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Lecture 1

CRIM 3656 Lecture 1: Lecture 1

Course Code
CRIM 3656
Anna Pratt

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Today’s class
1. Introductions
2. Punishment as socio-historical phenomena (course theme #1)
3. What is punishment?
4. The prison-punishment nexus (course theme #2)
5. The social production of moral indi"erence (course theme #3)
6. Course objectives and outline
Truth and Reconciliation Commission
Repeal. S. 43 of CCC: Corporal punishment as “A Relic of a discredited Past”
Put forward 94 recommendations
#6 was that the section of the criminal code (s. 43) should be repealed
(which allows teachers & parents to use physical against children as long as it
is within certain reasonable limits and corrective purposes)
The federal liberals have said and have promised to …
1995: wife and husband and kids were in a car
Little boy pushed the girl out the back door, the father told the boy not to do
this, yet the boy still did so the father struck the kid and the father was
charged with assault
This issue was all over the media
Child welfare society took 6-7 children away from their parents, these kids
were a part of the group known as the church of god
Their view was the bible allowed parents to use an instrument to punish their
S. 43 of the CCC: “every schoolteacher, parent or person standing in the
place of a parent is justi8ed in using force by way of correction toward a pupil
or child, as the case may be, who is under his care, if the force does not
exceed what is reasonable under the circumstances.”
The Ontario court of appeal stated that non-abusive parents who may lose
their cool from time to time may be prosecuted which may interfere with
parenting choice and may harm families and privacy in terms of the family
The Ontario court of appeal also stated if they struck down this law, teachers
may need to use physical force to restrain kids from hurting others, so this
could prevent this
This decision was appealed from the supreme court of Canada and they also
upheld s. 43
The guidelines include no shots to the face or head, no corporal punishment
under 2 or teenagers, no injuries, should not be severe enough to cause
injury, no use of instruments or weapons (except the hand), it also
distinguished between parents and teachers
Corporal punishment by teachers is never okay, but they may use limited
force to restrain
England has not banned corporal punishment “of course violence against
children is not good, but a healthy smack is 8ne”
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