Understanding Crime and Criminal Law

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Questions and Answers

What is required for an act to be classified as a crime under the formal legal definition?

  • The act must violate a provision in criminal law. (correct)
  • There must be a failure to act.
  • The act should be perceived negatively by the public.
  • The act must cause social harm.

Which of the following best describes the concept of Mens Rea in relation to crime?

  • It is the intention to commit a crime at the same time as the act. (correct)
  • It involves the legal consequences of failing to act.
  • It refers to the physical act of committing a crime.
  • It represents the societal view on illegal behaviors.

How does the legal status of a behavior typically change according to societal perceptions?

  • Changes in political leadership affect legal statuses more than social perception.
  • Social response to behavior directly influences legislative changes. (correct)
  • Legal status is immutable and does not reflect social norms.
  • Economic trends alone dictate what behaviors are criminalized.

Which concept legitimizes the exclusion of certain behaviors from being defined as crimes?

<p>Omissions under established duty of care. (C)</p> Signup and view all the answers

Which of the following statements about the Criminal Code in Canada is TRUE?

<p>The Federal Government has exclusive jurisdiction over the Criminal Code. (C)</p> Signup and view all the answers

What characterizes zombie laws in the context of legal enforcement?

<p>Laws that are technically illegal but lack prosecution efforts (C)</p> Signup and view all the answers

How does the social response to behavior influence crime definitions?

<p>Crime may vary greatly between cultures, reflecting societal values rather than inherent behaviors. (B)</p> Signup and view all the answers

In the context of laws versus justice, which statement best reflects the nature of laws?

<p>Laws are formal rules created and enforced by government entities. (B)</p> Signup and view all the answers

What distinguishes deviance from criminal behavior?

<p>Deviance includes behaviors that are contrary to societal norms but not necessarily criminalized. (D)</p> Signup and view all the answers

What was a significant historical element of the rule of law established in 1215 CE?

<p>It emphasized the importance of fair legal processes and protections of freedoms. (C)</p> Signup and view all the answers

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Study Notes

Defining Crime

  • Crime can be defined as a deviation from societal norms.
  • Crime is a violation of a law, which are established by individuals in power.
  • The definition of crime is dependent on the society and its values.
  • Morality plays a role in defining crime, with some definitions appealing to a higher power, known as "natural law".
  • Crime can be defined in two broad ways:
    • Breaking a law.
    • Violating morality and causing social harm.

How Laws Are Enforced and The Criminal Code

  • The Criminal Code outlines all federal crimes in Canada.
  • The Federal Government creates, amends, and repeals criminal law.
  • The Criminal Code is based on sections 91 and 92 of the Constitution Act, 1867.

Elements of Crime

  • For an act to be considered a crime, it must include both:
    • Actus Reus: The physical act of committing a crime, or a failure to act.
    • Mens Rea: The mental intent to commit the crime.
  • There must be a concurrence (alignment) between the act and the intent.

Social Construction of Crime

  • The definition of crime changes over time based on social values and perceptions.
  • Social construction helps understand what is and isn't considered a crime.
  • The same act can be considered a crime in one location, but an honor in another.

Law vs. Justice

  • Law: Formal rules established to maintain order and regulate behavior.
  • Justice: A broader concept based on fairness, morality, and equality, aiming to address injustices.

Equality, Equity, and Justice

  • Justice is an abstract concept that encompasses equity and equality.
  • The justice system is meant to uphold the values of legal systems.

Deviance vs Crime

  • Deviance: Behaviour seen as contrary to societal norms and values (e.g., manners, customs).
  • Crime: Deviance that causes harm and is made illegal by legislation.

Historical Analysis of Crime

  • Criminologists research how social, economic, and political factors impact legislation over time.

The Rule of Law

  • The rule of law dates back to 1215 CE and is based on the idea of a social contract.
  • Citizens surrender certain freedoms in exchange for state protection through legal prosecution.
  • This framework ensures fairness, transparency, and accountability.

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