chapter 3 Flashcards
criminal law
the entire set of principles, procedures, and rules established by governments through the courts and criminal legislation to ensure public safety. it includes definitions of crimes, criminal responsibility, punishments, and defences to a criminal charge.
prohibition
a law forbidding a specific act
penal law
a law that imposes punishment, as opposed to a law that provides only the right if a victim to compensation
common law
a body of law defined primarily through successive decisions of judges, as opposed to through legislation.
when did Canada adopt its own criminal code?
1892, but Canada retained the power to create common law until the 1950s
what does the federal parliament determine?
what acts are criminal and which available punishments apply, as well as the procedures associated with investigating and prosecuting crimes.
hybrid offence
the Crown uses the specific facts of each case to decide if to prosecute the case as a summary offence or as an indictable offence
summary offence
a relatively minor offence, punishable by a fine or a maximum jail sentence of two years less than a day.
indictable offence
a serious offence, such as murder or sexual assault, which carries a sever penalty.
What are criminal courts responsible for?
Applying the criminal code or relevant regulatory statutes to the facts of a particular case.
indictment
the formal process of setting out a charge in a document for serious, indictable offences.
civil law
a system in which the law is primarily set out in legislation, and judges discretion is limited to interpretation and application of those written provisions.
preliminary inquiry
a hearing to determine whether there is enough evidence to send a charge to trail
direct indictment
a prosecutorial power that may be invoked to compel a trial despite a judges decision to refuse to do so after a preliminary inquiry.
actus reus
the criminal act or personal conduct relating to a crime; it may include a failure to act but does not include the mental element of a criminal offence.
mens rea
the mental element of a criminal offence or the state(s) of mind of the offender; it is the intent to commit a criminal act.
deterrence
a principle of sentencing or punishment intended to discourage citizens from offending or reoffending.
denunciation
a formal expression that conduct is unacceptable
parliamentary supremacy
the concept that the legislative body is superior to other institutions, including the executive and the courts.
retribution
punishments for transgression
rule of law
the principle that governments, individuals, and corporations must follow the law; governments may take actions that limit the activities or rights of citizens only in accordance with substantive and procedural requirements prescribed by law.
habeas corpus
the right of an accused to appear before a court and not be detained without just cause
interjurisdictional
relating to crimes, legislation, or other legal issues that cross the boundaries of nations, provinces, or other jurisdictions
