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Lecture 6

Lecture 6 classical & positivist.docx
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Department
Sociology
Course
SOCI 2450
Professor
Darryl Davies
Semester
Winter

Description
Lecture 6 Guest speaker Dan Donovan Ottawa Life Magazine - Social contract with the police – serve the public, enforces the moral and legal values of society, adhere to the oath which they take to the Queen (which represent our government, and our people) - In the police world, if an individual has two phones, it usually means that he’s dealing drugs - Police are given more power because they can detain and arrest you • You should be polite when stopped by the police - Area in Toronto known for drug activity: • Guy pulled over and asked the police man why am I being pulled over? • He questions the police man and then the police man squeezes his testicles • The officer denied the assaults, police suspected the victim of being involved in drug activity because he had 2 cell phones. [he was a cell phone sales rep] Constable Bubbles: Toronto Police: The G20 - “Constable Bubbles” arrested a woman at the G20 in Toronto because she blew bubbles in the officer’s direction. He told her that if she blew the bubbles his way that he would arrest her for assault. - People have the right to protest, and at the G20 they ordered people to stay away, they brought in 12000 policeman and they beat the crap out of everyone, and arrested thousands - Police didn’t wear their nametags for the G20 when they are supposed to wear them in public - Girl arrested for blowing bubbles Bill C-30 - Bill C – 30: protecting children from internet predator’s act • Passing a law that allows police without a warrant to monitor which IP addresses are being used on the internet. If they have a warrant they are allowed to monitor everything going on - Police need to be able to adjust to each situation; but there is a lack of ability to do this. Police just want to let you know who is in charge. All comes down to training and judgement and there is no oversight (because no one wants to hold the police accountable); is the issue competence? Classical theory assumptions - Human beings are rational, and most behavior is the result of free will coupled with rational choice - Pain and pleasure are the two central determinants of human behavior - Punishment, a necessary evil, is sometimes required to deter law violators and to serve as an example to others who would also violate the law - Root principles of right and wrong are inherent in the nature of things and cannot be denied - Society exists in order to provide benefits to people that they wouldn’t get it they were isolated - Certain rights are inherent in nature, and governments that breach these rights should be broken up - Crime disparages the quality of the bond that exists between people and society and makes it an immoral form of behavior Origins of criminal law - 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 - 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 Early Sources of the Criminal Law - The Code of Hammurabi • Emphasis on retribution (act of taking revenge upon a criminal perpetrator) to keep cruelty within bounds - Early Roman law (Justinian Code) • The Justinian Code set 2 law categories: public and private - Common law • Based on shared traditions and standards. Help guide the judicial decision making - Magna Carta • Was meant to stop the king from being able to prosecute barons without just cause • Guaranteed basic liberties. Basis for “due-process”. Some of the Charter provisions were based on this Two approaches to criminology th - 18 Century • Bentham: He came up with the notion of the pleasure/pain principle. He believed it guided human behavior. It means that people govern their behavior by avoiding pain and seeking pleasure.  Said punishment should be sufficiently distasteful to the offender that the discomfort experienced would outweigh the pleasure to be derived from criminal activity  For punishment to be effective, it must be swift and certain • Beccaria discussed that people govern their behavior by free will. Rationalism was key  Criminals should be punished based on the degree of injury they cause. Purpose of punishment should be deterrence rather than retribution. Torture is unjust  Responsible for contemporary belief that people governed their behaviour by freewill, crime is a choice, you are a person who guided your behaviour rationally - 19 Century • Largely focused on the fact that the criminal system was archaic. There were eight offences if which an individual committed, they could be executed. The police in France wer
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