CRCJ 1000 Lecture Notes - Lecture 5: Criminal Negligence, Bourgeoisie, Actus Reus
22 Mar 2016
School
Department
Course
Professor
Thursday, September 17, 2015
Sovereign Power
CRCJ 1000
The Formation of the Idea of Criminal Justice
-Trans-political system of thought: criminal justice doesn’t vary much due to politics
-Hostile ideology: promotes hostility towards people regarded as criminals
-Norms of behaviours attached to norms of sanctions:
-Punishment as duty: impunity is the greatest injustice.
-Infliction of pain as recipe for justice: punishment would somehow heal society and
avenge the victim. Criminals are the enemies of us all and deserve to suffer
-If you aren’t willing to punish then you look like you’re weak on crime
-Different motivations for punishments don’t indicate working outside of the box
-Favouring rehab over punishment indicates a lack of support for justice
Enemy of the Victim
-Civil law
-Conflicts between private parties
-Negligence causing harm to others
-Monetary solution
Enemy of Society
-Criminal law
-Conflicts between persons and society
-Criminal negligence
-Punitive solution
!1
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Thursday, September 17, 2015
-Some conflicts are in open conflict with society and not just the immediate victims as
it opposes the views we share
-From the perspective of law, crime is always harming society and is always a threat to
the core values of society
Progressive Separation of Civil/ Criminal Law
-12th century: prosecutorial role (fiscal prosecutor) appears
•fiscal prosecutor to generate revenue
•conflict between parties also concerned the ruler
-Efforts to monopolize ‘legitimate violence’ & taxes
-Tort to individual —> attack on the sovereign
•Eventually disturbing the peace of the dominion
-Confiscation of judicial procedures (inquisition ex officio)
-‘Peace money’
•tax the sovereign puts on the people through the prosecutor due to certain
infractions
-Corporal punishments for the poor
•to secure the sources
-Removing the right to deal with conflict yourself
-Progressively the victim will be an instrument of sovereign power as the power will
double cross the victim as it feels that it is the most victimized
-The bourgeoisie will be developed by criminal justice, criminal law, and civil law
-17th century: Monopoly of Royal Justice over Crime
-Hugo Grotius (1583-1645)
•“natural right” of self-preservation
-Thomas Hobbes (1588-1679)
!2
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Thursday, September 17, 2015
•A punishment, is an Evil inflicted by public authority, on him that hath done, or
omitted that which is judged by the same authority to be a Transgression of the
Law: to the end that the will of men may thereby the better be disposed to
obedience — The Leviathan, 1660
•No legit punishment without law beforehand
-John Locke (1632-1704)
•Every man hath a right to punish the offender and be executioner of the law of
nature — Two Treatises of Government, 1689
•If the ruler isn't legit then citizens have the right to revolt
-Limit punishment to maximize reoffending
-18th Century: contemporary criminal/ civil distinction secured Enemy of the king —>
enemy of society
-Theories of justice under which punishment is okay
- Victims are complete tools
-Justice is complete when society is avenged
-Criminal law increasingly secular and detached from religion
-Punishment is not thought of as vengeance but as justice
The Formation of Modern Policing: An Overview
-Polizeiwissenschaft (police science)
•a science of good government
-The first idea of policing wasn’t about reducing crime
-Science of government + Science of happiness
-Security + prosperity
-Nicolas de la Marre Traité de la police, 1705
-Knowing the state’s population (statistics)
!3
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
The formation of the idea of criminal justice. Trans-political system of thought: criminal justice doesn"t vary much due to politics. Hostile ideology: promotes hostility towards people regarded as criminals. Norms of behaviours attached to norms of sanctions: Punishment as duty: impunity is the greatest injustice. In iction of pain as recipe for justice: punishment would somehow heal society and avenge the victim. Criminals are the enemies of us all and deserve to suffer. If you aren"t willing to punish then you look like you"re weak on crime. Different motivations for punishments don"t indicate working outside of the box. Favouring rehab over punishment indicates a lack of support for justice. Some con icts are in open con ict with society and not just the immediate victims as it opposes the views we share. From the perspective of law, crime is always harming society and is always a threat to the core values of society.
