RESEARCH ON THE PROCESS OF CRIMINALIZATION AND NON-CRIMINALIZATION - AN EXAMPLE OF THE CRIMINOLOGICAL RESEARCH AT THE UNIVERSITY OF OTTAWA (CANADA)

• NCJ Number: 54747
• Journal: CRIME ET/AND JUSTICE Volume: 6 Issue: 1 Dated: (1978) Pages: 3-15
• Author(s): Y DANDURAND; J LAPLANTE
• Date Published: 1978
• Length: 13 pages
• Corporate Author: University of Ottawa
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: French
• Country: Canada
• Note: PRESENTED AT THE 19TH CONGRESS OF CRIMINOLOGY IN QUEBEC MONTREAL (CN), APRIL 20, 1978

Annotation

AN OVERVIEW IS PRESENTED OF DEVELOPMENTS LEADING TO AND PROJECTS BEING CONDUCTED IN RESEARCH ON CRIMINALIZATION AND NONCRIMINALIZATION AT THE UNIVERSITY OF OTTAWA'S DEPARTMENT OF CRIMINOLOGY.

Abstract

BOTH THE FORMAL DIMENSION (LEGISLATION, LAW REFORM) AND ACTUAL DIMENSION (THE FUNCTIONING OF COURTS OF JUSTICE, POLICE OFFICERS' DISCRETIONARY POWERS) OF CRIMINALIZATION AND NONCRIMINALIZATION ARE THE OBJECT OF INTENSE STUDY AT THE UNIVERSITY, NONCRIMINALIZATION BEING THE IDEA OF THE EXISTENCE OF A DISTINCT PROCESS BY WHICH THE ACTUAL CRIMINALITY OF INDIVIDUALS IS ACTIVELY PREVENTED. THREE GENERAL CRIMINOLOGICAL APPROACHES ARE DEFINED AS BACKGROUND FOR THE ANALYSIS OF CRIMINALIZATION AND NONCRIMINALIZATION PROCESSES: THE TRADITIONAL CLINICAL-SOCIOLOGICAL APPROACH (WHEREBY CERTAIN GROUPS OF PERSONS, ENVIRONMENTAL SETTINGS, AND BEHAVIOR TYPOLOGIES ARE IDENTIFIED AS CRIMINAL), INTERACTIONIST (WHEREBY SOCIETY INTERACTS WITH INDIVIDUALS TO FORM IDEAS OF WHAT IS CRIMINAL), AND POWER (CRIMINAL ACTION IS DEFINED AS THE RESULT OF THE STRUGGLE FOR POWER). RESEARCH PROJECTS CURRENTLY BEING CONDUCTED INCLUDE (1) A STUDY ON THE DEVELOPMENT OF CANADIAN INTOLERANCE OF THE POSSESSION AND USE OF FIREARMS, (2) A STUDY OF THE DEVELOPMENT OF FORMAL AND ACTUAL CRIMINALIZATION IN CANADA SINCE 1892, AND (3) AN EXPLORATORY STUDY OF THE DEVELOPMENT OF THE CRIMINALIZATION OF ACTS DESIGNATED AS CONTRIBUTORY TO INFANTICIDE IN CANADA SINCE 1892. OTHER LESS HISTORICAL STUDIES CONCENTRATE MORE ON THE ACTUAL DIMENSION OF CRIMINALIZATION, SUCH AS ONE ON THE ROLE OF THE JURY IN RAPE CASES, OR A STUDY ON THE PARTICULARITIES OF ACTUAL CRIMINALIZATION OBSERVED IN VERY REMOTE AREAS WITH LARGE INDIGENOUS POPULATIONS. OTHER STUDIES ARE FOCUSING ON NONCRIMINALIZATION WITH REGARD TO THE COMMUNITY AND ITS SENSE OF JUSTICE AND THE MECHANISM OF JUSTICE AS A RESOLUTION OF CONFLICT, AND ITS ROLE IN NONCRIMINALIZATION. IT IS EMPHASIZED THAT SUCH STUDIES MUST BE REPLICATED IN ORDER TO PRODUCE A RATIONAL CRIMINAL POLICY THAT RECOGNIZES A SOCIETY THAT IS BASED LESS ON UNDIFFERENTIATED REPRESSION AND MORE ON THE RESPECT FOR INDIVIDUAL FREEDOM. REFERENCES ARE PROVIDED. --IN FRENCH. (MHP)