Chapter 1 Flashcards
Critical thinking
examining a question, situation or problem through investigation
Importance of perspective
The way a statement or question is said can change the underlying message or insinuation
Justice System and critical thinking
No decision is black and white is the justice system
Crime
A socially constructed term that defines an act or omission that is prohibited by the law
Omission
a lack of action when it is required by law
Requirments for a crime
action and intent to commit an act without legal justification
Social construction of crime
what is and what is not a crime is determined by society’s reaction to the action
Deviant
an action that is considered wrong by society, but it is not always a crime
Moral entrepreneurs
individuals, groups, and organizations who seek legal action and pressure law enforcement
Zombie laws
laws that exist but are not enforced
Value consensus model
A way of interpreting the law so that crime and laws reflect the moral s of society
Conflict model
A way of interpreting the law so crime and laws refect those who are in power
Substantive law
a set of rights and obligations for criminal acts and society
Procedural law
A set of laws that dictate how the law is enforced
Common law
a legal system that is guided by it’s history and past cases
Precedent
a legal decision that is the model for all similar cases
Code napoleon
In quebec a statement code of rules is used before precedents
State decisis
the hierachy where higher courts set precedents for lower courts
Statue law
laws made by parlement
Criminal law
laws for the actions or intents that harm society
Criminal law responsibilities
social control, maintaining order, acceptable behaviour, reduces personal retaliation, deterrence, prosecutes criminal activity, protects group interests
Rule of law
everyone must obey the law
Principals of law
- act alone does not make a person guilty
- no crim is without law, no punishment without crime
- Ignorance of law is no excuse
- no one is compelled to incriminate themselves
- one should not be twice incriminated by the same act
Canadian charter of rights and freedoms
fundamental rights and laws
Criminal code
federal legistration of criminal laws, proceedings and sentenses
Purpose of law
ensure conflicts are resolved peacfully, respect rights, equal access to justice, safety and security, upholding rights of victims and offenders, prevent and respond to crime
Adversal system
both prosecution and defense get to present their case to a judge or jury
Crime control
focuses on the rights of the victims to get retrebution and presumes guilt
Due process
focuses on the rights of the offender and presumes innocense
