Ch 1 - The Foundations of Criminal Justice Flashcards
rule of law
the requirement that governments, as well as individuals, be subjected to and abide by the law
Canadian Charter of Rights and Freedoms
The primary law of the land and guarantees fundamental freedoms, legal rights, and quality rights for all citizens of Canada, including those accused of crimes.
criminal law
That body of law that deals w/ conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government.
precedent
A judicial decision that may be used as a standard in subsequent similar cases.
common law
Law that is based on custom, tradition, and practice and is generally unwritten.
statute law
Written laws that have been enacted by a legislative body, such as the Parliament of Canada.
case law
Law that is established by previous court decisions and based on rules of precedent.
stare decisis
The principle by which the higher courts set precedents that the lower courts must follow.
crime
An act or omission that is prohibited by criminal law.
summary conviction offences
Generally less serious offences that are triable before a magistrate or judge and, on conviction, carry a maximum penalty of a fine (not to exceed $5000) or six months in a provincial correctional facility or both.
indictable offences
Generally more serious criminal offences that may carry maximum prison sentences of 15 years to life; examples include murder, robbery, and aggravated sexual assault.
hybrid (or elective) offences
Offences that can be proceeded summarily or by indictment - a decision that is always made by the Crown.
value consensus model
The view that the behaviours are defined as criminal and the punishment imposed on offenders reflects commonly held opinions and limits of tolerance.
conflict model
The view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law.
moral entrepreneurs
Individuals, groups, or organizations that seek action against certain groups of people or certain behaviours and bring pressure to legislators to enact criminal statuses.
