Chapter 1.2 Flashcards

1
Q

What is the definition of a crime?

A

a violation of a norm that has been codified into law

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2
Q

Crime is define by

The Supreme Court of Canada

Criminal Code of Canada

Statistics Canada

Provincial Government

A

Criminal Code of Canada

which refers to conduct (an act or omission) that may lead to prosecution and punishment in criminal court

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3
Q

failure to report child abuse or stay at scene is called

A

Omission

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4
Q

According to philosophers and legal scholars. Crimes that are universally considered to the public to be bad, evil or harmful in society. Are called

Summary Offence

mala in se

mala prohibita

indictable offence

A

mala in se

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5
Q

What is Mala prohibita?

A

an act that is considered wrong because it has been labelled as such

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6
Q

define a summary offence

A

crimes that carry a less serious punishment (jail sentence up to 6 months and/or maximum fine of $5000)

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7
Q

Homicides is considered as an

hybrid/dual offences

indictable offence

summary offence

A

indictable offence

Indictable offences: more serious offences with more serious consequences

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8
Q

If a prosecution can decide whether to pursue a case as an indictable offence or summary offence this is known as

A

Hybrid/Dual offence

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9
Q

What are the levels of the Police in order?

A

MUNICIPAL/REGIONAL: Ottawa Police, Peel Police, Toronto Police

PROVINCIAL: OPP

FEDERAL: RCMP

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10
Q

What are the levels of court in order?

  1. Supreme Court of Canada
  2. Provincial court
  3. Court of Appeal
  4. Superior Court

2, 4, 1, 3

3, 1, 4, 2

2, 3, 4, 1

2, 4, 3, 1

A

2, 4, 3, 1

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11
Q

Which level of police has the most officers employed?

A

Municipal

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12
Q

Which level of police has the least officers employed?

A

Provincial

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13
Q

When do people go to provincial correctional centres?

A

When arrested

Awaiting a court date

Sentenced under 2 years of incarceration

Awaiting transfer to federal corrections

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14
Q

Jails vs Detention Centre vs Correction centres

A

Nine jails (hold residents) and small vs ppl awaiting court dates; incarceration under 60 days (span several counties) vs incarceration of 2 years or less

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15
Q

If someone is convicted of a crime and is sentenced to 5 years in incarceration they would be sent to

A

Federal correction centre

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16
Q

What is discretion?

A

The use of individual judgement to influence operation of the CJS

17
Q

Who does not have discretion?

Police officers

Prosecutors

Common Citizen

Judges

Probation/parole/correctional officers

A

Common Citizen

18
Q

What is the purpose of discretion

A

To improve efficiency and effectivity of the CJS

19
Q

We filter through the

A

Criminal justice system

20
Q

What factors influence the use of discretion?

A

race, gender, age, appearance, mental or physical disability

21
Q

What are the goals of the CJS

A

prevent the crime

protect the public

support victims, families & witness

accountability for crime committed

reintegration of offenders into the community

22
Q

Describe the Crime control model

A

protecting society is more important than right of individual

ensure public safety by aggressively pursuing wrongdoers

adopt assembly-line justice to ensure efficiency

presume defendants are guilt until proven innocent

punishment should be swift and sever

23
Q

due process model

A

protect rights of defendants

innocent until proven guilty

don’t rush ensure fairness and justice

reduce wrongful convictions

24
Q

Province with highest rate of wrongful conviction

A

Manitoba

25
Q

Lowest rate of wrongful convictions

A

Quebec

26
Q

What is the leading cause of wrongful conviction

A

Faulty eyewitness testimony. They identify the wrong person of the crime.