Chapter 1/2

Question 1

What are the 3 components of the criminal justice system ?

Answer 1

1. Police
2. Courts
3. Correction (Prisons)

Question 2

What happened in the year 1867 in Canada?

Answer 2

• Constitution act of 1867 ( July 1st )

- Other federal statues

Question 3

What are some roles of the federal government ?

Answer 3

• Absolute power to create, amend and repeal criminal law
• Sets procedure for prosecuting and punishing crimes
• Operates : Federal Police, appoints some judges and manages courts, prosecutes federal offences, correctional facilities

Question 4

What are some roles of the provincial government ?

Answer 4

• Can pass quasi-criminal legislation
• Oversees: Police services, prosecutes offences, manage courthouses, employ judge, run programs for offenders, operate prov. correctional facilities

Question 5

What is an adversarial system in Canada ?

Answer 5

That when a citizen commits a criminal act then it is not against the “victim” but is said to be the accused vs Regina (The Crown)
“Accused goes against the King’s Peace”

Question 6

What is “stare decisis”

Answer 6

“To stand by decided cases”

Use of precedent on present cases

Question 7

What is the rule of law ?

Answer 7

That nobody is above the law not even it’s officials, everyone must respect the law

Question 8

What is criminal law?

Answer 8

A system of law concerned with the punishment of those who commit crimes.
Regina vs Accused

Question 9

What is civil law?

Answer 9

The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
Private matters
Citizen vs Citizen

Question 10

What is a crime ?

Answer 10

An act or omission that is committed by the accused and is illegal under the criminal code.

Question 11

What is the consensus model ?

Answer 11

A model that reflects society’s commonly reflected morals/values.

Mala in se - Morally wrong like murder, it is just wrong, shared agreement it is wrong

Mala prohibita - Wrong because “we” made it wrong, like driving speed limits. Not always morally wrong but we say it is wrong.

Question 12

What is the conflict model?

Answer 12

A model that shows how some groups in society are more powerful or influential thus have better ability to influence what behaviors are criminalized.

Question 13

What are the classifications of offences ?

Answer 13

There are 2 offences in criminal law :

1. Summary offences
2. Indictable offences

• There is hybrid offences has well but that is for the judge to decide if he/she wants to proceed with summary or indictable.

Question 14

What is the “crime control model” ?

Answer 14

• Protection of the society and apprehension of offenders are paramount ( most important )
• Justice should be swift, sure and efficient
• Conservative

Question 15

What is the “due process model” ?

Answer 15

• Legal rights of individual citizens, including those who have committed crimes are paramount ( most important)
• Procedural fairness and presumption of innocence
• Liberal

Question 16

What is deterrence ?

Answer 16

A principle or objective of sentencing a person guilty of a crime which ensures that the punishment is sufficient to deter the guilty person, and others, from committing the same crime.
General deterrence or specific deterrence

Question 17

What is “mens rea” ?

Answer 17

Mens rea is the mental element of a person’s intention to commit a crime; or knowledge that one’s action or lack of action would cause a crime to be committed.

Question 18

What is “actus reus” ?

Answer 18

Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the “guilty act”

Question 19

What are “task environments” ?

Answer 19

The cultural, geographic, and community setting in which the criminal justice system operates and justice personnel make decisions

Question 20

What is the crime rate ?

Answer 20

The number of criminal incidents known to the police as a ratio to the size of the population

Question 21

What is the dark figure of crime ?

Answer 21

Crimes that occur but don’t get reported or caught.

Question 22

What is a Victim Impact Statement ?

Answer 22

Goes directly to the judge, influences sentencing when judge reads it.

Question 23

What other things can victims do to “help” keep their offender imprisoned?

Answer 23

Victims can attend parole hearings and talk about how they have been impacted so that the parole board can be influenced about whether or not to let the offender off on parole.

Question 24

What compensations can victims get ?

Answer 24

They can get financial compensations :
- Property offences (mainly private insurances)
- Criminal injury compensation: From prov. gov. like expenses and damages (lost wages, medical bills,etc)
Also in civil litigation :
- Suing the alleged offender
- Suing a third party
- Suing the justice system

Question 25

When was the Charter of Rights And Freedoms signed ?

Answer 25

The Canadian charter was signed in 1982

Question 26

What is the crime funnel ?

Answer 26

It is a saying for how many crimes get reported and investigated ( A lot ) but at the end of the “funnel” which is a lot smaller are the actual convictions, charges that are laid.

Question 27

What 2 statutes are said to be entrenched ?

Answer 27

1. Canadian Constitution (1867)

2. Canadian Charter of Rights And Freedoms