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Lecture 1 consensus, pluralistic, and social conflict perspective.docx

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Carleton University
SOCI 2450
Darryl Davies

Lecture 1 Documentary…Struggle for Justice: The Jamie Nelson Story - Spent years in jail for a Rape he did not commit - Met the bartender (Cathy Fordham) • Picked her and Christine up one night (began a relationship with Christine) and Cathy was pissed - Cathy charged him with assault and told police he was her boyfriend - Christine was pregnant she changed psychologically - Jamie separated from Christine and got a lawyer because he wanted custody - Kathy charged him with harassment + other offences 6 times - Jamie wanted access of his children, kept losing access of his son because of Cathy - Arrested twice because of Cathy - Moved 45 minutes out of town with Marie was his new love and children - Easter Sunday: Jamie was at the store with Dustin and Matthew when the police showed up looking for Jamie. Police threatened to shoot him if he ran - He was called a Sexual deviant monster, then denied him of a polygraph test - Immediately put in isolation for 3 weeks with no food and clothes • Tried to hang himself - 29 of April 1996 was when Cathy reported the supposed attach her (she waited 2 months) th - Katy said that>>On Feb 28 her “ex” (Jamie) snuck in her apt. and viciously attacked • She knew she had to play a victim, - Marie wasn’t a credible witness because she was his wife and could lie - Doctors said she wants in distress, didn’t have the injuries of a rape victim - Trial lasted 9 days> although inconsistencies in her statement, the judge favoured Cathy - 3 and a half year and no parole until 50% of parole was served - Past contact with Cathy most likely played a role in the judge’s decision - No DNAagainst Jamie - Penis test>> 0-no response to all post cards (anger management and serious sexual behaviour program) - Got put in segregation (solitary confinement for 23 hours a day) spent 16months in isolation > because he didn’t participate in the sexual modification) - Children’s Aid took the children - Cathy was charged with false allegations - Cathy created a centre and she apparently would extort them sexually/financially - Filled over 30 complaints - March 12 1999, 12 months parole *not allowed in Ottawa - Cathy was convicted of public mischief and uttering death threats - He was acquitted in 5 minutes after waiting 6 years - Can’t get his other children back, not legally allowed to see them until they are 16 More info - Victims complaints are mostly directed at the police, especially sexual assault victims - There is no such thing as a pure victim, 80% of victims are hanging out with the victimizers (ie. Hang out with drug users /people with criminal records) - Most sex crimes against children occur in the home - Politics and time play a role in wrongful convictions, moving away from evidence and rule of law do as well; police begin to target people rather than look at evidence, personal/emotional considerations What is criminology? - Criminology is the discipline that studies the making of law, the breaking of law, and the reaction to the breaking of law. - Criminology consists of three divisions: • The sociology of law • Criminal etiology (the causes of crime) • Penology (the control of crime) - Criminal behavior: If the act is not included in the Criminal Code, then the act does not count as a criminal offence. - Crime: human conduct in violation of the criminal laws of a jurisdiction that has the power to make such laws, and for which there is some form of authorized sanction Criminal law - Criminal law: a body of specific rules regarding human conduct which have been promulgated by political authority, which apply uniformly to all classes of persons to which the rules refer and which are enforced by punishment administered by the state. - Criminal law has certain fundamental characteristics and distinguishes criminal law in various ways. • Politically – universal element of the definition of the criminal law (determines what laws are drafted/statutory/enforced); power of the state behind criminal law. The will to make new laws and to determine which laws become enforced and created into law • Specificity – to distinguish criminal law from civil law. Criminal law is very specific. Key because criminal law is precise and civil law is very general • Uniformity – even handed justice is applied across the board and there are no exceptions, other than those that are softened by discretion; everyone is equal before the law. • Penal sanctions – there is no such thing as a crime without some form of punishment/ legally defined sanction. Crime needs a legally defined harm to be a crime. Crime- Jerome Hall- “elements of the criminal law” - General principles of the criminal law: 1. Before a behavior can be called a crime, there must be external consequences or harm before an offence can be considered a crime • Amental or emotional state is not enough 2. The harm must be strictly forbidden and written down in the Criminal Code 3. There must be intentional or reckless conduct, or inaction that brings the harmful consequences of others • If one is forced to shoot someone, you have not committed a crime 4. Mens rea: there must be intent to commit a crime 5. Actus reus: the actual commission of the crime 6. There must be a causal relationship between the forbidden act and the harm that is caused 7. There must be a legally prescribed punishment Origins of criminal law - Classical theory – criminal behavior finds its origins in torts (wrongs to individuals). Embraces the notion that criminal law evolved because of harms against individuals. • The transitions from a society that had no criminal law to a society that had criminal law i. The avenger (person who had been injured) must make clear their intentions for seeking revenge. ii. Permission had to be sought out from members of the society/group before you could seek out your revenge. iii. There was a rule to which how much injury you could cause the other person (had to be regulated iv. An investigation to ensure that everything was done in accordance with the rules v. Members of the group could also participate - Rational processes of a unified society – rationality prevails when people commit a crime: they are held responsible and charged with an offense. A unified society came together and made rules, you broke the rules, and punishment would ensue • Rationalism - Crystallization of the mores – values and customs over time that have become accepted as part of our society and that breaking them is a crime - Conflict theory: Criminal law originated as a conflict of interest of different groups. Certain people competed with each other to make laws and regulations. People at greatest risk of imprisonment are poor Emile Durkheim - Durkheim said there is no such thing as a society that does not have crime. He looks at criminal behavior as normal behavior. - No society has ever existed without crime - Pathological crime: criminal conduct exceeds the capacity of the resources of the state to control it Some definitions - Sexual assault can be both criminal and civil - Substantive law: criminal law/body of law - Procedural law: protect individuals against unjust treatment by the state. Charter of Rights and Freedoms ensure that you are dealt with by a process - Administrative laws regulate many daily business activities. Viola
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