CRJC 1000 Jan22nd Lec 3.docx

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Criminology and Criminal Justice
CRCJ 1000
Nicolas Carrier

CRJC 1000 Lec 3 nd Jan 22 2013 Sovereign Power - Do justice by the infliction of pain The Formation of the idea of Criminal Justice: an Overview - Trans-political in the sense that is doesn’t vary across time and space – no major differences in different parts of the world on what criminal justice is, there really isn’t a lot of differences in the political parties - Idea of criminal justice has a system of thought: norms of behaviour attached to norms of sanctions --- the idea that there can be no justice if there is not punishment, punishment as a form of duty. - Criminalization promotes hostility towards criminals - Hostile ideology that promotes pain as a punishment in relation to harm; “heals and keeps the society safe” Enemy of the Victim Civil Law - Model of justice – enemy of the victim - Conflicts between private parties - Enemy of Society Criminal Law - Persons and society Progressive Separation of civil/criminal - 12 century – invention of the prosecutor - Before 12 century; was not regarded as an offence to the king, it was seen as a conflict between individuals that would be settled privately. - Process of state formation: highly related to the ability of the king to secure its territory and impose its own rule of law on its territory. – law of the church - Idea of ‘Peace Money’ – forms of compensation, prosecutorial role make it so peace money is more important than compensation – the victim is an instrument of sovereign power; used to show that not only the victim has been victimized. No justice until the king receives it’s money - Royal power is not interested in harmony, it’s interested in securing its sovereign on their territory - The rich will manage to escape punishment by being able to pay – corporal punishment was developed for the poor (people who cannot pay) 17 Century; Monopoly of Royal Justice (power) over Crime - Parties involved to take justice into their own hands, - The need to establish the legitimacy of punishment, explain the source of law – provided by social contract theorists – sovereign to be responsible for criminal justice, theorize the relationship between punishment and obedience. - Grotius: natural right of self preservation; punishment is legitimate of the social contract - Hobbes: Limit punishment to the act of the sovereign (publique authority) – if it’s not coming from PA it’s not a crime. We need obedience; secure through the manifestation of sovereign power of punishment. - Locke: condition for harmony, will see private vengeance as endangering social peace, no war of all against all. If the ruler does not obey the Rule of Law – we can punish him, the justification of resolution. 18 Century: - The change of seeing the criminal as an enemy of the society and not just the king. The Formation of modern Policing: overview - Originally in the 18 century, police was associated to a science of government - In Germany; polizeiwissenschaft – how to regulate trade…etc in order to produce happiness, rich and powerful nation - About security and prosperity, how to intervene so that the nation can benefit - Policing will not be limited to controlling the poor but will also include regulation of cars, of the sciences…etc – anything that is of the government - Huge project to know the population --- development o
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