Studied by 59 people
Utilitarianism
belief that the law should ensure the greatest good for the greatest number of people
anomie theory
theory where a person choose criminal activity because they think there is no reason not to
social conflict theory
marxist based theory; argues that people and groups within society interact on the basis of conflict than consensus
criminal conduct
conduct that can harm personal safety, health, property, and general social order
classical school of thought
school of criminology developed by philosophers in the 18th century; people acted independently making decisions about behavior through rational thought.; use of phrenology
Positivist school of thought
Use of science than philosophy; using biological factors to link to criminal activity and how criminals need treatment than punishment
Social structure school of thought
theory that offers other explanations of the cause of crimes; use of conflict theory, cultural values, social upbringing, class division, lack of social cohesion, and inability to achieve one’s goals
phrenology
study of confirmation of measurements of bumps on the skull to determine mental traits
psychological theories
theories that propose criminal conduct is due to repressed memories of guilt, causing someone to have a compelling need to be punished
moral development theory
individuals develop through stages in life where they learn about right and wrong and how to reason morally
personality theory
shows how characteristics are tied to criminal activity; sociopaths/psychopaths show a complete lack of conscience or remorse for their actions
sociopath
disorder marked by personal history of continuous antisocial behavior where rights of others are violated; manifested through persistent criminality and irresponsible behavior
intent
mental desire and will to act in a particular way
subjective intent
intent that pertains to a person’s personal thoughts, beliefs, or intentions at a specific moment; involves evidence such as statements made by the accused, their behavior, and other factors leading up to the crime to indicate their mental state at the time of the offense
objective intent
focuses on the visible and external outcome of the intent; external/observable actions of a person rather than their internal thoughts determine whether or not a person showed conscious and voluntary disregard for the law and if t
strict liability
accused is convicted unless they can prove they acted with due diligence
absolute liability
offences that allow for no defense and fault is not an issue; accused will be convicted based on the actus reus of the offense
due diligence
steps taken by a person in order to satisfy a legal requirement in buying or selling something
general intent
accused meant to commit the crime
specific intent
involves intent in addition to general intent
transferred intent
accused intended to commit a crime against one person but injured another instead
indictable offense
more serious offense
summary offense
less serious offense
hybrid offense
offense that can be considered summary or indictable at the option of the crown
restorative justice
justice that is rights-based where equity and fairness were the main goals
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Flashcard (85)