Dangerous Offenders in Canada-Free-Samples-Myassignmenthelp.com

Question: Demonstrate your knowledge of the Classical and Positive Schools of Criminology. Answer: Introduction: The term dangerousness is not only a mere term; it highly denotes the nature of the offenders in the course of their harmful activities (Canals, 1960, p.545). Since time immemorial, the Positivist School drafted the controversy against the concept of criminality from two distinct aspects (Canals, 1960, p.545). In this regard, it is noteworthy to mention here that the two distinct aspects are repressive and preventive. In case of repressive, the dangerousness of the crime is identified by the society while in case of preventive; focus was laid on rehabilitation or reeducation (Canals, 1960, p.545). The purpose of this paper is to determine the provisions of dangerous offenders and its evolution in the Canadian criminal system. The paper examines the consideration of Canadian law makers in improving the legislative structures in order to provide protection to the society by keeping in view the constitutional rights of such offenders. Summary of the Perspective: According to the positivist school of criminology, a person is born as a criminal. In this regard, the positivist school emphasized criminological thinking supported by various subjects like psychology, sociology and psychiatry (Jeffery, 1959 p.4). In the positivist school of criminology the major elements is associated with the criminal activities caused as a result of natural consequences of unrestricted addiction of human being to seek contentment (Canals, 1960, p.545.). Since time immemorial, positivism focused on human behavior and its contribution to the criminal justice system (Jeffery, 1959 p.7). The positivist school classified the offenders based on their nature and activities (Canals, 1960, p.546). In this regard, the foundational assumptions of the positivist school of criminology can be illustrated. It is noteworthy to mention in this context that various theorists from time to time influenced the foundation of the new positivist school of criminology. In this regard, it is noteworthy to mention here that the importance of positivism can be determined with the application of scientific methods in analyzing the subject-matter of crime (Jeffery, 1959, p.7). Since time immemorial, the positive school of criminology focused on the study of criminals rather than crime. The positive school was much concerned about the protection of the society and it regarded it as the ruling factor in punishment (Jeffery, 1959, p.18). Therefore, the positive school of criminology initiated the study of criminology by establishing the study of criminals within the scientific structure (Jeffery, 1959, p.18). As a result of the positivist theory the concept of social defense came into existence. Howe ver, the concept of social defense has not taken any significant movement in order to address the issues associated with criminology (Canals, 1960, p.548). Application: The concept of dangerousness was used by the positivist school of criminology for the determination of neutralizing measures (Canals, 1960, p.546). It is noteworthy to mention here that the concept of Positivist school of criminology from the very beginning is focused on the factors governing punishment. The theorists of positivism explained that punishment should be designed in a way in order to reincarnate the criminal and not the crime. In this regard, the introduction of various methods of reform such as probation, parole and sentences of detention further facilitated the approach of the law makers towards positivist school of criminology. The positivist school of criminology applied to those states in which emphasized on social welfare other than public welfare. Therefore the Canadian perspective on criminology applies the abovementioned principle of the positivist school. Similarly, the perspective of the positivist school of criminology can be applied to Section 752.1 (1) wher e the Court is at the authority to remand an offender upon believing that he has committed a serious offence and therefore falls under the category of dangerous offenders. In this regard, the concept of social defense can be applied however; it could not significantly explain the issues associated with the conviction of dangerous offenders. According to positivism, the importance of society was above all and therefore punishment was essential for their betterment (Jeffery, 1959, p.18). The positivist schools of criminology emphasized that the subject matter of criminology falls within the purview of science and law as both the branches proved to be efficient in making policies. Therefore, the provisions of Section 753 (1) are consistent with the perspective of the positive school of criminology where the offender can be convicted of serious offences related to personal injury and sexual behavior. The positivist school of criminology signifies the knowledge based on scientific knowledge and has been applying it accordingly. Therefore, with the application of science it will be possible to understand that whether execution of dangerous criminals will not deter other criminals or not. It is noteworthy to mention here that the judgments by the positivist school of criminology in order to provide appropriate punishment for the offenders who have been convicted as a result of sexual and dangerous offences is inconsistent with the provisions of Dangerous Offenders as depicted in the Criminal Code of Canada The concept of positivism from the very beginning contributed to the application of Canadian penal laws. However, with the development of scientific techniques, the offenders have been classified into new categories based on their behavioral patterns. The behavioral patterns of dangerous criminals have been explained by the theorists of positive school of criminology efficiently. The motive of positivism is to initiate the study of criminals for the purpose of imposing appropriate sentence of detention for unstipulated period. Conclusion: In the conclusion it can be stated that the field of criminology has been advanced by the positivist school by introducing scientific technology within the framework of criminal justice system in Canada. Since time immemorial the behavioral patterns of the criminals created obstacles to the theory of positivism. In this regard, it is noteworthy to mention here that the provisions of dangerous offenders received new recognition in the Canadian criminal justice system. The positivists have clearly laid the foundation of social solidarity in order to reinforce social norms by means of punishment. Therefore, it can be finally concluded that the perspective of the Positive School of Criminology can be well applied on the information regarding Dangerous Offenders in Canada. References: Canals, J. M. (1960). Classicism, positivism and social defense.The Journal of Criminal Law, Criminology, and Police Science,50(6), 541-550. Jeffery, C. R. (1959). Pioneers in criminology: The historical development of criminology.The Journal of Criminal Law, Criminology, and Police Science,50(1), 3-19.