Dangerous Offenders in Canada - A Perspective from the Positivist School of Criminology

This paper explores the concept of dangerous offenders in Canada and its evolution in the criminal justice system. It provides a perspective from the positivist school of criminology and examines the provisions of Canadian law makers in improving the legislative structures to protect the society while keeping in view the constitutional rights of such offenders.

Running head: DANGEROUS OFFENDERS IN CANADA
Dangerous Offenders in Canada
Name of the Student
Name of the University
Author Note

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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

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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. However, 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) where the Court is at the authority to

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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

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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.

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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.