Chapter 1- Foundations Of Criminal Justice Flashcards
Canadian charter of rights and freedoms
Primary law of the land and guaranteed fundamental freedoms,legal rights and quality rights for all citizens of Canada including those accused
Rule of law
Laws are clear,publicized,stable and are applied evenly. Process by which laws are enacted is fair and efficient. No one is above the law
Criminal law
Body of law that deals with conducts considered harmful to society
Prohibited and prosecuted
Actus reus
Act of doing something
Men’s rea
Guilty intent
Precedent
Judicial decisions that may be used as a standard in subsequent similar cases
Common law
Law that is based on custom tradition and practice and is generally unwritten
Statute law
Written law that have been enacted by a legislative body
Principles of Canadian law
An act does not make a person guilty unless he or she has a guilty mind.
No crime or punishment without a law.
Ignorance of the law is not an excuse
Right to remain silent
Cannot be tried twice for the same offence
Crime occurs when a person..
Commits an act or fails to commit an act when under a legal responsibility to do so.
Intent
No legal defense
Violates provision in criminal law
Summary conviction offences
Less serious. Ex: causing a disturbance
Cases remain in lower court
Must commence within six months
Max $5000 or six months in jail or both
Indictable offences
More serious. Ex: robbery,sexual assault
May begin in lower but be heard in a higher court.
No time limit
Maximum penalty can be life.
Hybrid offences
Most criminal code offences. Ex: assault, assault with a weapon
Crown decides to proceed by summary or indictable
Maximum penalty depends on what th crown chooses
Value consensus model
Views crime and punishment as reflecting society’s commonly held values and its limits of tolerance.
Conflict model
View that some groups are better able than others to influence which behaviors and persons are criminalized
Ex: rich people having an advantage
