Homicide and Murder: Canadian Law Overview
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Questions and Answers

What was the main illegal activity associated with Madoff Investment Securities?

  • Tax evasion
  • Ponzi scheme (correct)
  • Wage theft
  • Bribery

Walmart was fined $24 million for wage theft in 2012.

False (B)

What theory suggests that a person's behavior is influenced by the people they associate with?

Differential association

According to Gabrial Tarde's Imitation Theory, the law of __________ states that new behaviors gradually replace older ones.

<p>insertion</p> Signup and view all the answers

Match the following types of sanctions with their descriptions:

<p>Formal sanction = Arrest or legal penalties Informal sanction = Social judgment or disapproval Direct sanction = Immediate punishment from authority Indirect sanction = Social disapproval from peers</p> Signup and view all the answers

Which of the following is NOT a type of containment as described by Ivan Nye?

<p>Environmental containment (B)</p> Signup and view all the answers

Subterranean values are mainstream values that people act on in society.

<p>False (B)</p> Signup and view all the answers

What term describes a person who sells stolen goods?

<p>Fence</p> Signup and view all the answers

What is the maximum sentence for manslaughter?

<p>Life sentence (B)</p> Signup and view all the answers

Infanticide has a maximum sentence of 10 years.

<p>False (B)</p> Signup and view all the answers

What percentage of trials may result in acquittal due to trial errors?

<p>20-25%</p> Signup and view all the answers

A primary contributor for being a victim of cybercrime is the lack of __________.

<p>target guardianship</p> Signup and view all the answers

Match the following crime types with their definitions:

<p>Burglary = Lack of person-person confrontation Fraud = Unlawful use of deception Theft = Does not involve use or threat of force Cybercrime = Fraud, harassment, and intimidation in digital spaces</p> Signup and view all the answers

Which of the following men reinforced the importance of mens rea in criminal law?

<p>VallanCourt (B)</p> Signup and view all the answers

White collar crime only refers to crimes committed by large corporations.

<p>False (B)</p> Signup and view all the answers

What is the crime committed by Edward Sutherland known as?

<p>White Collar Crime</p> Signup and view all the answers

The description of a crime committed by a respectable person in the course of their work is known as __________.

<p>White Collar Crime</p> Signup and view all the answers

What percentage of all homicides in Canada are attributed to social disputes?

<p>80% (C)</p> Signup and view all the answers

Which theory suggests that the characteristics of the offender and victim may share similarities?

<p>Lifestyle Model (D)</p> Signup and view all the answers

Victimology is a well-established sub-discipline of criminology that has been around for over a century.

<p>False (B)</p> Signup and view all the answers

Who is recognized as the 'father' of victimology?

<p>Benjamin Mendelsohn</p> Signup and view all the answers

The __________ Act in 2015 outlined the rights of victims in Canada.

<p>Victims Bill of Rights</p> Signup and view all the answers

Match the following victim characteristics with their descriptions:

<p>Age = Young people are more likely to be victimized Gender = Women are more frequently victims of sexual assault Race/Ethnicity = Indigenous women and black individuals face higher street checks Victim Precipitation = Some individuals may inadvertently make themselves targets</p> Signup and view all the answers

Which of the following factors is NOT one of the three components of Routine Activity Theory?

<p>Victim's choice of lifestyle (C)</p> Signup and view all the answers

Secondary victimization refers to supportive actions taken by service providers after a crime.

<p>False (B)</p> Signup and view all the answers

What is a Victim Impact Statement?

<p>It is a statement read in court about how the crime has affected the victim.</p> Signup and view all the answers

What is a significant factor differentiating women's pathways to prison compared to men's?

<p>Social necessity and trauma (B)</p> Signup and view all the answers

The actual rate of sexual assault is significantly lower than reported rates.

<p>False (B)</p> Signup and view all the answers

What is the main goal of community policing?

<p>Prevention</p> Signup and view all the answers

Bill C-49 redefined consent and restricted the defense of __________ belief.

<p>mistaken</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Battered Women Syndrome = Explains women's criminal behavior as a reaction to male violence Domestic Violence = Abuse occurring in intimate relationships Community Policing = Policing strategy focused on establishing relationships with the community High-Risk Offenders = Partners who pose severe threats due to escalating violence</p> Signup and view all the answers

Which of the following is NOT one of Robert Peel's principles of policing?

<p>Police should operate in isolation (B)</p> Signup and view all the answers

The 1983 rape legislation shifted its focus from violence to consent.

<p>False (B)</p> Signup and view all the answers

Name one primary issue women face in prison as mentioned in the content.

<p>Mental health issues</p> Signup and view all the answers

Domestic violence affects fully one third of women in __________.

<p>Canada</p> Signup and view all the answers

Which statistic relates directly to determining high-risk offenders?

<p>Level of violence (D)</p> Signup and view all the answers

Flashcards

Degrees of Murder

Different categories of murder with varying legal consequences, such as first-degree murder (most severe, with life sentence and potential for parole), second-degree murder (life sentence with a minimum 10-year parole eligibility), and manslaughter (ranging from life to no jail time).

Dangerous Offender Label

A designation given to a convicted murderer, prohibiting them from ever applying for parole. This label indicates the most serious offense category within homicide.

Mens Rea in Criminal Law

Refers to the mental element of a crime, meaning the guilty mind or intent. It's crucial for establishing criminal liability.

Mistake of Fact

A legal defense to a criminal charge, arguing that the accused genuinely believed a fact to be true, even if it was subsequently proven wrong.

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Property Crime

The most common type of non-violent crime, encompassing offenses like breaking and entering, fraud, identity theft, and theft of vehicles, without involving force or threat of force.

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Cybercrime

Criminal activities that utilize digital networks and technologies, including fraud, harassment, intimidation, and identity theft, committed electronically.

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Target Guardianship

A primary factor in preventing cybercrime, involving proactive measures to secure personal data and devices, like using strong passwords, updating software, and being cautious of online threats.

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White Collar Crime

Criminal offenses committed by individuals in positions of power or trust, primarily for financial gain, often involving deception or abuse of authority.

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Neutralization Theory

A theory explaining how individuals temporarily justify their criminal behavior by rationalizing it as acceptable, despite knowing it's wrong, often through denial of responsibility or victim blaming.

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Stress/Strain Theory

This theory suggests that stress caused by external factors (government policies, consumer pressure) or internal problems (company structure) can contribute to corporate crime.

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Ponzi Scheme

A fraudulent investment scheme where early investors are paid returns from the money of later investors. The scheme collapses when new investors are scarce.

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Social Process Explanations

Theories that explain criminal behavior as a result of social interactions and the environment.

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Fence

A person who buys and sells stolen goods, acting as an intermediary between thieves and buyers.

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Imitation Theory

A theory that proposes social trends and cultural changes occur through imitation, particularly from those in positions of influence.

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Differential Association

A theory that suggests criminal behavior is learned through interactions with others who support and encourage criminal activity.

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Containments

Internal and external factors that prevent individuals from engaging in criminal behavior.

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Neutralization Techniques

Methods used by individuals to justify their deviant behavior and neutralize feelings of guilt or responsibility.

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Drift

A state of flux where individuals move in and out of criminal behavior, their commitment to conformity is not stable.

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Labelling Theory

The idea that individuals become defined by the labels placed upon them, and these labels can influence their behavior and identity. For instance, being labeled as a 'criminal' can lead to self-fulfilling prophecy, as individuals may internalize the label and engage in criminal behavior.

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Master Status

The most significant social position a person holds, often defining how others perceive and interact with them. It can be positive (e.g., musician) or negative (e.g., criminal), dramatically shaping their identity.

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Criminaloids

Cesare Lombroso's term for individuals who are predisposed to criminal behavior due to social conditions and treatment. They are not inherently criminal but become so due to factors such as poverty, discrimination, or lack of opportunity.

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Victimology

The study of the relationship between victims and the criminal event, including factors such as victim characteristics, victim precipitation, and the impact of crime on individuals.

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Victim Precipitation

The idea that some victims contribute to their own victimization by engaging in risky behaviors or making themselves vulnerable targets. It's important to note that this theory is controversial as it can lead to victim blaming.

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Secondary Victimization

The insensitive or victim-blaming attitudes that victims encounter from authorities, family, or friends. This can exacerbate their trauma and discourage them from seeking help.

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Lifestyle Model

The theory suggesting that certain lifestyle choices and activities increase the risk of becoming a crime victim. It considers factors such as routine activities, exposure to risk, and social influences.

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Routine Activity Theory

This theory explains crime as the result of an intersection of three factors: the presence of a motivated offender, the availability of suitable targets, and the absence of capable guardians.

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Battered Woman Syndrome

A psychological construct used to explain the behavior of women who have been subjected to long-term abuse, often in a domestic setting. It emphasizes the victim's helplessness and dependence on the abuser, often overlooking the root causes and enabling factors leading to the abuse.

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Gender Responsiveness in Prison

A prison system that recognizes and addresses the unique needs and experiences of female inmates. This includes providing services and programs tailored to their specific circumstances, such as childcare, mental health treatment, and trauma-informed care.

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Trauma-Informed Approach

This approach recognizes that trauma is a lived experience, not just a pathological illness. It focuses on addressing the social conditions that contribute to trauma and the impact it has on individuals, particularly women in the criminal justice system.

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Sexual Assault Reporting Rate

The official statistics on sexual assault are vastly underreported. The actual rate in Canada is estimated to be 15-25 times higher than the reported numbers.

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Domestic Violence in Canada

One-third of women in Canada experience abuse from their partners, including spouses, girlfriends, and boyfriends. It is a widespread problem that affects a significant number of individuals.

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Post-1983 Rape Legislation

This legislation in Canada shifted the focus of rape laws from sexual assault to violence. It redefined rape as a violent crime, included spousal rape, and made the law gender-neutral.

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Bill C-49: Consent and Sexual Assault

This legislation introduced significant changes to Canadian law regarding consent and sexual assault. It defined informed consent, established situations where consent is absent (e.g., intoxication, duress), and restricted the 'mistaken belief' defense.

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Community Policing: Building Relationships

This concept emphasizes the importance of establishing and maintaining strong relationships between the police and the community. It involves proactive outreach, communication, and engagement to build trust and understanding.

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Problem-Oriented Policing

This strategy focuses on addressing specific crime problems within a community by identifying the roots of the problem, analyzing the situation, developing solutions, and assessing their effectiveness.

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Foot Patrols and Community Safety

Studies suggest that foot patrols, compared to driving patrols, increase feelings of personal safety in communities, reduce calls for service, and make officers feel safer by fostering stronger community relationships.

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Study Notes

Homicide, Violent, Property & Cyber Crime

  • Degrees of Murder:

    • First-degree murder carries a life sentence, with no possibility of parole. A "dangerous offender" label prevents parole eligibility. 80% of Canadian homicides result from social disputes.
    • Second-degree murder carries a life sentence with a minimum 10-year parole ineligibility period.
    • Manslaughter can result in life or no jail time.
    • Infanticide carries a maximum five-year sentence, often suspended. Access to healthcare and mental health services is paramount.
  • Defenses Against Murder Charges:

    • Mistake of fact, insanity, provocation, and compulsion are potential defenses.
  • Acquittal (Innocence):

    • 20-25% of trials result in acquittals, often due to trial errors. The Beaver decision, for example, was about evidence handling and trust among trial participants.
  • Mens Rea (Criminal Intent):

    • Court decisions, like the Vallance case, emphasize the importance of criminal intent in murder cases.
  • Trends in Canadian Homicide Rates:

    • Rates have generally declined since 1975. Newfoundland and its surrounding provinces have historically lower rates compared to the rest of Canada.
    • Half of homicides occur during unrelated offenses.
  • Property Crime:

    • 70% of non-violent crimes involve property. Examples include breaking and entering without confrontations, fraud, identity theft, unauthorized use of deception, theft, and vehicle crime.
  • Cybercrime:

    • Cybercrimes are categorized under existing criminal code offenses such as fraud and harassment.
    • An estimated 5-10 billion dollars worth of damage occurs yearly due to identity theft.
    • Lack of security software, common sense, and awareness of surroundings are major contributing factors.

White Collar Crime/Corporate Crime

  • White Collar vs Corporate Crime:

    • Corporate crime is large-scale, involving businesses, whereas white-collar crime is associated with individuals of high social standing in their professions or occupations.
    • Laws designed to address these crimes are often poorly enforced.
  • Neutralization Theory:

    • Criminals may temporarily override acceptable values or morals to commit illegal acts.
  • Corporate Crime Causes:

    • External factors, such as government policies and consumer demands, can contribute.
    • Internal factors, like company structure, can also be a part of criminal activities.
  • Stress/Strain Theory:

    • This suggests that stress plays a role in motivating crimes in corporate settings.
  • Bernie Madoff Case:

    • The Ponzi scheme, a fraudulent investment strategy, highlighted systemic problems in corporate fraud prevention in 2008.
  • Walmart Case (Bribery):

    • Walmart allegedly paid $24 million in bribes for construction permits in Mexico in 2012, highlighting the potential for corporate crimes.
  • Labelling Theory/Social Process:

    • A criminal's actions/past history and interactions with society affect who becomes a criminal. Fences are criminals who buy and sell stolen goods.

Victims of Crime

  • Victimology:

    • The study of the relationship between victims and criminal acts.
    • Police departments are incorporating new victim services, but this is a relatively new aspect of the criminal justice system (~1990s).
  • Victim Characteristics:

    • Age, gender, and race/ethnicity all play a role in the likelihood of a victim of crime.
  • Repeat Victimization:

    • Victims of past criminal acts are more likely to become victims again.
  • Secondary Victimization:

    • Involves uncaring or insensitive responses to the experiences of victims in the court system. This can lead victims to refuse further assistance.
  • Theoretical Models:

    • Lifestyle models, proximity hypothesis, deviant place hypothesis and routine activity theory help in understanding patterns of victimization.

Women and Crime

  • Gender and Crime:

    • Women's experiences as criminals and victims are historically underestimated or misunderstood.
  • Gender Responsiveness Plans:

    • These action plans are designed to address the distinctive needs and particular circumstances of women involved in the criminal justice system in the broader sense.
  • Gender-specific Treatment:

    • Important considerations for treating women involved in the crime system include issues like parenting, clothing, and nutritional needs.
  • Sexual Assault:

    • The actual rate of sexual assault is significantly higher than reported statistics suggest (UCR, GSS).
  • Domestic Violence:

    • Domestic abuse affects women in Canada, notably.
  • Bill C-49:

    • Legislation focused on defining consent standards to avoid misunderstandings.

Community Policing and Next Steps

  • Policing Principles:

    • Building positive police-community relations is foundational, especially regarding prevention through community engagement.
  • Community Policing:

    • The six principles of Robert Peel (1829), such as ensuring community trust, are essential in community policing strategies.
  • Problem-Oriented Policing:

    • A series of steps to address specific community issues in policing. Such as scanning, analysis, response, and assessment.
  • Foot Patrols:

    • Studies suggest that foot patrols positively impact community perception and trust among communities.

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SOCI 250 Exam Review PDF

Description

This quiz covers the degrees of murder under Canadian law, including first-degree, second-degree, manslaughter, and infanticide. It also explores potential defenses against murder charges and the concept of mens rea in criminal cases. Test your knowledge of homicide laws and their applications in the Canadian legal system.

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