Why Do People Commit Crime?

Evil is unspectacular And always human And shares our bed And eats at our table.
W.H. Auden, British Poet (19 !"19!#$ %rom &'etective (tory)

*he study o% why people commit crime is important, however, there are many theories that try to e+plain criminal behaviour. ,riminolo-ists use a variety o% di%%erent e+planations varyin- %rom physiolo-y, biolo-y, psycholo-y, sociolo-y, politics, and economics. *he %ollowin- chart -ives an overview o% a %ew theories on the causes o% criminal behaviour. *his is not an e+haustive list, as there are as many theories about causes o% crime as there are crimes themselves. Theory of Crime Classical Theory Characteristics or Beliefs of Theory Theoretical Solutions to Crime Punishment is because people choose to commit a crime The punishment should be severe enough to deter criminals from committing a crime The punishment should fit the crime Beccaria believed that the law should be impartial and that all persons are e$ual under the law The role of the government is to control crime by enacting laws and ensuring that the laws are enforced through swift punishment %n this theory" more prisons and stiffer criminal laws with greater penalties for offenders are considered to be the best solutions to crime Positivists" such as (ombroso" believed that punishment should fit the criminal instead of the crime They argue that the causes of crime are biological or psychological and as a result" there should be indeterminate sentencing"

According to Cesare Beccaria crime is caused by the individual free will !uman beings are rational" and ma#e decisions freely and with understanding of conse$uences Persons rationally choose actions that will bring them pleasure Crime is an immoral form of behaviour

Positive Theory

An early &'th century theory put forth by Cesare (ombroso argued that people)s actions are determined by biological and psychological factors %n the *+,'s this theory argued that criminal behaviour

resulted from chromosomal abnormalities The idea is that criminals are born" not made Psycho-analytical Sigmund .reud believed that Theory all humans have criminal tendencies %t is through sociali/ation that these tendencies are controlled during childhood %f a child has an identity problem with his0her parent" this problem may cause the child to direct its antisocial tendencies outward and thus become a criminal Sociological Theory 1mile Dur#heim believed that the social environment caused the criminal behaviour People in big cities are able to stay anonymous and as a result do not feel the constraints of society as strong Wea# or bro#en bonds to family" school" and religion are the catalysts to criminal behaviour People engage in criminal behaviour because they do not see the benefits of adhering to conventional social values" and believe crime is a way to improve personal social conditions

since people should be incarcerated only until rehabilitated

Strong sociali/ation is needed to prevent criminal behaviour .ocus on rehabilitation to redirect criminal tendencies

Positive alternatives divert peoples) actions away from criminal activity and create a sense of belonging" competence" and empowerment Social programmes that change the cultural and social conditions thought to lead people into crime are the best solution

Social Conflict Theory

5ur society protects those with power and property As a 2arl 3ar4 and .rederic# result" people who are 1ngels argued that the economically disadvantaged capitalist society encouraged are more li#ely to be punished crime as people competed by our 6ustice system The for resources and wealth only way to solve the crime problem is to eliminate the capitalist system

*he Purpose o% ,riminal .aw Accordin- to the (upreme ,ourt o% ,anada, the purpose o% law is to maintain a /ust, peace%ul, and sa%e society. As a result, a more speci%ic purpose o% criminal law is to prevent some acts %rom beincommitted. *his is done throu-h the criminal process which achieves its ob/ective throu-h punishment. As the (upreme ,ourt states, &0o1ur system o% criminal /ustice is based on the punishment o% conduct that is contrary to the %undamental values o% society, as statutorily enshrined in the ,riminal ,ode and similar statutes.) 2sin- this description, a crime is not only committed a-ainst an individual or victim but a-ainst society as a whole. 3ur ,riminal ,ode outlines several important %unctions %or the /udicial system. *he most important %unctions are4 to prevent harm to people and property5 to discoura-e personal reven-e5 to prevent o%%ences a-ainst public order, -overnment authorities and institutions5 and to prevent someone %rom harmin- himsel%5 and to e+press and en%orce morality.

*wo o% the most controversial %unctions o% the ,riminal ,ode are the en%orcement o% morality and le-al paternalism, or the idea that the -overnment needs to prevent people %rom harmin- themselves. 'e%inin- morality becomes challen-in- in a multicultural and democratic society. Who is to decide how the ma/ority should live6 3ur laws re%lect the moral values o% our society, so while some criminal o%%ences (e.-. murder$ are %airly static, other o%%ences shi%t with chan-in- attitudes and values. *he ,riminal ,ode ,anadian criminal law is based upon the British ,ommon .aw system brou-ht over by settlers in the ei-hteenth century. As each new province or territory /oined, the local /udiciary enacted new laws. As a result, the various le-islatures passed criminal laws that held stri7in- di%%erences. At ,on%ederation, criminal law was not consistent across ,anada, e+cept %or its common law base. (ections 91 and 98 o% the British 9orth America Act 1:;! determined which level o% -overnment would be responsible %or le-islation in a variety o% areas. *he <ederal -overnment received /urisdiction to ma7e criminal laws %or all o% ,anada. *he ,riminal Procedure Act o% 1::; %ormed the basis %or much o% today=s criminal procedures and by 1:98 the Criminal Code reduced all the criminal law in ,anada into one comprehensive document. >n 19?! and a-ain in 19@#, Parliament revised the Criminal Code to re%lect ,anada=s new independent status. Aarious other amendments made to the Criminal Code to re%lect the needs o% chan-in- times. .i7e most le-islation, the Criminal Code is constantly evolvin- to meet the social values o% society. *he introduction o% the ,harter o% Bi-hts and <reedoms in 19:8 means that now each section o% the Criminal Code is sub/ect to a test o% constitutionality. (ince law is a re%lection o% society, many issues such as birth control, suicide, homose+uality, abortion, and -amblin- C that were all at one time or another considered ille-al under the Criminal Code, are now beindecriminaliDed. *oday our Criminal Code contains twenty ei-ht di%%erent parts that cover a variety o% o%%ences. >t is a comple+ and challen-in- document that is open %or interpretation and debate amon-

lawyers and /ud-es ali7e. *his debate on the meanin- and application o% criminal law is an important part o% the criminal /ustice system. >n an atmosphere o% social and technolo-ical chan-es, we need to balance the concepts o% law and /ustice in our society i% our le-al system is to remain relevant.

,oncepts o% Eustice *he statue o% /ustice is a symbol o% the purpose o% /ustice. *he scales su--est that all interests are wei-hted eFually and the blind%old represents that /ud-ements will be made without discrimination. While this is the idea, many victims -roups ar-ue that the ri-hts o% the accused o%ten outwei-h the ri-hts o% the victims. 3ther -roups ar-ue that the scales o% /ustice are o%ten tipped to help the rich and the power%ul and visible minorities o%ten %ace tou-her challen-es in the /ustice system. *he ,anadian /ustice system does not subscribe to retributive /ustice i.e., &an eye %or an eye)5 but instead promotes restorative /ustice. >n restorative /ustice, the o%%ender must reco-niDe, accept, and ta7e real responsibility %or his actions. Abori-inal /ustice %ocuses more on a healin- concept o% /ustice. *he ,anadian ,harter o% Bi-hts and <reedoms helps to ensure that criminal laws and those who en%orce them act within the principles o% /ustice. *he concepts o% /ustice are best re%lected in criminal procedures. A criminal trial re%lects the ideas o% %airness and due process. *he ,anadian criminal system %ollows the adversarial system, which di%%ers %rom the European inFuisitorial system. 3ne o% the %irst ma/or concepts o% /ustice revolves around the rule o% law. *he rule o% law means that no one is above the law. Any and all individuals can be punished %or brea7in- the law. All citiDens are eFual under the law. *he second ma/or concept that e+ists within our /ustice system is the idea that people accused o% an o%%ence 7now e+actly with what o%%ence they are char-ed *his in%ormation will help them to prepare a de%ence %or trial. Another ma/or concept deals with the idea that people do not have to answer %or their conduct until the state presents a plausible case a-ainst them. *he cornerstone o% our ideas on /ustice rests upon the idea that all persons are presumed innocent. >t is the /ob o% the ,rown to prove beyond a reasonable doubt that the accused committed the o%%ence at hand. *wo other concepts shape our /udicial system4 the concept that trial should be open and public, and that /ud-es and /uries must be impartial. *hese concepts serve as the %oundation %or ,anadian /ustice system.

Part >4
1. ,onsider each o% the theories re-ardin- causes o% crime, and the hypothetical solutions each theory o%%ers. >denti%y whether you accept or re/ect the theory, and indicate why you made that decision. Theory of Crime Classical Theory Positive Theory Social Conflict Theory Psychoanalytical Theory Sociological 8. *heories about the causes o% crime are plenti%ul. 2sin- the >nternet, libraries, and other resources, research Ecolo-ical (chool and >nter"actionist *heories, and write down the 7ey ideas associated with this theory. 'o you accept or re/ect the theory6 E+plain why. #. *he 9ational ,ouncil o% Wel%are release a report in 8 entitled Eustice and the Poor. 2se the >nternet. Beview the document section on &Who ,ommits ,rime6) Accordin- to the document, who is at the -reatest ris7 o% committin- a crime and why6 <ind one revelation %rom the document that surprised you and e+plain why. Why are reports such as this one important in understandin- crime and our /ustice system6 ?. *he ma/ority o% people in society do not commit crimes. Why do you thin7 people obey the law6 Accept or 7e6ect Theory and Why

Part >>4
1. *he history o% the ,riminal ,ode shows that laws are o%ten re%ormed to re%lect chan-in- societal values. Which laws do you thin7 will be sub/ect to chan-e in the ne+t ten to twenty years6 Why6 8. Part o% the ,anadian le-al tradition is the premise that it is better %or ten -uilty persons to be set %ree than %or one innocent person to be convicted un/ustly. 'o you a-ree with this premise6 E+plain. #. 'o you believe that /ustice is truly blind and that all citiDens are treated eFually under the law6 ?. ,ompare the adversarial and the inFuisitorial /ustice systems. What system do you believe best serves /ustice and why6 @. ,riminal law re%lects the moral values o% society. *he debate between law and morality can best be demonstrated in the 19:: Gor-entaler case. *he (upreme ,ourt determined that the ,riminal ,ode provisions ma7in- abortion ille-al were invalid because they con%licted with the ,anadian ,harter o% Bi-hts and <reedoms. Beview the ,harter and determine which section would be violated i% women did not have the ri-ht to have an abortion. ;. Which o% the concepts o% /ustice discussed do you believe to be the most important in the ,anadian /udicial system6