CRIM 101 Lecture Notes - Lecture 2: Term Paper, Small Claims Court, Parliamentary Sovereignty

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amberhippopotamus248

21 Feb 2017

School

Simon Fraser University

Department

Criminology

Course

CRIM 101

Professor

Barry Cartwright

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Criminal Law in Canada

Term Paper Assignment

• Term paper assignment is posted in Canvas

• Term papers (@1,250-1,500 words, or 5-6 typewritten pages) will be due in week 11

(November 14th), and will be worth 20 percent of your grade for the course

• A two point per day penalty (10% of the value of the paper per day) will be applied to

late submissions

The Don’ts of Writing a Term Paper

• Do not spend a lot of time summarizing the readings for us (we’ve already read them)

• Do not look for imaginative ways to say the same thing over and over again in different

words (we got it the first time)

• Do not pad your references or try to run up the word count

• Do not make excessive use of I, me, my or mine (first person is okay, but remember that

the paper’s not about you)

• Do not engage in over-citation, where you’re citing twice in one sentence, or once in

every sentence (every two or three sentences is fine, as long as it’s clear where you’re

getting the information from)

Controlling Yourself

According to Gottfredson and Hirschi (1990), low self-control is the cause of all crime, all the

time. They argue further that low self-control is caused by ineffective childrearing, typically

carried out by parents or caregivers who themselves lack self-control. Low self-control, once

instilled at an early age, tends to be stable over the life course (Gottfredson & Hirschi, 1990).

Finding Your Voice

• Do not try to demonstrate erudition by using long words that you don’t understand

• Do not try to find new ways to create compound sentences that go on and on and on…

• Do not use the type of sound bites you see in news flashes, text messages and on Twitter

The Do’s of Writing a Term Paper

• Do try to find an imaginative title that describes your topic (a title like “Criminology

101 Term Paper Assignment” suggests disinterest)

• Do provide a sense of direction or purpose in the introductory paragraph (you do not have

to “state your thesis,” but you should give the reader an idea of where you’re going and

what you’re going to say)

• Do take the time to write a proper concluding paragraph (where you pull your arguments

or analysis together, and state your conclusions)

• Do try to demonstrate knowledge of the assigned readings (by incorporating them into

your analysis)

• Do go through the checklist at the end of the term paper assignment

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Criminal Law

• “The entire set of principles, procedures and rules Includes definitions of crimes, criminal

responsibility, punishments, and defenses to criminal charges

• Criminal laws includes both prohibition and a prescribed punishment

Criminal Law and Civil Law

Criminal Law

• Violation of public order, prosecuted by “the state”

• Finding of guilt or innocence

• Burden of proof: beyond a reasonable doubt

• Results in criminal penalties (e.g. jail)

Civil Law

• Infringement of contract or rights of another citizen

• Party who feels “wronged” brings civil suit

• Burden of proof: balance of probabilities

• Results in award of damages (e.g. monetary compensation)

The Origins of Criminal Law

• Most of the criminal laws in Canada - murder, robbery, assault - were inherited from

English common law

• England does not have a criminal code- they use “common law”

• Canada adopted its own Criminal Code in 1892, although it retained the power to create

common law until the 1950s

Common Law

• English body of law defined through successive decisions by judges, over generations

and even over centuries (common law is not defined through legislation)

• Canadian judges are permitted to exercise discretion in their decisions, and often write

detailed legal explanations to justify their decisions (similar to common law)

• Common law crimes were abolished in Canada in 1953, when the Canadian Criminal

Code was consolidated

• Some legal decisions can become binding on lower courts, but Canadian judges are still

bound/ constrained by legislation (e.g. the Criminal Code)

The Canadian Criminal Courts

• Adjudication of criminal cases divided between 2 levels of court – provincial or territorial

“superior courts”, and provincial or territorial “inferior courts”

• Provincial and territorial superior court judges are appointed by the federal government,

but the courts are administered and paid for by the provincial or territorial governments

• Superior courts deal with the most serious cases, both criminal and civil

• Provincial and territorial court judges are appointed by the provincial or territorial

governments again courts are administered and paid for by the provincial or territorial

governments

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Document Summary

According to gottfredson and hirschi (1990), low self-control is the cause of all crime, all the time. They argue further that low self-control is caused by ineffective childrearing, typically carried out by parents or caregivers who themselves lack self-control. Low self-control, once instilled at an early age, tends to be stable over the life course (gottfredson & hirschi, 1990). The do"s of writing a term paper: do try to find an imaginative title that describes your topic (a title like criminology. Criminal law: the entire set of principles, procedures and rules includes definitions of crimes, criminal responsibility, punishments, and defenses to criminal charges, criminal laws includes both prohibition and a prescribed punishment. Criminal law: violation of public order, prosecuted by the state , finding of guilt or innocence, burden of proof: beyond a reasonable doubt, results in criminal penalties (e. g. jail)

Related Questions

(130 Points)

Q1. A friend of mine is graduating soon. She accepted a job offer where she will be living away

from her family for the next couple of years. She is in the market looking for a new car and she

needs your help in order to decide whether to buy or lease. Since she does not know yet if she is

going to stay in the new job or not, she wants a short term commitment, two to three years.

She is currently looking at the 2018 Toyota Corolla. Based on the following information and the

fact that her opportunity cost is 6%, your recommendation to buy or lease is needed if the decision

is over two or three years. A detailed and complete analysis is required to support your claims.

New 2018 Corolla LE Lease â

$179 per Month / 36 Months / $2,878 Due at Signing

OFFER DETAILS

For well-qualified lessees with approved credit through Southeast Toyota Finance. Not all

lessees will qualify for this payment amount. Closed-end lease on new 2018 Corolla LE model #

1852 with automatic transmission and select equipment. Adding options increases payment.

$179.00 per month for 36 months. $2,878 due at signing includes $2,699 down payment and first

month's payment. No security deposit required. $17,582 Adjusted Capitalized Cost is based on

down payment; excludes tax, tag, registration, title and dealer fees. Dealer fees vary by dealer.

Monthly payments do not include applicable taxes. Lessee pays the remainder of maintenance

after ToyotaCare expires, excess wear and use, and $0.18 per mile over 12,000 miles per year.

Lease payments total $6,444. Disposition Fee of $350 due at lease-end. May not be combined

with certain other offers. Must take delivery between 06/05/18 and 07/09/18.

Assume that the same offer details above apply for 36 month lease and the mileage limit is 36,000

miles, but she wonât go above the mileage limit.

The MSRP for New 2018 Corolla LE is $20,897 (do not worry about taxes). She applied for an

auto loan and was able to get 1.99% APR compounded monthly for 24 or 36 months. Auto loan

payments are due the end of the month, while lease payments are due the first day of each month.

No down payment required to purchase the car.

COST TO OWN A 2018 TOYOTA COROLLA State:

Miles Driven Annually: 12,000

Cost to Own Breakdown Year by

Year: Year 1 Year 2 Year 3 Year 4 Year 5 Total

Depreciation $4,675 $1,235 $1,164 $1,038 $889 $9,002

Maintenance $0 $0 $135 $111 $812 $1,057

Repairs $0 $0 $0 $706 $918 $1,625

Every new vehicle purchased or leased includes complementary maintenance and roadside

assistance for 2 years or 25,000 miles.

Based on the KBB, the following will be the fair value of the car for different parties in 24-month

and 36-month.

In 24-Month In 36-Month

Retail Value $15,518 $14,967

Trade-In $12,418 $11,967

Private Value $13,518 $13,017

Note: The dealership will sell you a used car at the Retail Value, but buy it from you at the Trade-

In value. If you decided to sell your car by yourself to a private party, you will receive the private

value.

Hint: The main goal of this project is to see whether you understand the concept of Time Value of

Money (TVM), we covered in Chapter 4. TVM is the most important principle in the world of

finance, and I have to make sure you understand that money has different values over time

depending on the required interest rate. In other words, it is not simply adding or subtracting

numbers (a dollar today is not equivalent to a dollar tomorrow). Therefore, you need to create a

time line for each option, buy vs. lease, and for each period, 24 vs. 36 mo. On this time line, you

have to include all projected monthly payments based on the provided information. Once you have

all the payments on your time line, you can now discount them (calculate the present value) back

to period t=0 and compare your options. Feel free to use spreadsheets if you like to do it this way.

Finally, before you email or call me with your questions, you need to review Ch. 4 carefully. I may

give hints, but I will NOT solve the project for you!

- A detailed and complete analysis for the problem is required. Excel spreadsheets,

WRITE a one-sentence summary of each paragraph!

The False Income-Inequality Narrative

BY JASON L. RILEY

Published in the Wall Street Journal on Sept. 29, 2015

An enduring theme of the Democratic presidential race has been income inequality, coupled with an enduring belief that America's affluent reached their status at the expense of the poor and the middle class.

Bernie Sanders speaks of little else on the stump. And when not busy dissembling on her handling of email correspondence at the State Department, Hillary Clinton will tell you that the deck is still stacked in favor of those at the top. If Joe Biden gets in, expect more of the same. The vice president is said to be contemplating a 2016 bid in large part because struggling middle-income families may have trouble relating to Mrs. Clinton on inequality given her high living since leaving the White House.

This theme, in any case, seems to resonate with voters, which is no huge shock in the sixth year of an economic recovery. Envy and resentment fuel class warfare and lackluster economic growth throughout the Obama presidency have made people less optimistic and more inclined to fault others for their circumstances. A Wall Street Journal/NBC News poll this week reports that four-in-five Americans âwere either angry because our political system seems to only be working for the insiders with money and power or anxious and uncertain. After all, the economy still feels rocky and unpredictable or both.

Liberals want to address income disparities through wealth redistribution by taking money from more productive people and giving it to the less productive in the name of fairness as the left defines it. They want to raise income taxes, expand the welfare state, lift minimum wages, and strengthen the bargaining power of unions. Mr. Sanders has been the most explicit about this, even going so far as to propose a wealth tax. Our economic goals have to be redistributing a significant amount of [wealth] back from the top 1%, the senator said in July.

In reality, the left has overstated the problem. And all the focus on divvying up existing wealth instead of creating more risks making matters far worse for the people they are trying to help and the country in general. To the extent that the expanding welfare state allows more people to live without working and therefore without earning income or developing their own human capitalâsupporters of the welfare state are contributing to the very income disparities they so much decry, writes economist Thomas Sowell in his new book, âWealth, Poverty and Politics.

Mr. Sowell is the author of more than 30 books over the past four decades, many having to do with what drives different social and economic outcomes among different groups in the U.S. and elsewhere. In his latest tome, he draws from this well of research to do what he has done so well for so long: question basic assumptions behind public policy and follow the facts where they lead him.

One common assumption is that proportionate or random outcomes are the natural order of things and that gaps or disparities are evidence of something wrong. In fact, huge disparities are the norm, not the exception, because the demographic, cultural, and political factors that influence the development of the human capital that makes people productive also tend to be unequal.

In 2013, only 9% of U.S. women with college degrees who gave birth were unmarried, versus 61% of women who were high-school dropouts and unmarried. Harvard's Robert Putnam reports that children from professional families will hear 19 million more words than their working-class peers before the first day of kindergarten.

These children don't have the same prospects. Equal opportunity, in the sense of being judged and rewarded by the same standards as others, cannot possibly mean equal life chances for children born and raised in these very different settings,writes Mr. Sowell. The fact that life is unfair is not the same as saying that a particular institution, or a particular society, is unfair.

The argument that social mobility is a thing of the past in the U.S. also is disputable. Longitudinal studies by the IRS and others that measure the progress of individuals over time show that the American dream is alive and well. One such paper, published by the Pew Charitable Trusts in 2012, measured whether a person has more or less income, earnings, or wealth than his or her parents did at the same age and concluded that the vast majority of Americans had higher incomes, while 50% had greater wealth.

In other studies, Pew has found generational stagnation but the authors have noted that it didn't apply to immigrants. If low-income immigrants can rise even when the native-born don't, writes Mr. Sowell, that strongly suggests that American society continues to offer opportunities to move up economically, but that not all groups make the same use of these opportunities.

Mr. Riley, a Manhattan Institute senior fellow and Journal contributor is the author of Please Stop Helping Us: How Liberals Make It Harder for Blacks to Succeed (Encounter Books, 2014).

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CRIM 101 Lecture Notes - Lecture 2: Term Paper, Small Claims Court, Parliamentary Sovereignty

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