Exam Study Guide – Short Answers
Sosc 1375 Nov 29
1) Broken Windows theory
Introduced in 1982 in an article by social scientists. It is a form of social reform. It prevents
further petty crimes and deters individuals from committing more serious crimes. It also has a
zero tolerance Reform.
In practice – The BWT holds that disorder and crime are inextricably linked.
- Behavior is influenced by the environment.
- Human behavior is strongly influenced by symbols of order and disorder
- Disorderly environment screams “ I am uncontrolled and uncontrollable”
2) Duty of care - Referred to as right-duty relationship in Tort law.
The duty not to injure must be owed to the party who suffers the injury
- The injured party must have a legal right that has been violated by the act or
omission of the other.
3) Tort Law – Wrong committed by one person against another, or against the persons property or
reputation either intentionally or unintentionally
- Most criminal law is tort law. Courts balance individual freedom vs. Injury
- Covers cases where a person causing an injury has no lawful right to do so.
4) Narratology- Different narratives can evoke different prejudices. The court room is about telling
stories. Theory and study of narratism and its structure and the way it affects out perception.
5) Sentencing Circles- Exist within the Canadian Criminal Justices system. An aboriginal way of
rehabilitation, only available to aboriginal people. Righting the crimes with the community.
RV Moses- 43 convictions -> sentencing circles-> never been convicted.
Process can be as determinate as content.
6) Doxa- Set of unexamined beliefs that structure out understanding of everyday happening.
“That which goes without saying comes without saying”
7) Drone war- New form of war first used in Bosnia and Kosovo in 1990
Minimizes allied casualties.
1990’s- 50 drones Present – over 70,000
8) Treaty of Westphalia- (1648) To avoid unnecessary war and conflict between states. 3 Main
1) Principle of state sovereignty- Political self determination
2) Legal equality between states
3) Non- intervention principle
9) Targeted killing- Initiated by the state against a person.
Anwar Al-Awlaki Case
10) Terrorism as a crime or act of war – Not a traditional war
- Not a traditional crime
- State Sovereignty
- State vs. ? Crime- Killing is for self defense only
- Guilt must be proven in court
War- Deadly force is legitimate
- Guilt is irrelevant
- No attempt to capture
11) Legal consciousness- Whatever we believe the law is
12) Administrative law- Governs the activities of administrative agencies of government
13) Medicalization- Process by which human conditions and social problems come to be defined
and treated as medical conditions.
- Medical profession entrance into court case
14) The concept of foreseeability
- As an element of tor liability it was difficult for the courts to apply
- A standard that has to be determined before damages for an unintentional act
could be determined.
15) Mens rea and negligence
- No mens rea’ needed- “A guilty state of mine”
- People are found liable in negligence more often for their acts than omission
- Rarely does a person have a legal duty to act positively rather duty is defined as a
duty to refrain from acting negatively
16) Community standards test
- The test is what Canadians cannot abide of tolerate other Canadians being
exposed to. A test of tolerance
- R.V. Butler- In this case the Supreme Court tied the community standards test to
harm. Thereby modifying the standing pornography obscenity law
- Found guilty
17) Canadian charter of rights and freedoms- Enacted in the constitution act of 1982
- Regulates relationships between government (federal or provincial) and a person
- Departure from parliamentary supremacy: shift of power from the legislative to
- It guarantees “ all Canadians rights to liberty, equality under the law, and freedom
of religion, expression, association and peaceful assembly.
18) Data double- Virtual self more-authentic than the real life self.
- Virtual self has no legal rights
- Hard to know when or what kind of ‘harm’ if any occurred.
19) Panopticon- Introduced by Jeremy Bentham. Did not like physical force
- We absorb social norms by watching others
- Meant to control the mind
- Social norms influence the way we act
- Watchman observing inmates in an institution
20) Surveillance society- The idea that privacy is mostly an illusion - Surveillance influences the way we act
- ‘the gaze’- all knowing eye disciplines the subject.
21) The dangerous poor- ‘poverty is the mother of crime’ Marcus Aurelius
- Notion of the poor people being dangerous and will stoop to criminality if given
- Views poor people as uncivilized due to their situation
22) Public space- Street as a vehicle people as passengers.
- Vagrants are seen as obstacles
- Impediments defined by way of a moral conception of urban propriet