1 Flashcards
1
Q
Crime
A
- social - violation of social norms
- legal - violation of the criminal code
- social construct - behaviour deemed wrong by powerful entities
2
Q
Justice
A
- enforces rules to protect well being of individuals and communities
- government agents responsible for achieving and maintaining justice
3
Q
Rule of Law
A
society governed by clear, orderly rules
- scope: equality, no privileged exemptions
- character: public and understandable
- institution: due process
4
Q
Legitimacy and Due Process
A
- focuses on fairness and the rights of suspects
- based on society’s perceptions of fairness and equality
5
Q
Criminal Justice System Components
A
- Police: collect evidence, investigate, arrest
- Courts: determine guilt and punishment
- Corrections: post sentencing proceedings
6
Q
Corrections
A
- Provincial: sentences under 2 years, non custodial sentences
- Federal: sentences over 2 years
7
Q
Police
A
- Municipal
- Provincial
- Federal
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
9
Q
Precedent
A
Judgements based on previous judgments.
- stare decisis
10
Q
Crime Control Model
A
- tough on crime
- lengthy sentences, no parole, efficient convictions
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
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
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
14
Q
Discrimination
A
different treatment based on negative judgments of people from different groups
15
Q
Disparities
A
differences but not necessarily discrimination
16
Q
System Discrimination
A
throughout the entire system
17
Q
Institutionalized Discrimination
A
disparities in outcomes of decisions
18
Q
Individual Discrimination
A
a specific employee
19
Q
Contextual Discrimination
A
organizational policies in agency’s
20
Q
Pretrial Procedure
A
- arrest, detention, first court appearance
- right to be informed of charges
- evidence collection
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
22
Q
General Intent
A
- mens rea inferred from action
- no additional investigation needed to prove state of mind
(assault, manslaughter)
23
Q
Specific Intent
A
- requires additional proof of intent
(arson, robbery, murder)
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
Legal Defences
- 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
Corpus Delecti
body of the crime
27
Principles of Criminal Law
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
Legality
- no crime unless the law forbids it
- act or omission in violation of criminal law with out justification
29
Mens Rea
guilty mind/intent
30
Mens Rea
guilty mind/intent
31
Actus Reus
Guilty Act
32
Concurrence of Mens Rea and Actus Reus
guilty mind/intent and guilty act simultaneously
33
Harm
- criminal only if harmful
- not just physical (perjury, stalking)
34
Causation
- conduct of accused produces specific result
35
Punishment
sanctions stated for each crime
36
Constitution
- source of criminal law
- fundamental principles guiding law enactment and application
37
Statute Law
- source of criminal law
- prohibits or mandates certain acts
- systematically codified
38
Case Law
- source of criminal law
- judges interpreting laws for specific cases
39
Administrative Law
- source of criminal law
- created by regulatory/goverment agencies with the power of criminal law
- develops and enforces rules in specific jurisdictions
40
Canadian Charter of Rights and Freedoms
- protection of legal rights
- complex piece of legislation with only certain parts relating to criminal justice system
41
Classifications of Criminal Offences
- legal classifications: summary conviction, hybrid, indictable
- general classifications: used by police/other agencies (poverty, violent crimes)
42
Summary Conviction
- max 6 months incarceration, $2000 fine
- heard by provincial judge
- charges laid in 6 months
43
Hybrid Offences
- prosecutors discretion to proceed as summary or indictable offence
- formally based on previous record and other factors
44
Indictable Offences
- 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
Mala En Se
inherently evil/bad
46
Mala Prohibita
only bad/evil because law says it is
47
Philosophies that Guide the System
- deterrence, justice model, rehabilitation, selective incapacitation, indigenous and restorative systems
48
Philosophies that Guide the System
- deterrence, justice model, rehabilitation, selective incapacitation, indigenous and restorative systems
49
Deterrence
- reducing crime through punishment
- emphasis on certainty (capture), swiftness (prosecution) and severity (punishment)
- general deterrence: influencing broader society
- specific deterrence: targeting specific individuals
50
Justice Model
- proportionate punishment to crime
- supports alternative sanctions for minor offences
- guarantees due process and controls discretion
51
Selective Incapacitation
- focuses on high risk offenders (dangerous and recidivists)
- aims to reduce crime rates through long term incarceration
52
Recidivists
repeat offenders
53
Rehabilitation
- treatment focused approach
- undetermined sentences, based on progress
- improves chance of societal return
54
Shared Principles of Indigenous and Restorative Systems
- government needs to stop being sole regulator of those most affected by the crime (offender and victim)
- focuses on restoring victim - offender relationships
55
Indigenous Systems
- focuses on reparations and avoids blaming offenders
- values traditions, healing, community involvement
56
Restorative Justice System
- alternates to incarceration
- addresses the harm rather than guilt
- punishes other ways (guilt, family, shame)
- informal, represents victims, communities and the public
57
Access to Justice
Legal equality
58
Bureaucratic Model
C.J.S workers face difficulties with rules, limited resources, and outside pressure
59
Habeas Corpus
entitles detained individual to request assessment if they being unlawfully detained
