Chapter 1

Question 1

Police

Answer 1

Enforcing law, investigation of crimes, arresting suspects

Question 2

Courts

Answer 2

Adjudicatory or fact finding bodies where criminal cases are prosecuted and determinations of guilt are rendered

Question 3

corrections

Answer 3

Responsible for the administration of a sentence handed down by a judge including the management, treatment, and supervision of offenders in the community and correctional facilities

Question 4

justice

Answer 4

Ideals of fairness and objectivity

Question 5

criminal justice

Answer 5

Includes criminal law and procedures and includes both substantive and procedural justice

Question 6

substantive justice

Answer 6

Accuracy of a decision or outcome

Question 7

Procedural justice

Answer 7

Fairness of the procedures used in the justice system to arrive to these decisions
-safeguards put in place to protect individuals

Question 8

adversarial system

Answer 8

Involves two-sided structure in which advocates from each party (prosecution and defense) argue their cases to an impartial or neutral judge or jury to determine the verdict

Question 9

inquisitorial system

Answer 9

Involves a more collaborative effort to arrive at the truth through an investigation of all available evidence by a judge or panel of judges

Question 10

social justice

Answer 10

Places the ideal of justice within a larger cultural, economic, and political context

Question 11

crime control

Answer 11

Emphasizes the early stages of the justice system through the efficient arrest and conviction of criminal offenders

Question 12

due process

Answer 12

Ensure that the rights of the defendant are protected

Question 13

rule of law

Answer 13

The belief that it is the law itself that is supreme and all government official and individuals must abide by the law

Question 14

law of nature

Answer 14

All individuals born with certain “inalienable rights”- these are rights that cannot be stemmed or violated by any state-created laws

Question 15

Oakes test

Answer 15

Two major steps:
1. Courts must determine whether the law or practice in question achieves a pressing and substantial objective (a goal that is important to society)

2. Courts must make a determination about proportionality- a determination as to whether the approach the government has adopted to achieve a pressing objective is reasonable

Question 16

parliamentary supremacy

Answer 16

A peremptory rule of constitutional law which gives the legislative branch of government to set the law, as opposed to the judicial branch (the courts).

Question 17

constitutionally entrenched

Answer 17

An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to pass, making such amendments inadmissible.

Question 18

judicial review

Answer 18

power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution.

Question 19

patriation

Answer 19

Patriation is the turning over or return of legislative powers that were formerly held by another country.

Question 20

pressing and substantial objective

Answer 20

the purpose of the law must be important to society.

Question 21

rational connection

Answer 21

means used by the limiting law fit (or are rationally connected to) the purpose the limiting law was designed to fulfill

Question 22

minimal impairment

Answer 22

the limit must impair the right or freedom no more than is reasonably necessary to accomplish the objective

Question 23

reasonable limits clause

Answer 23

Our rights and freedoms are guaranteed “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

Question 24

proportionate effect

Answer 24

involves an examination of the overall benefits achieved by a law or government practice relative to the harms experienced by individuals as a result of the limitation

Question 25

the goals of crime justice

Answer 25

1. control crime
2. prevent crime
   3 maintain or achieve justice

Question 26

purpose of crime control

Answer 26

emphasize the repression f criminal conduct

Question 27

Goals of crime control

Answer 27

bring criminal behaviour under tight control

Question 28

purpose of due process

Answer 28

emphasizes the rights of the individual

Question 29

goals of due process

Answer 29

limiting the powers of the government

Question 30

policies of crime control

Answer 30

mandatory minimum sentencing laws and greater police surveillance abilities

Question 31

policies of due process

Answer 31

limit discretion and control the activities of crown prosecution and judges so that all accused are treated fairly

Question 32

The difference between crime and deviance

Answer 32

crime is behaviour that breaks the law and deviance is behaviour that is contrary to the norms and values of the larger society

Question 33

social construction of crime

Answer 33

same behaviour may be considered criminal in one society or in the same society at a different time

Question 34

what three things are historical analysis done in hopes for?

Answer 34

a) An increase or decrease in the severity of the criminal law
b) The response of the criminal justice system

c) The factors involved in the definition of behaviours as criminal
d) The factors that influenced the repeal of a criminal law, resulting in decriminalization of certain behaviours

Question 35

moral entrepreneurs

Answer 35

individuals, groups, or organizations who seek action against certain groups of people or certain behaviours and bring pressure on legislators to enact criminal statutes.

Question 36

value consensus model

Answer 36

views crime and punishment as reflecting society’s commonly held values as well as its limits of tolerance. This view assumes that there is a consensus on what should be against the law.

Question 37

conflict model

Answer 37

The view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law.

Question 38

Substantive law

Answer 38

Law that sets out the rights and obligations of each person in society; includes theCriminal Code.

Question 39

procedural law

Answer 39

The legal processes that protect and enforce the rights set out in substantive law.

Question 40

two basic types of law

Answer 40

1. substantive law

2. procedural law

Question 41

Where did the common law system originate?

Answer 41

Europe and was imported to Canada in the 17th and 18th centuries

Question 42

precedent

Answer 42

A judicial decision that may be used as a standard in subsequent similar cases.

Question 43

The principle by which the higher courts set precedents that the lower courts must follow. (p. 11)

Answer 43

Stare decisis

Question 44

Both civil and criminal. Written laws that have been enacted by a legislative body such as the Parliament of Canada. (p. 11)

Answer 44

Statute law

Question 45

Law that is established by previous court decisions and is based upon the rule of precedent. (p. 11)

Answer 45

Case law

Question 46

Types of law

Answer 46

Public law, constitutional law, administrative law, and taxation law

Question 47

Two primary sources of criminal law

Answer 47

legislation and judicial decisions.

Question 48

In Canadian society, the criminal law provides the following functions:

Answer 48

1) acts as a mechanism of social control
2) maintains order
3) defines the parameters of acceptable behaviour
4) reduces the risk of personal retaliation (vigilantism, or people taking the law into their own hands)
5) assists in general and specific deterrence
6) prosecutes criminalized behaviour
protects group interests

Question 49

principles of Canadian law

Answer 49

1. an act does not make a person guilty unless he or she has a guilty mind
2. no crime without a law, no punishment, without a law
3. ignorance of the law is no excuse
4. no one is compelled to incriminate himself
5. no one should be twice troubled by the same cause

Question 50

what can the Rule of Law be traced back to

Answer 50

the english Magna Carta which was originally issued by the King John near Windsor Castle in June 1215

Question 51

When was the first complete Criminal code produced? And by who?

Answer 51

1892 and under the leadership of Sir John Thompson (minister of justice at the time, & future prime minister 1892-1894)

Question 52

What is Bill 62?

Answer 52

In 2017, the Quebec National Assembly passed Bill 62.
An Act to foster adherence to State religious neutrality and, in particular, to provide a framework for religious accommodation requests in certain bodies.