Class 5- Development of Criminal Law
WEEK 3: DEVELOPMENT OF CRIMINAL LAW
SOC 225 B02: CriminologyDate: January 21, 2025
SOCIAL CLASS AND CRIME
Instrumental Crimes: Illegal activities committed by individuals unable to satisfy needs/wants via legitimate means. These often stem from economic necessity and include theft, burglary, and fraud.
Expressive Crimes: Illegal activities lacking instrumental purpose, often involving violence. These crimes reflect emotional responses rather than material needs, such as assault or murder motivated by anger or distress.
Class-Crime Relationship: Crime can be related to social class, with certain crimes more prevalent among the poor (e.g., property crime) or the rich (e.g., white-collar crime). Social context and access to resources heavily influence crime rates.
AGE AND CRIME
Aging Out: Refers to the decline of criminal behavior frequency as individuals age; also called spontaneous remission or desistance. Various factors, including maturity and life responsibilities, contribute to this phenomenon.
Early Onset: Individuals who engage in deviant or criminal behavior at a young age (under 15) are more likely to persist in offending throughout their adolescence and into adulthood. Early intervention is crucial to prevent the normalization of criminal behavior.
Gendered Differences: Notable distinctions exist between male and female homicide rates, with males committing homicides at a significantly higher rate than females. Socialization patterns and societal expectations contribute to these differences.
Desistence Influencers: The type of crime influences when or if desistence occurs. For example, individuals involved in substance abuse may have different desistence patterns compared to those engaged in property crime.
Age Range for Most Offences: Most crimes are perpetrated by individuals aged 15-25, a critical period where peer influence and identity formation can push individuals toward criminal behavior.
WE DIDN’T COVER…
Topics omitted from examination:
Tertiary Sources of Crime Data (p. 78-79)
Gender and Crime (p. 84-86)
Criminal Careers (p. 86-89)
EARLY CRIME AND PUNISHMENT
Foundations:
Early legal systems were heavily influenced by superstition, fears related to magic, satanism, and black arts. Justice was viewed as a divine matter.
Historical Examples:
The Salem witch trials (1692-1693) exemplified moral panic and the extreme measures that society could take in response to perceived threats, highlighting the social climate of fear.
Methods of Justice:
Trials by Ordeal/Combat: The belief that God would intervene to demonstrate innocence or guilt by surviving a physically challenging test.
Oath-Helpers: Involvement of multiple witnesses in judicial pledges; essentially a social mechanism where community members could vouch for an individual’s character.
Criminalization of the “Vagabonds” or drifters: Reflecting societal concerns about stable employment and livelihood.
DEVELOPMENT OF LAW, CRIME, AND CUSTOM
Common Law Traditions:
Law transitioned from decentralized family systems to formal courts post-1066, establishing a more centralized legal authority.
Religious or moral issues were sometimes addressed in ecclesiastical courts, thus intertwining legal and moral judgments.
Compensation: Justice primarily revolved around compensation paid to victims or their families, distinguishing the societal focus on reparation.
Judicial Evolution: Judges developed an oral tradition, shared sentencing guidelines, and employed the principle of stare decisis (to stand by decided cases), laying the foundation for consistent legal interpretations.
COMMON LAW AND STATUTORY LAW
Transition from Common Law:
Legal categories for murder expanded to explain various offenses, providing clarity and specificity in legal definitions.
Statutory law supplanted common law in Canada through parliamentary enactment, thus formalizing legal processes.
Key Concepts:
Inchoate Crimes: Incomplete criminal acts that indicate an intention to commit a crime.
Attempt: Actions beyond mere preparation towards committing a crime—demonstrating intent.
Conspiracy: Agreement between two or more parties to engage in unlawful activities, establishing the foundation for prosecuting collective criminal behavior.
Legislation Examples:
Historical Acts, such as the Waltham Black Act, notable for criminalizing a range of activities that were once unregulated but deemed problematic.
QUESTION: True or False regarding Statutory Laws:
a) Statute law is unwritten legislation.
b) Statutes replace common law.
c) Municipalities can enact statutes.
d) Parliament can enact statutes.
DEVELOPMENT OF LAW IN CANADA
Influences on CJS:
Origins stem from English common law alongside local geographic and cultural factors, creating a unique framework for Canadian law.
Law Enforcement Milestones:
Military presence pre-1867 led to the establishment of law enforcement agencies like the Dominion Police (1868) and later the RCMP (1920), highlighting the evolution of policing in response to societal needs.
Legislation:
The British North America Act centralized federal crime control and enabled provincial enforcement, creating a structure for law administration across Canadian territories.
CRIMINAL AND CIVIL LAW
Civil Law:
Encompasses property, contract, and tort law. It operates independently from criminal law, which aims to punish actions against society.
Standard of Proof:
Criminal law requires a burden of proof "beyond a reasonable doubt," while civil law follows a "balance of probabilities" standard, reflecting the different stakes involved.
CATEGORIES OF OFFENDING
Indictable Offenses: Serious offenses with no prosecution time limit; e.g., murder and aggravated assault, often resulting in severe penalties.
Summary Offenses: Minor offenses with a six-month limitation for prosecution; the maximum punishment may include fines or six months imprisonment, reflecting lower societal impact.
Hybrid Offenses: Can be treated as summary or indictable, with considerations for the severity of the offense and the offender’s prior record.
MALA IN SE VS MALA PROHIBITUM
Mala in Se: Crimes deemed inherently wrong and reflecting core societal values (e.g., murder, theft), universally recognized as harmful.
Mala Prohibitum: Laws based on current public opinion and social norms; these laws reflect issues needing regulation, such as substance abuse, varying significantly by culture and time.
CLASSIFICATION OF LAW
Crimes vs. Torts: Crimes are prosecuted by the state, while torts are private disputes that often seek compensation for harm.
Types of Offenses: Indictable vs. Summary reflect severity and corresponding penalties in the justice system.
Mala in Se vs. Mala Prohibitum: illustrating the difference between actions morally wrong in themselves and those wrong due to societal laws.
FUNCTIONS OF THE CRIMINAL LAW
Primary Functions:
Social control, discouragement of personal revenge, expression of public morality, deterrence of criminal behavior, maintenance of social order, and defining acceptable conduct.
SOCIAL CONTROL
Law's Role:
Shaping behavior and preventing harm to individuals and societal structure, thus serving to promote stability.
DISCOURAGING REVENGE (RETRIBUTION)
State Responsibility:
The legal system manages punishment, directing retribution away from individuals and promoting social harmony through structured response to criminal acts.
PUBLIC OPINION AND MORALITY
Evolving Law:
Laws are crafted to reflect changing moral values and societal opinions, navigating the complexities of maintaining order while respecting diverse perspectives and balancing rights between the majority and minorities.
DETERRENCE
Preventative Measures:
Aim to deter crime through punishment; encompasses both general deterrence (public awareness) and specific deterrence (targeting repeat offenders) to mitigate future criminal conduct.
MAINTAINING SOCIAL ORDER
Legal Framework's Importance:
Supports societal structure and economic systems, managing complex interpersonal relationships within the justice system and contributing to overall societal functioning.
WE DIDN'T/WON'T COVER…
Topics excluded from the current coursework:
Origins of Law (p. 28),
Canadian Criminal Justice System flow diagram (p. 35),
Charter of Rights and Freedoms (p. 45-46),
Wrongfully Convicted (p. 48).