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Criminal justice systems > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

Private law

A

governs and protects the interests of individuals and relationships among individuals

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2
Q

Tort law

A

deals w/ civil wrongs wherein an individual suffers an injury or loss

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3
Q

defamation

A

an ex of tort law; another individual publishes false and damaging info about another

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4
Q

public law

A

refers to an area of law that governs and regulates matters of collective or public interest

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5
Q

criminal law

A

deals w conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and published by the government

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6
Q

Statues

A

only the federal government has the power to define and codify criminal laws

ie Youth Criminal Justice Act, and Criminal Code of Canada

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7
Q

common law

A

refers to unwritten laws based on judicial decisions and interpretations of statues

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8
Q

precedent

A

the guiding or authoritative nature of judicial decisions

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9
Q

Crime

A

an act or omission that is prohibited by criminal law

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10
Q

Regulatory crimes/ quasi-crimes

A

offences under regulatory legislation that can be passed by federal, provincial/territorial, or municipal governments

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11
Q

Moral entrepreneurs

A

individuals, groups, or organizations that seek action against certain groups of people or certain behaviours and bring pressure on legislators to enact criminal statutes

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12
Q

Value Consensus Model

A

view that behaviours are defined as criminal and the punishment imposed on offenders reflects commonly held opinions and limits of tolerance

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13
Q

Conflict model

A

the view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law

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14
Q

indictable offence

A

more serious offences in the criminal code and include a greater range of penalties that are spelled out in the charging section

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15
Q

General Intent Offence

A

Only require the crown to prove that you intended to commit the offence in question and not only particular set of consequences

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16
Q

Actus reus

A

The prohibited act, or the commission of a prohibited act or a failure to act in certain situations

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17
Q

Mens rea

A

the intent to commit the prohibited act (the willingness to commit a criminal act)

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18
Q

Specific intent

A

require that the crown prove that you intended a specific outcome when you committed the criminal offence

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19
Q

excuse defences

A

criminal defendant acknowledges or admits that he or she did in fact commit the criminal act (actus reus) but argues that there was no intent to commit a crime

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20
Q

justification defense

A

the criminal defendant admits to committing the criminal act but argues that he or she was justified in committing the act under the circumstances

21
Q

Mistake of fact

A

refers to a situation wherein an accused individual claims to have committed a criminal act but under the circumstances did not know or believe that he or she was doing anything illegal

22
Q

Mistake of law

A

a circumstance where an individual has relied on an interpretation of the law provided by a government official whose job is to provide people w advice

23
Q

Irresistible impulse test

A

a volitional standard of insanity that holds that individuals should not be held legally responsible for behaviours that emerge from mental illness that results in an inability to control their own behaviour

24
Q

Automatism

A

a legal excuse that refers to unconscious or involuntary behaviour

25
Q

provocation

A

a situation wherein a wrongful act or insult cases the accused individual to completely lose the power of self control

26
Q

Duress

A

is a justification defence cases wherein a threat from another person causes another person to commit a crime that he or she would not have otherwise committed

27
Q

Necessity

A

another legal defence that justifies a normally criminal act in those cases where a force of nature or human conduct (outside of an intentional threat) causes a person to commit a crime that he or she would otherwise not have committed

28
Q

Self-defense

A

justifies the use of force against another person

29
Q

M’Naghten Standard

A

A person is presumed sane unless it can be clearly proven that, at the time of committing of the act, the party was labouring under such a defect or reason, from disease of the mind as not to know the nature and quality of the act he was doing; or, if he did know its that he did not know he was doing what he was doing.

30
Q

hybrid offence

A

offences where the crown has the option of proceeding by either summary conviction or indictable offence

31
Q

Summary conviction offence

A

less serious offences that carry a maximum penalty of six months imprisonment and/or fine of $5000

32
Q

the division of responsibilities between the federal and provincial governments was spelled out in what?

A

theConstitution Act, 1867.

33
Q

What factors that work against the criminal justice system being a “system” in the true sense of the word?

A

(1) the different mandates of criminal justice agencies
(2) a lack of interoperability, that is the inability of hardware and software from multiple data bases from multiple agencies to “communicate” with one another.

34
Q

Adversarialsystem

A

A system of justice that is based on two opposing sides—the prosecution and the defence—arguing the guilt or innocence of a person before a judge or jury.

35
Q

Beyond a reasonable doubt

A

The standard that must be met to convict a defendant in a criminal case, which requires that the facts presented provide the only logical explanation for the crime. upholds the presumption in law that a person is innocent until they are proven guilty

36
Q

Discretion

A

The power or right to decide or act according to one’s own judgment.

37
Q

Disparity

A

when different justice system personnel would make different decisions in a given situations

38
Q

Task environment

A

The cultural, geographic, and community setting in which the criminal justice system operates and justice personnel make decisions.

39
Q

police officer

A

internal and external accountability; civilian oversight; subject to criminal charges and civil suits

40
Q

crown counsel

A

subject to internal review; no independent oversight; generally immune from prosecution and being required to testify in court

41
Q

defence lawyer

A

subject to internal review/sanction by professional association; no independent oversight

42
Q

judge

A

provincial/territorial judges subject to internal review; federal judges to review/sanctioning/dismissal by the Canadian Judicial Council; eight public inquires into the behaviour of judges from 1971 to 2009; removal rare; no external independent oversight for any judges

43
Q

probation officer, parole board member and Parole officer

A

subject to internal review, generally immune from prosecution; no external independent oversight

44
Q

liberal government wanted to do what in terms of crime

A

“swing the balance away from the Conservative view that crime is a moral problem to a more modern and realistic view that crime relates to poverty and mental illness and marginalization.”

45
Q

In 2016, a study examined the performance of the criminal justice system in all of the provinces and territories on what five major objectives:

A

(1) public safety
(2) support for victims of crime
(3) cost and resources
(4) fairness and access to justice
(5) efficiency.

46
Q

Evidence-based practices

A

Policies, strategies, and programs that have been shown by research to be effective in achieving specified objectives.

47
Q

Restorative justice

A

A problem-solving approach to responding to offenders based on the principle that criminal behaviour injures victims, communities, and offenders, and that all of these parties should be involved in efforts to address the causes of the behaviour and its consequences.

48
Q

What are the 4 key notions in restorative justice?

A

healing, reparation and reintegration, and the prevention of future harm

49
Q

What are the entry points in the criminal justice system where restorative justice approaches can be used?

A
  1. police (pre-charge)
  2. Crown (post-charge)
  3. court (post-convictions/pre-sentence)
  4. corrections (post-sentence),
  5. following sentence expiry

Criminal justice systems (10 decks)

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