Foundations of Critical Criminology – Week 2 Lecture
John Hepburn Reading – “Crime does not simply exist; it is historically constituted” It’s created. But then its enforcement gives the impression that it has no history that it has always existed this way because we tend not to look at the construction of criminal law and its enforcement in historical terms.
The idea of kidnapping is not good, but back when residential schools were a thing from 1878 to 1996, it was considered okay, the Canadian state was engaged in kidnapping, but it was not considered kidnapping since it was exercise of state authority.
Corporations are “persons” all the rights and the privileges of persons, but none of the responsibilities. They get to download the responsibilities for making profit for their shareholders, which the executives of the corporations are legally mandated to ensure. Is it ethical when the consequences of corporate conduct harm the public? (Where is the concept of social good?)
When a select number of individuals benefit from the legalization of external externalities, which this state enables the corporation to engage in harm.
One body corporate is affiliated with another body corporate. If one of them is the subsidiary of the other, or both are subsidiaries of the same body corporate or each of them is controlled by the same person.
Minority (calling someone an infant) they do not have the same rights as a person of the age of majority. This is exactly what colonialism did and intended. The corporation is a product or manifestation of colonialism.
Science is really a social science. Why? Because we use language metaphors, and we use concepts. The conception of theory is a rational and logical explanation for an objective or naturally occurring phenomenon.
What is Criminology? We must first define what is “crime”
It is a legal concept that affirms the state has a monopoly on the use of force.
Only the central government (parliament, state gov., federal gov.) can make and enforce criminal law, but it can also devolve that authority to sub levels of government (provinces, municipalities, but only certain laws such as quasi punitive laws, legislate bylaws). (If you do wrong, you may be subject to sanctions, including incarceration.)
Municipalities and provinces are passing mandates that punish individuals with. Money fees and the deprivation of the rights over their bodies. There is no legal method remedy capacity for them to do so. Federal government does not have the authority to grant municipalities and provinces the legal right to abrogate autonomy over persons bodies. (Not even by laws) (So in theory municipalities and the provinces cannot enact criminal law. They can only pass by laws.
The state can devolve the use of force to persons in positions of authority, though with strict limitations which is not protected by qualified immunity (Ex. Parents, Teachers) (child cannot appeal the authority of parents)
What is Crime? Crime is set out in the Criminal Code of Canada. It is defined as:
Any act by Commission or omission that violates statute law.
There must be penal sanction, meaning punishment is a condition or requirement of criminal law.
Criminal law is also substantive law.
Substantive law MUST be passed by Acts of Parliament and conform to the Constitution of Canada. (Particularly rights and freedoms in Canada, Fundamental Freedoms, Legal Rights, Equal Rights, Enforcement of Guaranteed Rights.)
Parliament devolves statute, lawmaking authority of regulatory nature to provinces and municipalities. This principally concerns regulating private enterprises, especially those involving in use of crown lands and in relation to public safety.
IMPORTANT FOCUS on section 7-14 of the Canadian Charter of Rights and Freedoms: Everyone has the right to life, liberty and security of person and the right to not be deprived thereof. Except in accordance with the fundamental principles of justice.
The courts decide where and when legal rights have been called the reputation of justice has been called into disrepute because the police for the courts have violated your legal rights. (Blatant aggregation of the Constitution and the Charter of Rights and Freedoms in Canada.
“Due Process”/ “Procedural Rights”: Prior to trial and conviction, the accused is accorded the presumption of innocence and protections from abuse is of authority.
For punitive sanctions to be levied, concurrence must be established between the various elements of corpus delecti (the body of crime) especially:
Actus Reus Evil Act (not getting the vaccine, is NOT an evil act)
Mens Rea Evil Mind (Someone must have evil intent to harm another person or others.)
The Criminal Code of Canada unambiguously specifies punitive sanctions for breaking the law. If a defendant is found guilty. Until the defendant is found legally guilty, they are factually guilty.
The form and content of punishment must conform to the guarantees of the constitutions of Canada and the Charter of Rights and Freedoms.
Criminology: scientific study of crime and it has three foci.
Law Making
The breaking of law (Law Breaking)
‘societal’ reaction
ALL criminology’s are deterministic. They all assume crime.
Is Ontologically real?
Has objective causation. (Biological, cultural, psychological, and social.) The state has no law to criminalize the state. Therefore, criminology cannot have any theories or apply any of its theories to the state. The criminology is an arm of the state. And every criminologist is functionally an employee of the state.
Section 17 or 19 of the Criminal Code of Canada: Ignorance of the law is no excuse. (What excuse do leaders have? All of them are in violation of the charter, engaging in criminal act and conduct)
IMPORTANT FOR TEST! Will be Testing on Sections 7-14 (Legal Rights) of the Charter
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