Criminology and Law
Crime and criminal law
Is the law for purposes of
social control and social
engineering, or for the purpose
of moral condemnation and
revenge. B. Wotton, ‘63
Background...
Formal study of crime and criminality
relatively new
debate of over ‘good’ and ‘evil’ old
given number of federal
laws….90,000 - appear to be a lot of
‘evil’
increasingly dependent on political
law
Foundation
Four basic factors:
1. Historical concepts of justice
2. English history
3. Liberal vs. conservative models
4. Outlawed behaviour
… historical
Self-help justice and “private
wrongs”
… types of revenge: private, blood,
superstitious, state, & general
mitigation
common law
evolution and “need” for social
control
Codification
function and purpose (Hoebel, ‘54):
order maintenance
promote morality
resolve dispute
defining boundaries
Natural vs. Political Law
Natural:
do all you have agreed to do, and
do not encroach on other persons or
their property
‘scientific laws’ and utilitarian
case law and precedent
Political:
“made up law, created out of nothing”
subject to change, inconsistent...
Common Law vs. Civil Law
Common: tradition, customs, &
precedent
civil: codified and written
common: use juries/ civil seldom
adversarial vs. accusatorial
Lady Di; The Jackel; OJ; Benrardo
their common ground lies in the
ultimate results
English tradition…. Crim. 1110
precedent and case law
Magna Carta - 1215 and the
Canadian Charter of Rights and
Freedom
stare decisis - decision stand
consensus vs. conflict models
Liberalism vs. Conservatism
“two sides of the same coin”
L: utilitarian (Bentham, S. Mill, J.
Locke)
minimal state interference… rights
of individual supreme - extreme is
communism (communal)
Gun registration (Sept. 98)?
Constitutional Act -1982
Cdn Charter of Rights and Freedom
BNA -1867: federal (s.91) vs.
provincial (s.91) - two tier model of
jurisdictional control… blend
common law and civil law
Criminal Code - rules of law, due
process
“burden of proof” … theory &
practice
Conservatism...
 Solution to crime - a strong economy provides
more jobs and opportunity
 a tough approach while trying to balance ind and
victim interests
 prevention through punishment
 corrections in
 repeal Firearms Act
Actus reus vs. mens rea
evidence gathering techniques
become a major area within
criminology
search and seizure
due process (L) vs. crime control (C)
Criminal Defences
Self-help justice to state
administered
1. Automatism: excessive drink
2. consent: assisted suicide
3. Insanity
4. Provocation: coerced
5. Self-defence: common law/abused
victims
theory…
Adversarial vs.
Inquisitorial
“truth will arise from a free and open
competition over who has the correct
facts” Samaha, ‘88
adversarial:
also called accusatorial model of due
process - crown must prove guilt
inquisitorial:
Fr. - guilty until YOU prove innocence
Criminology and Law
Law vs. morality - relationship
law and conflict or consensus
law and evolutive process (cultural)
law and scientific or political
Summary
We joke…. but
vital force for social control
“barometer of the nation’s view of
human relations” (Boyd, 95)
relative and evolving
politicizing the process
effectiveness of control
criminology and need for integration
of theory with practice