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Current Topics in Criminology & Criminal Justice

LECTURE 1: INTRODUCTION

Course Information

  • University of Guelph

  • Course Code: SOC* 1000

  • Title: Current Topics in Criminology & Criminal Justice

  • Semester: Fall 2025

  • Section: 02

LECTURE OUTLINE

  • Key Topics Covered:

    • What is criminology?

    • What is criminal justice?

    • Overview of the Canadian criminal justice system

    • Key paradigms of criminal justice:

    1. Prevention

    2. Punishment

    3. Rehabilitation

WHAT IS CRIMINOLOGY?

  • Definition:

    • Criminology is the study of crime, deviance, criminals, and victims of crimes.

    • It is defined as “the study of the making of laws, the breaking of laws, and society’s reaction to the breaking of laws” (Sutherland, 1939).

  • Etymology:

    • The term “criminology” was coined by Raffaele Garofalo in 1885.

  • Methodology:

    • Criminology applies the scientific method and relies on empirical evidence, making it a social science.

  • Interdisciplinary Nature:

    • Criminology is a diverse and multi-disciplinary field that incorporates insights from various domains, including:

    • Law

    • Psychology

    • Sociology

    • Biology

    • Economics

    • Political Science

HISTORICAL OVERVIEW

  • Schools of Thought in Criminology:

    • There is no single dominant school of thought in criminology. Instead, various perspectives inform current ideas:

    • Classical School (Mid-18th Century)

    • Positivist School (Late 19th to Mid-20th Century)

    • Sociological Criminology (Mid-20th Century)

    • Critical Perspectives (Mid-Late 20th Century)

    • Newer Approaches (Late 20th Century)

    • Understanding the historical context is essential for analyzing and contextualizing modern perspectives.

WHAT IS CRIMINAL JUSTICE?

  • Definition:

    • Criminal justice refers to a set of institutions, policies, and practices aimed at creating and enforcing laws, maintaining public order and safety, and addressing violations of laws.

    • It encompasses a spectrum of social policies and practical strategies focused on crime prevention and crime control.

    • It includes all institutions and personnel involved in the criminal justice system, often referred to as “agents.”

MAJOR INSTITUTIONS/BRANCHES OF THE CRIMINAL JUSTICE SYSTEM

  1. Legislation:

    • Responsible for creating formal laws that define crimes and set penalties (e.g., legislators and policymakers).

  2. Law Enforcement:

    • Focuses on investigating crimes, arresting suspects, and fulfilling preventive and responsive roles (e.g., police).

  3. Legal System (Courts):

    • Adjudicates criminal cases by interpreting laws and determining guilt (involves judges, prosecutors, lawyers, and juries).

  4. Corrections:

    • Implements sentences related to criminal convictions, encompassing incarceration, parole, and re-entry programs.

  • System Cooperation:

    • The branches operate independently and do not consistently work cooperatively, prompting questions about whether the CJS functions as a true “system.”

    • The effectiveness of the CJS also relies on the discretionary decisions of its agents.

CANADIAN CRIMINAL JUSTICE SYSTEM

  • Historical Roots:

    • The Canadian CJS traces its origins to British common law and is governed by two founding documents:

    • Criminal Code of Canada (1892):

      • Codifies laws, criminal offenses, penalties, and legal procedures.

    • Canadian Charter of Rights and Freedoms (1982):

      • Establishes guidelines for protecting fundamental individual rights within the CJS.

  • Government Responsibilities:

    • Criminal justice responsibilities are shared among federal, provincial (and territorial), and municipal governments.

STRUCTURE OF THE CANADIAN CRIMINAL JUSTICE SYSTEM

  • Legislation:

    • Includes national crime statutes (federal), province-specific laws (provincial), and bylaws (municipal).

  • Law Enforcement:

    • Involves federal (e.g., RCMP), provincial (e.g., OPP), and municipal (e.g., Guelph Police Service) forces.

  • Legal System (Courts):

    • Multi-level system comprising:

    • Provincial courts

    • Superior courts (provincial)

    • Court of Appeals (provincial)

    • Supreme Court of Canada (federal)

    • Each level handles various degrees of seriousness in criminal cases, and higher court decisions set precedents for lower courts.

  • Corrections:

    • Encompasses provincial prisons, federal penitentiaries, and community re-entry programs (both provincial and federal).

PRINCIPLES OF CANADIAN JUSTICE

  1. Fairness:

    • Reflects equality before the law; the CJS should treat all individuals equally, regardless of social status or background.

    • Impartiality of CJS agents is essential for trust in the system; survey data indicates that just over 2/3 of Canadians perceive the justice system as fair.

    • Perceptions of unfairness can lead to weaker social bonds, increased legal cynicism, and reduced crime reporting to authorities.

  2. Accountability:

    • Refers to holding parties responsible for their actions, where offenders face punishments for legal violations.

    • The CJS must be accountable to society, emphasizing fairness, transparency, and responsiveness to community needs.

    • This principle is fundamental to the “rule of law”: all individuals, including CJS agents, are subject to the law.

    • Institutions and agents within the CJS may face reviews and disciplinary actions for misconduct.

  3. Protecting Rights:

    • Centered around the concept of “due process”, which prioritizes the legal rights of all individuals involved in the CJS, including suspects.

    • Rights include:

      • Right to a fair trial

      • Right to legal representation

      • Presumption of innocence

      • Protection against wrongful punishment

      • Proportionality of punishment

    • Due process is codified in the Canadian Charter of Rights and Freedoms.

    • There is an inherent tension between due process principles and a “crime-control” model which prioritizes victims’ rights and community safety.

PARADIGMS OF CRIMINAL JUSTICE

  • Overview of Criminal Justice Paradigms:

    • Three primary paradigms exist offering distinct, sometimes overlapping perspectives on crime and justice.

    • These paradigms are viewed as essential by the Canadian public:

    1. Prevention

    2. Punishment

    3. Rehabilitation

1. PREVENTION

  • Goal:

    • To decrease the likelihood of crime by making criminal acts less attractive and proactively addressing root causes of crime.

  • Examples of Prevention Measures:

    • Implementing “situational crime prevention” strategies

    • Positioning police as “capable guardians”

    • Recognizing and addressing underlying community issues such as poverty and substance abuse.

  • Limitations of Prevention:

    • Cost: Prevention programs may be expensive and not yield immediate results.

    • Effectiveness Measurement: Assessing the effectiveness of preventative measures can be challenging.

    • Community Commitment: Successful prevention requires broad and sustained social commitment.

2. PUNISHMENT

  • Goal:

    • To impose penalties on individuals for committing crimes, thus holding them morally accountable or serving as a deterrent.

  • Examples of Punishment:

    • Imprisonment, fines, compensating victims, community service, and probation.

  • Punishment Paradigms:

    • Retributive Justice: Punishment is deserved; viewed as a form of justice and closure for victims.

    • Deterrent Justice: Fear of repercussions shifts calculations away from crime.

      • General Deterrent: Preventing others from offending.

      • Specific Deterrent: Preventing an individual from re-offending.

  • Limitations of Punishment:

    • Risk of over-incarceration, especially concerning non-violent offenders.

    • Costly financial implications of maintaining prison populations, alongside social ramifications, such as loss of trust in the CJS.

    • Punitive measures, in isolation, may increase recidivism by not addressing underlying crime causes.

3. REHABILITATION

  • Goal:

    • To reform offenders so they can reintegrate as law-abiding citizens and reduce the likelihood of re-offending.

    • Focuses on changing behavior through addressing the underlying factors that contribute to criminal behavior including addiction, mental health issues, lack of education, and difficult life circumstances.

  • Examples of Rehabilitation Programs:

    • Mental health counseling, anger management therapy, substance abuse treatment, conflict resolution training, vocational training, and transitional housing programs.

  • Limitations of Rehabilitation:

    • Concerns about being perceived as too lenient on crime.

    • Expensive programs requiring significant resources and investment.

    • Ongoing debates regarding the effectiveness of rehabilitation in reducing crime rates.

NEXT TIME

  • Upcoming Lecture Topic: Defining Deviance

    • Foundational terminology

    • Definition of “deviance” and “crime”

    • Typologies of criminal behavior

  • Readings for Next Lecture:

    • Assigned text articles on deviance and crime