Chapter 2 Flashcards
Substantive criminal law
Body of legislation defining those actions that will be punished by the state if they are violated
What three things is the criminal justice system concerned?
Enforcement of the law-police
Processing of the accused - courts
Punishment of individuals convicted of violating the law- corrections
Procedural criminal law?
The rights and the legal steps through which an offender passes
Four main sources of criminal law?
Constitution
Statue law
Case law
Administrative law
When was the charter of rights and freedoms enacted
April 17, 1982
What is the importance of the charter of rights and freedoms in relation to criminal law?
The charter is guarantee to every Canadian citizen,it protects citizens from the abuse of any power that government possesses
Who determines whether the charter has been violated?
A court at any level may determine if a law is in violation of the charter.
What is the difference between an excuse defense and a justified defense
An excuse defence: could involve a person committing illegal act but because of a mental disorder or their age that person is not criminally liable.
A justification defence: involves an illegal act being committed and because of the circumstances involved such a self-defense the person is justified to have committed the act
What are the different excused defences?
Age Mental disorder Automatism Mistake of fact Mistake of law
The different justification defenses are?
Darius Necessity Self-defense Provocation Entrapment
What is a summary conviction offense
Minor offenses tried on the bases of information without other pretrial formalities
What is an in indictable Offence?
And offense which the accused must or has the right to choose between a trial by judge or trial by jury.
with the exception of a few minor that are more serious than the summary conviction Offenses
What is a hybrid offense
An offense that may proceed either as an indictable will or summary conviction offense the decision on how to proceed is usually made by the crown prosecutor
Who does the anti-gang legislation apply ?
Any or all of the members of the gang who engage in or have within the preceding five use engaged in the commission of a series of offenses
