PSYC39H3 Lecture Notes - Lecture 2: Epigenetics, Risk Assessment, Protective Factor
PSYC39-Lecture 2: Origins of Criminal Behaviour – Developmental Risk Factors
- Early in human history, humans can be tortured to see if they were guilty or not; confessed to
crimes to stop the torture
- Here we have a system where individuals are assumed innocent, until they are proven guilty
- Inquisitorial system: the judge cooperates with the police and is part of the investigation of
whether the criminal is guilty or not
oIf there is not enough evidence to bring the investigation to trial, there is a trial held if
they believe there is sufficient evidence
oThere is presumption of guilty, therefore brought to trial
- In the British system, manz are presumed to be innocent, and the decisions is on the crown to
prove the guilt
oThe guilt must be established in a public hearing and the judge must be unbiased
- Can get bail because the person is still considered innocent (since the guilt hasn’t been proven)
- When bail can be denied:
oIf the judge is convinced by the crown that the person may not show up to trial (flight-
risk: organized crime family, mental illness, flee to places with no extradition treaty with
Canada
oMay cause potential danger: if accused of spousal assault
- 2 levels to criminal offenses:
oLess severe: summary offences – sentences less than 2 yrs.
No juries
oMore severe:
Can choose jury
More than 2 yrs. of sentence
- In general, there is a way that the accused can show they have not broken a certain law and not
be subject to a severe penalty
They can also mount an emotional argument and get the jury to be sympathetic
Can come out with a benign out come
- If someone has been charged with a crime and trials occurred and they have been found
innocent/ guilty, they cannot by retried for the same crime (if they were found innocent)
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oIf the crown finds new evidence, they cannot re try the person and find them guilty
oEx. Paul Bernardo case
Legal Rights:
- The Charter allows the police to talk to the accused ONE session before they have a lawyer
Superior Courts:
- Highest level in the province and review decisions of provincial or lower courts
oTrial level: trials occur
oAppeal levels: lawyers appeal decisions at the trial level, if they think there has been a
mistake made in law
If one of the fucking lawyers is being a piece of shit, the trial goes to the
appellate court since they think they fucked up with the law
Then if they still feel like the appeal level ppl fucked up, it goes to the supreme
court
Supreme court can choose and will usually favour things that impact
national interest
Supreme Court: 9 judges, 3 must be from Quebec in recognition of the civil law system
Mental Health Involvement:
1. The police arrest accused
2. Show cause hearing at the magistrate: the prosecution/crown/attorney must show prima facie
evidence (first blush), level of evidence that needs to convince magistrate that there is a
possibility that this person might be convicted
a. If this tall, white male has blood on their shirt and it matches the victim’s blood, the
magistrate will be remanding this person for trial
a.i. Will this person be granted bail?
a.ii. If this person did stab the victim, there can be bail denied on secondary grounds
3. Psychologists will also be called in to decided whether a mental disorder can be used to justify
their crime
a. Not everyone with a mental illness are incapable of making just decisions
4. When people are found guilty, a risk assessment is asked for by the court to determine the
length of sentence and conditions of release
Theoretical perspectives on sanctions:
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find more resources at oneclass.com
Document Summary
Psyc39-lecture 2: origins of criminal behaviour developmental risk factors. Early in human history, humans can be tortured to see if they were guilty or not; confessed to crimes to stop the torture. Here we have a system where individuals are assumed innocent, until they are proven guilty. In the british system, manz are presumed to be innocent, and the decisions is on the crown to prove the guilt: the guilt must be established in a public hearing and the judge must be unbiased. Can get bail because the person is still considered innocent (since the guilt hasn"t been proven) When bail can be denied: if the judge is convinced by the crown that the person may not show up to trial (flight- risk: organized crime family, mental illness, flee to places with no extradition treaty with. Canada: may cause potential danger: if accused of spousal assault. 2 levels to criminal offenses: less severe: summary offences sentences less than 2 yrs.
