Chapter 1.2 Flashcards
What is the definition of a crime?
a violation of a norm that has been codified into law
Crime is define by
The Supreme Court of Canada
Criminal Code of Canada
Statistics Canada
Provincial Government
Criminal Code of Canada
which refers to conduct (an act or omission) that may lead to prosecution and punishment in criminal court
failure to report child abuse or stay at scene is called
Omission
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
mala in se
What is Mala prohibita?
an act that is considered wrong because it has been labelled as such
define a summary offence
crimes that carry a less serious punishment (jail sentence up to 6 months and/or maximum fine of $5000)
Homicides is considered as an
hybrid/dual offences
indictable offence
summary offence
indictable offence
Indictable offences: more serious offences with more serious consequences
If a prosecution can decide whether to pursue a case as an indictable offence or summary offence this is known as
Hybrid/Dual offence
What are the levels of the Police in order?
MUNICIPAL/REGIONAL: Ottawa Police, Peel Police, Toronto Police
PROVINCIAL: OPP
FEDERAL: RCMP
What are the levels of court in order?
- Supreme Court of Canada
- Provincial court
- Court of Appeal
- Superior Court
2, 4, 1, 3
3, 1, 4, 2
2, 3, 4, 1
2, 4, 3, 1
2, 4, 3, 1
Which level of police has the most officers employed?
Municipal
Which level of police has the least officers employed?
Provincial
When do people go to provincial correctional centres?
When arrested
Awaiting a court date
Sentenced under 2 years of incarceration
Awaiting transfer to federal corrections
Jails vs Detention Centre vs Correction centres
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
If someone is convicted of a crime and is sentenced to 5 years in incarceration they would be sent to
Federal correction centre
What is discretion?
The use of individual judgement to influence operation of the CJS
Who does not have discretion?
Police officers
Prosecutors
Common Citizen
Judges
Probation/parole/correctional officers
Common Citizen
What is the purpose of discretion
To improve efficiency and effectivity of the CJS
We filter through the
Criminal justice system
What factors influence the use of discretion?
race, gender, age, appearance, mental or physical disability
What are the goals of the CJS
prevent the crime
protect the public
support victims, families & witness
accountability for crime committed
reintegration of offenders into the community
Describe the Crime control model
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
due process model
protect rights of defendants
innocent until proven guilty
don’t rush ensure fairness and justice
reduce wrongful convictions
Province with highest rate of wrongful conviction
Manitoba
Lowest rate of wrongful convictions
Quebec
What is the leading cause of wrongful conviction
Faulty eyewitness testimony. They identify the wrong person of the crime.
