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CRM 402 (4)
Chapter 1

CRM402(Criminal Justice and Inequality) - Chapter 1 The Gambling Problem

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Ryerson University
CRM 402
Christina Hollingshead

Chapter One: The Legalization of Gambling in Canada [the laws force a sense of good and bad upon its citizens, despite claiming to be neutral] Morality and the Law - All laws are a type of social control [before laws existed, people functioned rationally – there were no rampant murders or rapes, etc] [mala in se (wrong in itself; law where there is no disagreement)– murder, rape, incest] - When criminal sanctions are imposed, they are meant to contend with behaviours or activities that are thought to be a threat to society as a whole [civil law deals with two individuals in a dispute; burden is a balance of probabilities whereas criminal law has a burden of beyond reasonable doubt on the Crown where their duty is to prove actus reus (the guilty act) and mens rea (intent)] - As such, the state is considered the ‘injured’ party [problems with this: the victims get lost in the process are excluded, and the prosecution (is supposed to be about letting the facts unfold) becomes more about getting the perpetrator and the rights of the accused and a fair trial, etc.] [there is an imbalance, the State has lots of money and power behind it - It has been proposed that these activities or behaviours are in fact ‘moral’ choices [humans also bring emotions into their daily lives] - And as such the imposition of a criminal sanction imposes a set of moral values on citizens - And that these moral values may not be shared by all in society - Can you think of examples of this? - Marijuana - Prostitution - Others? [laws against same-sex marriage and homosexual laws, mandatory report of abuse (“Walking on Egg Shells” by Janet Mosher] Gambling in Canada - We often use various forms of gambling - Lottery tickets, betting at the racetrack, betting on sporting events, online gambling, and even casinos - It is a very popular part of the Canadian past-time - Significant restrictions have been eased in both 1969 and 1985 amendments in the Criminal Code that changing gambling laws in Canada - A fine line has been developed between ‘regulation’ and ‘prohibition’ - Gambling has turned HUGE profits for the Canadian governments - Profits they are more than hesitant to give up - It has also been proven profitable for private sector businesses as well - Out of all the government bodies, the provincial government receives the vast majority of profits from the gaming industry in Canada - They receive the largest percentage of annual revenue for all gambling –related activities in the province - The authors (Campbell, Hartnagel, & Smith) argue that: - “governments had become addicted to the money generated from gambling-related revenues” - They are greatly dependent on the revenues that come in - This raises concerns about ‘problem’ or ‘compulsive gambling’ and the gov
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