CRIM 2652 Lecture Notes - Lecture 1: Malum Prohibitum, Victimless Crime
2 May 2018
School
Department
Course
Professor
Lecture 1 – September 14, 2017
Consensus and Conflict Perspectives:
Consensus:
- Legal definiton of crime and the administation criminal justice reflect and
reproduce universally self shared social values
- Focus on criminal acts and actions (not reactions)
- Clear distinction btw criminals and non –criminals
- Crimes are acts which are mala in se (wrong in themselves)
o Ex. Murder is wrong
o There are grey areas – self defence, army, mental illness, victimless
crimes, drugs, prostitution
Conflict
- Less agreement
- Activities or behaviours are criminalized because of broader social, economic
and poli factors
- Unequal distribution of power and influence definitions of crime and the admin
of criminal jus
- Focus on behaviour of the criminal law and the process of law reform
- Crimes are acts or activities which are mala prohibita (wrong because against
law)
- No essential distinction btw criminals and non-criminals
-
Due Process and Crime Control
Due Process:
- Obtain fair justice and protect rights of accused
- Concern to limit, guide and structure official discretion and powers: the end does
not justify the means
- Ephasis o idiidual ad poedual ights of the aused: ette to auit
paties tha to oit oe ioet peso
- Presumption of innocence
- Changes to law:
o Arrest and detain who were not charged or convicted
▪ Terrorist act
▪ Carding
Crime Control
- Emphasis on controlling crime, protection of the public and rights of victims
- Emphasis on deterrence and incapacitation
- Criminal j authorities should have as much discetio ad poe eeded: the
ed justifies the eas
- Strong presumption of guilt and confidence that the innocent are screened out
at the policing and prosecution stages
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Legal definiton of crime and the administation criminal justice reflect and reproduce universally self shared social values. Focus on criminal acts and actions (not reactions) Clear distinction btw criminals and non criminals. Crimes are acts which are mala in se (wrong in themselves: ex. Murder is wrong: there are grey areas self defence, army, mental illness, victimless crimes, drugs, prostitution. Activities or behaviours are criminalized because of broader social, economic and poli factors. Unequal distribution of power and influence definitions of crime and the admin of criminal jus. Focus on behaviour of the criminal law and the process of law reform. Crimes are acts or activities which are mala prohibita (wrong because against law) No essential distinction btw criminals and non-criminals. Obtain fair justice and protect rights of accused. Concern to limit, guide and structure official discretion and powers: the end does not justify the means.
