Chapter 1 Definitions Flashcards
Crime
An act or omission that is prohibited by criminal law
Social construction of crime
the notion that the legal status of the behaviours is not determined by the behaviour itself, but by the social response to the behaviour
Moral Entrepreneurs
individuals, groups, or organizations who seek actions against certain groups of people or certain behaviours and bring pressure on legislatures to enact criminal statutes
Value consensus mode
the view that what behaviours are defined as criminal and the punishment imposed on offenders reflect commonly held opinions and limit tolerance - agreement on what laws should be
Conflict model
the view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law.
Substantive Law
law that sets out the rights and obligations of each person in society; includes the criminal code
Procedural Law
the legal process that protect and enforce the rights set out in the substantive law
Common Law
law based on custom, tradition, and practice, and is generally unwritten.
Precedent
a judicial decision that may be used as a standard in subsequent similar cases
Stare decisis
The principle by which higher courts set precedents that the lower courts must follow
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 is based upon the rule of precedent
Criminal Law
That body if law that deals with conduct considered so harmful to society as a whole that it is prohibited by a statute, prosecuted and punished by the government
Rule of law
the requirement that governments, as well as individuals, be subjected to and abide by the law
Criminal Code
federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice
