Chapter 1–2 Criminology and the Criminal Law – Study Notes

Criminology

The scientific approach to the study of criminal behavior and society’s reaction to crime, defined by Edwin Sutherland and Donald Cressey as the body of knowledge regarding crime as a social phenomenon, including law-making, law-breaking, and social control.

Distinction: Criminology vs. Criminal Justice

Criminologists explain the origin, extent, and causes of crime, while criminal justice scholars study the operations of police, courts, and corrections and design crime-control and rehabilitation methods.

Distinction: Crime vs. Deviance

Deviance involves behavior that departs from social norms, while crime involves a violation of the criminal law. Not all crime is deviant, and not all deviance is illegal.

Cannabis Legalization in Canada

The Cannabis Act, legalizing cannabis, came into effect in 2018. Historically, use and possession were criminal, with prohibition enacted in 1923.

Classical Criminology

An 18th–early 19th c. framework by Beccaria, suggesting crime is a rational choice and punishments should be public, prompt, necessary, the least possible, and proportional to the crime.

19th-Century Positivism (Lombroso)

A shift to scientific methods to understand crime, with Cesare Lombroso theorizing 'born-criminals' identifiable by atavistic (primitive) traits.

Durkheim's View on Crime

Émile Durkheim argued that crime is normal and inevitable in all societies, can be functional, and may signal social change, introducing the concept of anomie.

Marxist/Conflict Criminology

A perspective from the 1960s–1970s that emphasizes conflict, power, and inequality, asserting that crime results from economic structure and class conflict, and laws protect the powerful.

Criminal Statistics (Subarea)

A subarea of criminology that measures crime magnitude, patterns, and trends, analyzing police and court records, and developing surveys to estimate unreported crime.

Penology (Subarea)

The subarea of criminology focused on the correction and control of offenders, balancing rehabilitation versus deterrence, and evaluating different punishment models.

Victimology (Subarea)

The subarea of criminology dedicated to the study of victimization, factors that increase risk, victim experiences, and the economic and social costs of crime.

Consensus Perspective of Crime

Views crimes as acts that offend most members of society, with laws reflecting shared values and moral consensus.

Conflict Perspective of Crime

Contends that the law reflects the interests of the powerful, and crime is a political concept used to control the underclass to maintain the status quo.

Interactionist Perspective of Crime

Suggests that crime is defined by social reactions and labels; deviance is a socially constructed category, and criminals are people society labels as such.

Longitudinal (Cohort) Research

A research method in criminology that tracks a specific group (cohort) sharing a characteristic over time to examine the onset and progression of offending, such as the NLSCY.

Mala in se

Acts that are intrinsically wrong, rooted in universal moral norms (e.g., murder).

Mala prohibitum

Crimes that are wrong because they are prohibited by law, reflecting statutory definitions rather than universal moral norms (e.g., traffic offenses).

Distinction: Indictable vs. Summary Offence

Indictable offences are serious crimes (e.g., murder) with more complex procedures and potentially severe penalties, while summary offences are minor offences with quicker processes and lighter penalties.

Common Law

Judge-made law based on precedent (stare decisis), evolving from English medieval systems and forming part of Canada’s legal system (e.g., many original definitions of murder and burglary).

Statutory Law

Written laws enacted by Parliament or provincial legislatures, which supplement and sometimes replace common-law rules (e.g., cannabis legislation).

Distinction: Criminal Law vs. Tort Law

Criminal law involves state action for public offenses with a standard of proof 'beyond a reasonable doubt'; Tort law is a civil remedy for private harm, requiring proof on the 'balance of probabilities'.

Actus Reus

The 'guilty act' – the voluntary physical conduct or a qualifying omission where there is a legal duty to act, which forms the physical component of a crime.

Mens Rea

The 'guilty mind' – the mental element of a crime, involving intent, recklessness, or negligence depending on the specific offense.

Strict Liability Crimes

Offences that require no proof of mens rea (intent); the accused is held liable based on the act alone, though a defence of due diligence may be available in some cases (e.g., certain regulatory offenses).

NCRMD (Not Criminally Responsible on Account of Mental Disorder)

A legal defence where an individual is found not criminally responsible for an act due to a mental illness affecting their ability to understand the nature or wrongfulness of their actions.

The Canadian Charter of Rights and Freedoms

Enacted in 1982, this constitutionalizes a range of fundamental rights and freedoms that impact criminal procedure and law enforcement in Canada, including rights on arrest and to a fair trial.

R. v. Oakes

A landmark Canadian Supreme Court case that established the 'Oakes Test' for limiting Charter rights under section 1, requiring that any such limitation be demonstrably justifiable in a free and democratic society.

Stinchcombe Disclosure

Refers to the legal obligation established in R. v. Stinchcombe, requiring prosecutors to disclose all relevant case information (evidence) to the defence to ensure a fair trial.

Cannabis Act (2018)

The federal legislation in Canada that legalized and regulated cannabis, allowing adults to possess up to 30 grams of dried cannabis in public and cultivate a limited number of plants at home.

Bill C-45 (Westray Bill)

Legislation passed in Canada (2004) that established corporate criminal liability for negligent acts, allowing corporations to be prosecuted for a range of offenses, with penalties up to 100{,}000 for some infractions.

M’Naghten Rule (1