Dangerous Offenders in Canada - A Perspective from the Positivist School of Criminology
Added on 2023-06-14
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Running head: DANGEROUS OFFENDERS IN CANADA
Dangerous Offenders in Canada
Name of the Student
Name of the University
Author Note
Dangerous Offenders in Canada
Name of the Student
Name of the University
Author Note
1DANGEROUS OFFENDERS IN CANADA
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
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
2DANGEROUS OFFENDERS IN CANADA
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
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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