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Criminology and Law

Criminology and Law. Crime and criminal law. Is the law for purposes of social control and social engineering, or for the purpose of moral condemnation and revenge. B. Wotton, ‘63. Background. Formal study of crime and criminality relatively new debate of over ‘good’ and ‘evil’ old

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Criminology and Law

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  1. Criminology and Law

  2. Crime and criminal law Is the law for purposes of social control and social engineering, or for the purpose of moral condemnation and revenge. B. Wotton, ‘63

  3. Background... • Formal study of crime and criminality relatively new • debate of over ‘good’ and ‘evil’ old • given number of federal laws….90,000 - appear to be a lot of ‘evil’ • increasingly dependent on political law

  4. Foundation • Four basic factors: • 1. Historical concepts of justice • 2. English history • 3. Liberal vs. conservative models • 4. Outlawed behaviour

  5. … historical • Self-help justice and “private wrongs” • … types of revenge: private, blood, superstitious, state, & general mitigation • common law • evolution and “need” for social control

  6. Codification • function and purpose (Hoebel, ‘54): • order maintenance • promote morality • resolve dispute • defining boundaries

  7. Natural vs. Political Law • Natural: • do all you have agreed to do, and • do not encroach on other persons or their property • ‘scientific laws’ and utilitarian • case law and precedent • Political: • “made up law, created out of nothing” • subject to change, inconsistent...

  8. Common Law vs. Civil Law • Common: tradition, customs, & precedent • civil: codified and written • common: use juries/ civil seldom • adversarial vs. accusatorial • Lady Di; The Jackel; OJ; Benrardo • their common ground lies in the ultimate results

  9. English tradition…. Crim. 1110 • precedent and case law • Magna Carta - 1215 and the Canadian Charter of Rights and Freedom • stare decisis - decision stand • consensus vs. conflict models

  10. Liberalism vs. Conservatism • “two sides of the same coin” • L: utilitarian (Bentham, S. Mill, J. Locke) • minimal state interference… rights of individual supreme - extreme is communism (communal) • Gun registration (Sept. 98)?

  11. Constitutional Act -1982 • Cdn Charter of Rights and Freedom • BNA -1867: federal (s.91) vs. provincial (s.91) - two tier model of jurisdictional control… blend common law and civil law • Criminal Code - rules of law, due process • “burden of proof” … theory & practice

  12. Conservatism... • Solution to crime - a strong economy provides more jobs and opportunity • a tough approach while trying to balance ind and victim interests • prevention through punishment • corrections in • repeal Firearms Act

  13. Actus reus vs. mens rea • evidence gathering techniques become a major area within criminology • search and seizure • due process (L) vs. crime control (C)

  14. Criminal Defences • Self-help justice to state administered • 1. Automatism: excessive drink • 2. consent: assisted suicide • 3. Insanity • 4. Provocation: coerced • 5. Self-defence: common law/abused victims • theory…

  15. Adversarial vs. Inquisitorial • “truth will arise from a free and open competition over who has the correct facts” Samaha, ‘88 • adversarial: • also called accusatorial model of due process - crown must prove guilt • inquisitorial: • Fr. - guilty until YOU prove innocence

  16. Criminology and Law • Law vs. morality - relationship • law and conflict or consensus • law and evolutive process (cultural) • law and scientific or political

  17. Summary • We joke…. but • vital force for social control • “barometer of the nation’s view of human relations” (Boyd, 95) • relative and evolving • politicizing the process • effectiveness of control • criminology and need for integration of theory with practice

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