Unit 3 – Criminal
Law
The Nature of Crime
O Definition: Any Act or omission defined as
criminal under the Criminal Code or related
statutes.
O Defining Characteristics:
O The State vs. Citizen
O Violation of a Federal Statute
O Results in prosecution
O Carries penalties (fines, imprisonment)
O Criminal conduct refers to conduct that may
harm personal safety and general social
order
O Objectives of Criminal Law
O To prevent harm to people and property
O To prevent damage to, and impairment of
public institutions and practices;
O To discourage personal revenge;
O To prevent and punish sinful behaviour enforcement of morality
Causes of Crime
O History
O Evil and supernatural forces (witches/devil)
O Morally independent beings who arrive at their
decisions through rational thought (Enlightenment
philosophers)
O Factors beyond a person’s control dictate their
behaviour (Classical theorists)
O Crime is a result of scientific theory and statistics
(i.e. brain, hormonal powers) that encourages
treatment as opposed to punishment
O Criminal behaviour is a result of suppressed memories,
psychological damage (psychological theorists)
O Criminal behaviour should only be looked at once a
crime has been committed (Interactionist theory)
O Individuals’ weak bonds with social institutions leads to
a life of criminal behaviour (Social Contract Theorists)
O Sociological theorists:
1.
2.
Consensus Theory – universal
understanding between right and wrong (i.e.
murder)
Conflict Theory – morality defended
differently by different social groups)
Theory Development Today
O No one factor can predict criminal
behaviour, but there are a number of factors
that contribute to the commission of crimes
O Age – peak is 15-18 years
O Gender – males are more likely
O Poverty – being born into poverty
O Parenting – criminal parents; inconsistent or
uncaring parenting; family violence; weak
parent/child relations
O Peers – delinquent friends can lead to
criminal behaviour
O Education – poor educational performance
lowers self esteem and increases emotional
disturbance & frustration
O Employment – lack of employment
promotes criminal behaviour
O Drugs/Narcotics – leads to behaviour to
facilitate the addiction
O Television (violence in media) –
disassociation from reality and overexposure to violence cause predisposition
O Diet/Hyperactivity – poor diet can lead to
criminal behaviour
Why Study Crime?
O Must first distinguish between cause and
effect
Cause

a reason
something
happens
&
Effect

May help
something
to happen
What is Criminology?
O Criminology: The scientific study of crime,
criminals, criminal behaviour, and
corrections.
O Often concerned with the root causes, and
the treatment, of criminal behaviour