Chapter 1 Flashcards

1
Q

Critical thinking

A

examining a question, situation or problem through investigation

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2
Q

Importance of perspective

A

The way a statement or question is said can change the underlying message or insinuation

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3
Q

Justice System and critical thinking

A

No decision is black and white is the justice system

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4
Q

Crime

A

A socially constructed term that defines an act or omission that is prohibited by the law

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5
Q

Omission

A

a lack of action when it is required by law

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6
Q

Requirments for a crime

A

action and intent to commit an act without legal justification

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7
Q

Social construction of crime

A

what is and what is not a crime is determined by society’s reaction to the action

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8
Q

Deviant

A

an action that is considered wrong by society, but it is not always a crime

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9
Q

Moral entrepreneurs

A

individuals, groups, and organizations who seek legal action and pressure law enforcement

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10
Q

Zombie laws

A

laws that exist but are not enforced

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11
Q

Value consensus model

A

A way of interpreting the law so that crime and laws reflect the moral s of society

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12
Q

Conflict model

A

A way of interpreting the law so crime and laws refect those who are in power

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13
Q

Substantive law

A

a set of rights and obligations for criminal acts and society

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14
Q

Procedural law

A

A set of laws that dictate how the law is enforced

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15
Q

Common law

A

a legal system that is guided by it’s history and past cases

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16
Q

Precedent

A

a legal decision that is the model for all similar cases

17
Q

Code napoleon

A

In quebec a statement code of rules is used before precedents

18
Q

State decisis

A

the hierachy where higher courts set precedents for lower courts

19
Q

Statue law

A

laws made by parlement

20
Q

Criminal law

A

laws for the actions or intents that harm society

21
Q

Criminal law responsibilities

A

social control, maintaining order, acceptable behaviour, reduces personal retaliation, deterrence, prosecutes criminal activity, protects group interests

22
Q

Rule of law

A

everyone must obey the law

23
Q

Principals of law

A
  1. act alone does not make a person guilty
  2. no crim is without law, no punishment without crime
  3. Ignorance of law is no excuse
  4. no one is compelled to incriminate themselves
  5. one should not be twice incriminated by the same act
24
Q

Canadian charter of rights and freedoms

A

fundamental rights and laws

25
Q

Criminal code

A

federal legistration of criminal laws, proceedings and sentenses

26
Q

Purpose of law

A

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

27
Q

Adversal system

A

both prosecution and defense get to present their case to a judge or jury

28
Q

Crime control

A

focuses on the rights of the victims to get retrebution and presumes guilt

29
Q

Due process

A

focuses on the rights of the offender and presumes innocense