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Lecture 2

CRCJ 1000 Lecture Notes - Lecture 2: Malum Prohibitum, Harm Principle, Paternalism


Department
Criminology and Criminal Justice
Course Code
CRCJ 1000
Professor
Nicolas Carrier
Lecture
2

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Wednesday, January 20, 2016
What is a Crime?
What is a Crime?
Actors of the criminal justice system are confronted with critiques of their own
activities.
Malum in se- evil in itself.
Law as a concrete structure.
What are the motivates that we can use to justify the limits in liberty principles.
1. Crime as a wrong in itself
Garofalo was the founding father of criminology. He was interested in having
criminology becoming a science. Having a new discipline taking shape throughout the
world.
For this to happen, criminology needed an object of study that is stable.
When we refer to crime, we all refer to the same thing. What is criminal and what is
crime changes over time and space.
This was a problem for Garofalo for having a stable object.
Natural crime- replication of an old distinction of malum in se vs malum prohibitum.
They are evil in itself because it is evil prohibited. They violate human nature. They go
against what is natural of being human.
Lack of pity- being honest, loyal, compassionate.
Natural crimes are behaviours that show a lack of pity and lack of honesty.
The assumption of duplicity and lack of pity- theft, aggression. War crimes that
criminology should be studying.
Problem on Natural Crime
Criminology should not being studying crimes or behaviours that are treated as crimes
that are not within the art of conception of crime.
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Wednesday, January 20, 2016
There are always behaviour that are not criminalized, behaviours that fit in natural
crimes but not criminalized.
Hagan’s Pyramid of Deviance
The top corresponds to behaviours in which there is a huge consensus of crime that
causes harm. Criminology should be about studying of collections of crimes that does
not vary in time and space.
Conflict crimes are behaviours that are regarded as crime, mixed consensus, debates
on whether or not they are crimes (sex work, abortions, spanking children).
Social deviations are not criminalized. There is a lot of plurality of attitudes of people
in such behaviours (binge drinking)
Social diversions are stuff that are tolerated but slightly different (piercings, tattoos),
no response to such types of behaviours.
Ani-social personality are categories that Garofalo was looking for.
Criminology
Something that is wrong in itself.
Crimes that are not treated as crimes.
Criminology of State Crime: people killing by drugs. Not treated as crime (stoning
women). It is not treated as crime by the American Administration. (wrong in itself).
Green Criminology: trying to promote criminalization/punishment of wrong doing to
the environment. We should defend our planet and make sure that people who harm
the environment should be treated as criminals and should be punished.
Criminology for Human Rights: white collar crime.
There is such a thing of crime that exists in itself that doesn’t vary across culture and
time, but may vary within law.
***“Crime ought to be defined as crime”
2. Crime as a form of deviance
We think of crime as a breach of norms.
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Wednesday, January 20, 2016
The problem is that there are two types of norms.
Deviance can mean two different things. Factually? Normatively?
Sodomy- anal intercourse. Are people practicing sodomy deviant? It is abnormal and
it doesn't matter if people do it a lot or not. It is in itself “deviant, immoral, disgusting,
painful..”
Do you care about what people do or not (surveyed) (factual)?
**In itself deviant.
Pay attention to what people do, what exists. We are learning about what people do,
from what is around us.
Angle bracket (not able to learn)
It’s wrong.
A model that prescribes. This is how we should look at things, this is how they are.
Moral disclose
Everything is the same shape.
Average bracket
Described what is deviant and what is not on the basis of facts, what people are
doing.
Nothing in itself is deviant.
It’s a more scientific attitude to deviance.
We tend to associate deviance with what is abnormal.
Formal or Informal?
Human rights, but the protection of human rights overall is not protected by an
enforcement agency. Criminal norms are not like any other kinds of norms.
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