Defining Crime and Legal Concepts

Defining Crime

• Crime is a deviation from societal norms.
• Crime involves breaking a law, which is a piece of legislation created by those in power.
• What constitutes a crime can vary greatly depending on the society and its values.
• Crime is often based on a sense of morality, sometimes appealing to a higher power.
• There are various definitions of crime, including breaking the law and broader social harm.

Enforcing and Defining Laws

• The Criminal Code of Canada, outlining all federal crimes, is outlined in Sections 91 and 92 of the Constitution Act 1867.
• The federal government has sole authority to create, repeal, and amend criminal laws in Canada.
• The Criminal Code defines crime as an act or omission prohibited by law.

Actus Reus and Mens Rea

• Crime occurs when someone commits an act (actus reus) or fails to act (omission) with the intent to commit the act (mens rea).
• Omissions are less common than acts, but they exist in situations involving a duty of care, like with doctors, parents, and lifeguards.
• General intent, where mens rea is assumed, applies to crimes like assault and drug possession.
• Concurrence means the intention must align with the action or violation of law at the same time.

The Social Construction of Crime

• The social construction of crime recognizes that the legal status of behaviors is shaped by societal response, not inherent harmfulness.
• What is criminalized changes over time, as societal perceptions evolve, like with the legalization of marijuana.
• This understanding helps us grasp what constitutes crime and its variability across societies.
• The perception of crime is a complex interplay of economic, political, and social concerns.
• Some laws, known as "zombie laws," are technically illegal but not actively enforced due to lack of resources or priority.

Crimes and Context

• Crimes with clear-cut definitions, like murder, can become nuanced when considering self-defense, killing in war authorized by the state, or actions by law enforcement.

Laws vs Justice

• Law is a formal set of rules established to regulate behaviour.
• Justice, a broader concept based on fairness and equality, aims to address social injustices.
• While laws are created and enforced by the government, justice is subject to interpretation and may differ across individuals and societies.

Equality, Equity, and Justice

• Justice is an abstract concept connected to equity and equality.
• The justice system is designed to uphold legal systems and the values within them.
• The justice system aims to achieve fair and equitable outcomes.

Deviance vs Crime

• Deviance refers to behaviors contrary to societal norms and values, often subject to informal social control, like manners and customs.
• Deviance may be frowned upon but doesn't necessarily result in criminal charges.
• Over time, deviant behaviors that cause harm or damage property can be criminalized.
• Customs can change drastically; for example, in the 1950s, wearing a hat and gloves in church was expected.

Historical Analysis in Criminology

• Criminologists often analyze historical contexts to understand how social, economic, and political factors influence legislation.

The Rule of Law

• The concept of the rule of law dates back to 1215 CE.
• Under this framework, citizens give up certain freedoms in exchange for legal protection from the state.
• This framework relies on legal prosecution to safeguard individual rights and liberties.