CHP1 midterm Flashcards
Describe critical thinking and explain why it is important in the study of criminal justice.
Critical thinking involves analyzing and evaluating facts, distinguishing between fact and opinion, and considering multiple perspectives. In criminal justice, it’s essential to evaluate evidence and legal arguments thoroughly, question assumptions, and ensure decisions are fair, just, and well-informed.
Distinguish between law and justice and describe the relationship between the two.
Law refers to a formal set of rules created by the government, while justice is the concept of fairness, morality, and equality. While laws aim to achieve justice, they may sometimes fall short, necessitating reforms to align laws more closely with societal values of justice.
Explain the challenge in defining crime as “an act or omission that is prohibited by law.”
Defining crime as an “act or omission prohibited by law” is challenging because what is considered criminal changes over time and across societies. Some acts may be legal in one place or era but illegal in another, reflecting the evolving nature of law and societal norms.
Explain what is meant by crime being a social construction.
Crime as a social construction means that what is considered criminal behavior is defined by societal reactions and laws, rather than the behavior itself being inherently wrong. For example, marijuana use was once illegal in Canada but is now legalized, showing how crime definitions change with societal values.
Distinguish between crimes that are mala in se and mala prohibita.
Mala in se crimes are inherently wrong (e.g., murder or theft), while mala prohibita crimes are prohibited by law but not necessarily immoral (e.g., jaywalking or drug possession). Mala prohibita offenses reflect societal decisions about what behaviors to regulate.
Describe the two ingredients of crime: actus reus and mens rea.
Actus reus is the physical act or omission of committing a crime, while mens rea is the mental intent to commit that act. Both elements must be present for someone to be held criminally responsible, although there are exceptions, such as strict liability offenses.
Distinguish between the value consensus perspective and the conflict perspective of the law.
The value consensus perspective holds that laws reflect the shared values of society, maintaining social order.
The conflict perspective suggests that laws reflect the interests of powerful groups who use the legal system to control marginalized communities and maintain their dominance.
Distinguish between substantive law and procedural law.
Substantive law defines the rights, duties, and liabilities of individuals (e.g., the Criminal Code),
while procedural law outlines the processes through which those rights and duties are enforced, such as court procedures and the rules of evidence.
Understand the basic principles of Canada’s common law system, including the concepts of case law, precedent, and stare decisis.
Canada’s common law system relies on case law, where past judicial decisions (precedents) guide future rulings. Stare decisis means that lower courts must follow precedents set by higher courts to ensure consistency and fairness in the legal system.
Describe the 3 main functions of criminal law.
The 3 main functions of criminal law are to:
Control behavior by defining what is criminal.
Maintain order by setting penalties for offenses.
Protect society by deterring criminal behavior and punishing offenders.
Understand the principles of criminal law (no need to know the Latin terms, just the meaning of the principles themselves).
No punishment without law: Actions cannot be punished unless prohibited by law.
Presumption of innocence: Individuals are innocent until proven guilty.
Prohibition of double jeopardy: One cannot be tried twice for the same crime.
Explain the major premise of the rule of law.
The rule of law ensures that everyone, including the government, is subject to and accountable under the law. No one is above the law, and laws must be applied fairly and equally.
Describe the purpose of the Canadian Charter of Rights & Freedoms and its relation to all other Canadian laws.
The Canadian Charter of Rights & Freedoms guarantees fundamental rights, such as freedom of expression and equality. All Canadian laws must comply with the Charter, which acts as a safeguard against laws that may infringe on citizens’ rights.
Distinguish between criminal law and civil law and describe the different standards of proof required in each.
Criminal law deals with offenses against the state and requires proof beyond a reasonable doubt for conviction. Civil law resolves disputes between individuals and requires proof on a balance of probabilities, a lower standard than in criminal cases.
