CRIM 2652 Lecture Notes - Lecture 1: Abundant Number, Moral Panic, Due Process

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14 Dec 2016
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Course
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Criminal Justice Lecture 1
September 18, 2014
Intro-Themes of Course
It is very easy to violate the criminal law
Committing a crime does not mean youre a criminal
Crimes we think about are ones that are moral offenses and ones that are
popularized by the media
Criminal justice system works on crimes that we do not really think of as
crimes
Over-criminalization (hyper criminalization)- jurisdiction, state etc. creating
an excessive number of offenses to hyper regulate peoples behaviour
Is it counter intuitive for citizens to obey an enormous complex number of
laws
Violates the fundamental principle of the rule of law
Principle of fair notice, one ought not to be punished for something they do
not know is punishable; they should be given note of it ex. A pedo released on
probation, he violated his condition and got arrested again
Principle of do process- It is very easy to defend themselves against the case
that the state has against them
There is no kill date on a crime
This is a fight between the state that has lots of back up and an individual
that does not have back up
9/10 times we like that the state has all that once sided power, it usually
means that the bad guys dont have a chance
But what happens when theyre wrong and someone innocent is going
through the process of a bad guy, how do we know if they have it right?
On one hand we like that the state has lots of power but at the same time we
do not have control over the system to verify that they got it right
The way that we find out about the actions of the police and the crown is
when the investigation is over and it is time for the trial.
By that time the state has already made its case
Crown and police work closely together, because crown says were not
bringing charge if there is not enough evidence because they want to make
sure they will win
By the time you get to the trial the decision is already made because they
wouldnt come if they dont have a strong case
This explains why lots of people do plea bargaining
This is because the crown always has more power, most citizens like that
because we make certain assumptions over criminals that this power is being
used against
If were somehow criminals then how meaningful is the word
Giving laws fancy names and campaign their bills
There is no recognition of rehabilitation
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Criminal law carries sanctions with it therefore it is corrosive
We should test the legitimacy of the grounds that we let the state be
corrosive
Crime is socially constructed, one needs to be careful of the word
constructionism
Law itself is the process of social, political and historical work
9/10 times criminals come out of prison and most of the time are not
prepared to come out
The law is the constraint, lawyers and judges dont get to follow morals etc
they get to follow the law and the facts not right and wrong
Social scientist lets you ask questions about the right and wrong
If you let criminals out of prison, they WILL reoffend
1. Whats in a name? To name a thing is to give it value
2.Course objectives and outlines.
3. Brief Introduction to Course themes.
4.conflicts and Consensus Perspective.
Until 1961 aboriginals werent allowed to hire lawyers for their land cases
etc. This is because they did not have citizenship status
The Politics of Naming: Whats in a Name?
- Criminal
o The picture which is given is the picture of the crook without a
conscience, without a culture, who is just a criminal, nothing else but a
criminal.
- Crime
o Acts are not, they become. So also with crime. Crime does not exist.
Crime is related. First there are acts. Then follows a long process of
giving meaning to these acts. (Nils Cristie, 1998:121)
- Corrections
o The concealment of the intentional delivery of pain
Course Objectives
1. Introduce the nuts and bolts of the different components of the
criminal justice system
2. Explore a variety of past and present criminal justice practices,
issues and debates
3. Understand criminal justice as SOCIO-HISTORICAL phenomenon;
changes over time and place
4. Highlight the operation of criminal justice in the field; bring the
community to the classroom
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Document Summary

This is because they did not have citizenship status they get to follow the law and the facts not right and wrong: social scientist lets you ask questions about the right and wrong. If you let criminals out of prison, they will reoffend: 2. course objectives and outlines, 3. Brief introduction to course themes: 4. conflicts and consensus perspective, the law is the constraint, lawyers and judges don(cid:495)t get to follow morals etc, 1. Crime does not exist. giving meaning to these acts. (cid:499) (nils cristie, 1998:121: the concealment of the (cid:494)intentional delivery of pain(cid:495) Crime (cid:494)corrections(cid:495) conscience, without a culture, who is just a criminal, nothing else but a. Introduce the nuts and bolts of the different components of the criminal justice system: 2. Explore a variety of past and present criminal justice practices, issues and debates: 3. Understand criminal justice as socio-historical phenomenon; changes over time and place: 4.

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