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Criminal Justice Exam 1 > 1 > Flashcards

1 Flashcards

1
Q

Crime

A
  1. social - violation of social norms
  2. legal - violation of the criminal code
  3. social construct - behaviour deemed wrong by powerful entities
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2
Q

Justice

A
  • enforces rules to protect well being of individuals and communities
  • government agents responsible for achieving and maintaining justice
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3
Q

Rule of Law

A

society governed by clear, orderly rules

  • scope: equality, no privileged exemptions
  • character: public and understandable
  • institution: due process
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4
Q

Legitimacy and Due Process

A
  • focuses on fairness and the rights of suspects
  • based on society’s perceptions of fairness and equality
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5
Q

Criminal Justice System Components

A
  • Police: collect evidence, investigate, arrest
  • Courts: determine guilt and punishment
  • Corrections: post sentencing proceedings
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6
Q

Corrections

A
  • Provincial: sentences under 2 years, non custodial sentences
  • Federal: sentences over 2 years
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7
Q

Police

A
  1. Municipal
  2. Provincial
  3. Federal
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8
Q

Courts

A
  • Lower courts: provincial
  • Superior courts: trials
  • Appeal courts: highest provincial level
  • Supreme Court of Canada: highest level
  • Nunavut: separate one step system
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9
Q

Precedent

A

Judgements based on previous judgments.
- stare decisis

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10
Q

Crime Control Model

A
  • tough on crime
  • lengthy sentences, no parole, efficient convictions
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11
Q

Adversarial System

A
  • purpose: seek truth
  • two sides: prosecution and defence
  • trial heard by judge
  • advantages: clear division, evidence presentation, system legitimacy
  • limitations: plea deals undermining system for efficiency, evidence exclusion, lengthy process
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12
Q

Substantive Criminal Law

A
  • defines crime and forbidden conduct in society
  • informs about consequences for wrong doings
  • legitimacy for law enforcement agencies
  • evolves as parliament passes new laws
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13
Q

Procedural Criminal Law

A
  • procedures for processing cases
  • ensures due process
  • responsible for Charter principles and fundamental justice
  • gives legality to and constraints law enforcement agencies
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14
Q

Discrimination

A

different treatment based on negative judgments of people from different groups

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15
Q

Disparities

A

differences but not necessarily discrimination

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16
Q

System Discrimination

A

throughout the entire system

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17
Q

Institutionalized Discrimination

A

disparities in outcomes of decisions

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18
Q

Individual Discrimination

A

a specific employee

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19
Q

Contextual Discrimination

A

organizational policies in agency’s

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20
Q

Pretrial Procedure

A
  • arrest, detention, first court appearance
  • right to be informed of charges
  • evidence collection
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21
Q

Trial Process

A
  • preliminary inquiry: choose trial by judge or judge and jury on indictable offences
  • trial: proof beyond reasonable doubt needed for conviction
  • sentencing and incarceration
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22
Q

General Intent

A
  • mens rea inferred from action
  • no additional investigation needed to prove state of mind
    (assault, manslaughter)
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23
Q

Specific Intent

A
  • requires additional proof of intent
    (arson, robbery, murder)
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24
Q

Criminal Liability

A
  • general definition: harmful action that is prohibited by criminal law and can be prosecuted by the state in formal court where punishment can be imposed
  • legal definition: • mens rea and actus reus
    • attendant circumstances (link between act and harm)
25
Q

Legal Defences

A
  • Excuses: admits act but claims lack of criminal responsibility (age, mental disorder, automatism)
  • Justification: admits act but claims it’s justified (provocation, entrapment, self-defence)
26
Q

Corpus Delecti

A

body of the crime

27
Q

Principles of Criminal Law

A

7 of them, state usually must prove each for a conviction.
legality, mens rea, actus reus, concurrence of mens rea and actus reus, harm, causation, punishment

28
Q

Legality

A
  • no crime unless the law forbids it
  • act or omission in violation of criminal law with out justification
29
Q

Mens Rea

A

guilty mind/intent

30
Q

Mens Rea

A

guilty mind/intent

31
Q

Actus Reus

A

Guilty Act

32
Q

Concurrence of Mens Rea and Actus Reus

A

guilty mind/intent and guilty act simultaneously

33
Q

Harm

A
  • criminal only if harmful
  • not just physical (perjury, stalking)
34
Q

Causation

A
  • conduct of accused produces specific result
35
Q

Punishment

A

sanctions stated for each crime

36
Q

Constitution

A
  • source of criminal law
  • fundamental principles guiding law enactment and application
37
Q

Statute Law

A
  • source of criminal law
  • prohibits or mandates certain acts
  • systematically codified
38
Q

Case Law

A
  • source of criminal law
  • judges interpreting laws for specific cases
39
Q

Administrative Law

A
  • source of criminal law
  • created by regulatory/goverment agencies with the power of criminal law
  • develops and enforces rules in specific jurisdictions
40
Q

Canadian Charter of Rights and Freedoms

A
  • protection of legal rights
  • complex piece of legislation with only certain parts relating to criminal justice system
41
Q

Classifications of Criminal Offences

A
  • legal classifications: summary conviction, hybrid, indictable
  • general classifications: used by police/other agencies (poverty, violent crimes)
42
Q

Summary Conviction

A
  • max 6 months incarceration, $2000 fine
  • heard by provincial judge
  • charges laid in 6 months
43
Q

Hybrid Offences

A
  • prosecutors discretion to proceed as summary or indictable offence
  • formally based on previous record and other factors
44
Q

Indictable Offences

A
  • absolute jurisdiction: less serious, trial by provincial court judge (theft under $5000)
  • supreme court exclusive: most serious, trial by federally appointed judge and jury (1st degree murder)
  • election: all other indictable offences, choices between prov. judge no jury, fed. judge with or with out jury (sexual assault)
45
Q

Mala En Se

A

inherently evil/bad

46
Q

Mala Prohibita

A

only bad/evil because law says it is

47
Q

Philosophies that Guide the System

A
  • deterrence, justice model, rehabilitation, selective incapacitation, indigenous and restorative systems
48
Q

Philosophies that Guide the System

A
  • deterrence, justice model, rehabilitation, selective incapacitation, indigenous and restorative systems
49
Q

Deterrence

A
  • reducing crime through punishment
  • emphasis on certainty (capture), swiftness (prosecution) and severity (punishment)
  • general deterrence: influencing broader society
  • specific deterrence: targeting specific individuals
50
Q

Justice Model

A
  • proportionate punishment to crime
  • supports alternative sanctions for minor offences
  • guarantees due process and controls discretion
51
Q

Selective Incapacitation

A
  • focuses on high risk offenders (dangerous and recidivists)
  • aims to reduce crime rates through long term incarceration
52
Q

Recidivists

A

repeat offenders

53
Q

Rehabilitation

A
  • treatment focused approach
  • undetermined sentences, based on progress
  • improves chance of societal return
54
Q

Shared Principles of Indigenous and Restorative Systems

A
  • government needs to stop being sole regulator of those most affected by the crime (offender and victim)
  • focuses on restoring victim - offender relationships
55
Q

Indigenous Systems

A
  • focuses on reparations and avoids blaming offenders
  • values traditions, healing, community involvement
56
Q

Restorative Justice System

A
  • alternates to incarceration
  • addresses the harm rather than guilt
  • punishes other ways (guilt, family, shame)
  • informal, represents victims, communities and the public
57
Q

Access to Justice

A

Legal equality

58
Q

Bureaucratic Model

A

C.J.S workers face difficulties with rules, limited resources, and outside pressure

59
Q

Habeas Corpus

A

entitles detained individual to request assessment if they being unlawfully detained

Criminal Justice Exam 1 (1 decks)

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