Jack Blunt - Student copy - The nature of crime

The Nature of Crime

• Understanding the nature and definitions of crime.

What is Crime?

• Crime is defined as any act or omission that constitutes an offense under federal legislation.

Sources of Criminal Law

• Criminal Code: Federal law applicable to all Canadians.

• Controlled Drugs and Substances Act: Another significant legal framework.

• Judge-made Criminal Law:

  • Judges interpret existing laws for new situations not designed by the law, e.g., R v. Ssenyonga.

  • Debate on whether judges should extend law to new social problems or await parliamentary response.

Purpose of Criminal Law

• Retribution:

  • Public denouncement and punishment of wrongful behavior.

  • Retribution must be fair.

• Preventative Measures:

  • Attempts to prevent crime from occurring concerning varying types of harms:

    • Private Harm Principle:

      • Prevents crimes like homicide, aggravated assault, and robbery.

    • Public Harm Principle:

      • Aims against tax evasion, smuggling, contempt of court, and treason.

    • Offence Principle:

      • Preventing offences to others.

    • Legal Paternalism:

      • Prevent harm to oneself.

    • Legal Moralism:

      • Prevent and punish sin, enforcing morality (e.g., prostitution, drug trafficking).

Causes of Crime 1: Sociological Factors

• Criminality linked to social and economic factors.

• Two perspectives:

  • Consensus Theory: Universal understanding of right and wrong.

  • Conflict Theory: Morality defined differently by social groups aiming to maintain power.

• Key issues causing crime:

  • Decline of social values.

  • People’s inability to achieve goals.

  • Conflicting expectations among social groups.

Causes of Crime 2: Psychological Factors

• Concepts of ‘Self’ and Identity are influential.

• Sigmund Freud:

  • All people have criminal tendencies, restrained by learned behavioral controls.

  • Deviance linked to faulty identification with parents, leading to behaviors seeking punishment.

  • Psychopaths lack conscience; sociopaths feel no remorse.

Causes of Crime 3: Interactionist Theory

• Focuses on how individuals start a life of crime.

• Association with criminals shapes identity leading to criminal behavior.

Causes of Crime 4: Social Control Theory

• Raises the question of why people do not commit crimes.

• Individuals disconnected from social institutions (family, school, religion) show higher crime likelihood.

Causation vs. Correlation

• No singular theory conclusively explains crime causation.

• Factors that correlate with higher crime rates: age, gender, social conditions.

Age

• Majority of serious offenders are between 15-18 years old.

• Some offenders begin earlier and continue past age 18.

Gender

• Males are statistically more likely to commit crimes.

• The gender gap in criminal behavior is narrowing over time.

Poverty

• Social status and income can contribute to deviance indirectly.

• Poverty’s effects on criminal behavior exist, though it does not have a direct causative link.

Substance Abuse & TV Influence

• High levels of alcoholism are present among criminals.

• Drug use shown to be significantly higher among criminals, can lead to serious crimes (theft, assault).

• Television violence may contribute to aggressive behavior.

Other Risk Conditions for Child Delinquency

• Factors include:

  • Little parental acceptance or rejection.

  • Inadequate supervision and moral guidance.

  • Growing up in conflict or violent homes.

  • Social isolation teaches deviant behavior.

Who are Victims of Crime?

• Victimization risk is higher among:

  • Individuals aged 15-24.

  • Those with low household income.

  • People who know the perpetrator (often lone males in violent crime).

  • Approximately 60% of crimes go unreported.

• Women face higher risks for violence and sexual assault.

Types of Crime

• Serious Offences: Prosecutions follow grand jury indictments (historically referred to as felonies).

• Summary Conviction Offences: Petty crimes prosecuted under simplified procedures (historically referred to as misdemeanors).

Types of Crimes Continued

• All crimes under the Criminal Code of Canada (CCC) are either:

  • Indictable Offences: Serious crimes with more severe penalties.

  • Summary Conviction Offences: Lesser crimes with simpler prosecution.

  • Hybrid Offences: Punishable under either type; the prosecutorial discretion is given to the Crown Attorney.

Criminal Code Examples of Crime Types

• Indictable Offences: e.g., first-degree murder.

• Summary Conviction Offences: e.g., causing a disturbance in public.

• Offences under the CCC can be treated as either indictable or summary.

Criminal Code Classification Examples

• Offences Against Public Order: Unlawful assemblies, rioting.

• Firearms and Other Offensive Weapons: Possession of prohibited weapons.

• Sexual Offences: Sexual exploitation.

• Offences Against the Administration of Law and Justice: Personating a peace officer.

Purposes of Criminal Law Applied

• Protection of Safety: Personal and societal.

• Preservation of Decency: Standards against immoral acts.

• Preservation of Public Order: Ensuring societal peace and safety.

Legal Definition of Crime

• Crime is legally defined as any act or omission that constitutes an offense under federal legislation.

• Federal laws include the Criminal Code, Youth Criminal Justice Act, among others.

• Provincial laws are not considered true criminal offenses and are categorized as Provincial Offences or Quasi-Criminal Offences.

Actus Reus

• Physically committing a crime, known as the 'guilty act'.

• Omission can qualify as actus reus (e.g., failing to stop at an accident).

• An act must be voluntary and conscious to be criminal.

Mens Rea

• Defined as the 'guilty mind', it is the mental component necessary for establishing criminal liability.

• Components: Intention (subjective) and knowledge (objective).

• Recklessness and willful blindness are considered forms of subjective intent.

Mens Rea Explained with Scenario

• Example: Frances throws a vase – her intent is assessed by her knowledge and recklessness in her action.

Criminal Equation

• The interaction of Actus Reus and Mens Rea concludes guilt:

  • Actus Reus (voluntary act or omission) + Mens Rea (intent) = Crime.

Strict and Absolute Liability

• Some offences do not require full mens rea (intent).

• Categories of Offences:

  • Mens Rea Offences: Must prove intent.

  • Strict Liability Offences: Prosecution does not need to prove intent, but the accused may defend against the charge.

  • Absolute Liability Offences: Guilt follows merely committing the act; no defense possible.

The Mental Requirement

• Differentiation between various types of liability:

  • No Mens Rea: Absolute liability offences.

  • Objective Mens Rea: Strict liability offences.

  • Subjective Mens Rea: Subjective, encompassing intent and recklessness.

Incomplete Crimes

• A crime necessitates a completed actus reus; no crime exists without it.

• Mere thoughts of crime are not illegal; only attempts may be prosecuted under criminal law (CCC Sec. 24(1)).

Other Incomplete Crimes: Conspiracy

• Agreement by two or more to commit unlawful acts.

Other Incomplete Crimes: Counseling or Aiding and Abetting

• Involves soliciting or encouraging others to commit crimes.

• Individuals are considered parties to an offence based on their involvement.

Other Incomplete Crimes: Accessory After the Fact

• Assisting a party to evade prosecution after a crime has been committed.

Recap of Key Concepts

• Key terminology and theories related to:

  • Criminal conduct, causes of crime, principles of harm, definitions, mens rea and actus reus, classifications and legal definitions of crime.

Questions?

• Discussion points and clarifications for comprehension.