Chapter 9- Criminology

Grade 12 Law

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