SOCI 2450 Lecture Notes - Lecture 1: Mens Rea, Crystallization
Document Summary
I) making the law: breaking the law (etiology of criminology- why do people break the law, reactions to the breaking of the law, the law is created by political officials, which are enforced equally onto all. Simple definition of crime classes by the police: criminal behavior is behavior specifically banned by the law. Characteristics of criminal law: politicality- only rules outlawed by the state are held as laws, specifity- different from civil law, it gives an extensive definition to a criminal law, uniformity- arguable in practice. Rules should apply to all peoples, equally: penal sanction- embodies deterrence. But, fear is an ineffective way to change human behavior; people are supposed to respect the law, not fear it. Laws represents the interests of society, not specific people, such as what. Sources: substantive- all the offences and penalties outlined by the criminal code, procedural- how the state will deal with violators (due process).