SOSC 2652 Lecture Notes - Lecture 2: Malum Prohibitum, Victimless Crime, Kettling
31 Oct 2018
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Document Summary
Legal definition of crime and the administration criminal justice reflect and reproduce universally self shared social values. Focus on criminal acts and actions (not reactions) Crimes are acts which are mala in se (wrong in themselves: ex. Murder is wrong: there are grey areas self defense, army, mental illness, victimless crimes, drugs, prostitution. Activities or behaviours are criminalized b/c of broader social, economic and political factors. The inequal distribution of power influences definitions of crime and the administration of criminal justice. Focus on behaviour of the criminal law and the processes of law reform. Crimes are acts or activities which are mala prohibita (wrong because they are against the law) No essential distinction b/n criminals and non-criminals. Obtain fair justice and protect rights of accused. Concern to limit, guide and structure official discretion and powers: the end does not justify the means.
