting society.
• Parties involved include Crown (prosecution) vs. Defendant with the burden of proof beyond a reasonable doubt.
• Outcomes include fines, prison, probation, and a record for public wrongs (crimes against society).

Charter and CJS

• The Canadian Charter of Rights and Freedoms sets out necessary rights and freedoms in a free and democratic society.
• The charter is part of the Canadian Constitution, stating the powers of the federal, provincial, and territorial governments.
• Examples of Items on the Candian Charter of Rights and Freedoms (Sections 7-14): life, liberty and security of person, search or seizure, detention or imprisonment, arrest or detention, proceedings in criminal and penal matters, treatment or punishment, self-crimination, and interpreter
• The CJS (Criminal Justice System) involves 3 Ps/Cs and police.

Actus Reus and Mens Rea

• Actus Reus and Mens Rea are two fundamental elements of criminal law that must be proven to establish a crime.
• Actus Reus is the guilty act or the physical component of a crime, actual act or unlawful behavior/omission (assault, theft, child neglect). Focuses on the external observable conduct.
• Mens Rea is the guilty mind or the mental element/state of mind at the time of committing the act, including intent, knowledge, or negligence (intending to harm, planning fraud).
• The Burden of Proof includes evidence. It is an example in a homicide case, a person is on trial for murder and the prosecution provides evidence like DNA evidence surveillance footage, motives, witness, testimonies.
• The "Beyond a Reasonable Doubt" clause states that if the defense's argument consists of vague claims the jury can conclude no other plausible explanation fits the facts and would find them guilty because the evidence points to their guilt.

Prosecution and Statutory Law

• Prosecution is the carrying out of Statutory Law.
• Statutory Law is written law created by the legislature.
• Examples of Statutory Law are The Criminal Code of Canada, The Controlled Drug and Substances Act (for drug offences), The Fire Arms Act(for the control of firearms and restricted weapons), The Canadian Environmental Protection Act, The Canada Revenue Agency Act (for income tax offences), and The Canadian Customs and Border Services Act(for border security). 
• Common/Case Law is law created through rulings.
• It is not written down as legislation or by a statute and bases future cases on past cases/rulings.
• Common/Case Law isn't found in any statute or body of legislation, but in past decisions.
• It adapts to changing circumstances and focuses on precedents.

General Method of Knowing

• Rationalism discovers truth through reasoning.
• Empiricism discovers truth through observation.

Perception of Knowing

• Logic relates to Rationalism.
• Observation and Experience relate to Empiricism.
• Authority relates to Obedience.
• Consensus relates to Conformity.

Agents of Socialisation

• Socialisation integrates someone into a culture.
• Family and Parents
• School and Teachers/textbook
• Mass Media i.e. Television/movies/newspaper
• State i.e. Laws and Policies
• Agents of socialisation define crime and deviance.
• Agents of socialisation shape our perception of crime.

Explore the field of criminology, its core components, and the definition of crime and deviance. Understand the legal and statistical approaches to defining crime, the Canadian Criminal Code, and the Young Offender's Act. Investigate the roles of theory construction, penology, and victimology in understanding criminal behavior.