Crim 101 chapter 3 Flashcards
Define criminology
The study of crime and criminal behavior which are defined by reference to criminal law
Define criminal law
The entire set of principles, procedures and rules established by governments through the courts and criminal legislation in order to ensure public safety. It includes definition of crimes, criminal responsibility and punishments, and defenses to a criminal charge.
Define prohibition
A law forbidding a specific act
All societies have developed mechanism for the collective enforcement of group norms in service of what might be called a _____ _______
All societies have developed mechanism for the collective enforcement of group norms in service of what might be called a public purpose
Fun fact: Criminal behavior is addressed by state, not individual, action.
wow
Why are crime always prosecuted by the state?
Crime is prosecuted by the state because it is considered to be a violation of public order rather than an infringement on the rights of citizen
What are two examples of private prosecution?
- The prosecution that led to the execution of the Greek philosopher Socrates in 399 BCE was initiated and conducted in large part of Meletus
- Cicero’s prosecution of Gaius Verres for corruption was initiated on behalf of deprived Roman Citizens
What happened in the Age of Enlightenment in 18th-century Europe?
A number of factors had combined to create what we now recognize as a modern system of criminal law: emergence of the government as a meaningful source of central authority and a mechanism of collective action, which supplemented and eventually displaced the Church; the growth of professional state police services; and the ever-increasing complexity of social interaction.
What did the modern system of criminal law required?
The modern system of criminal law required a body of penal law that was comprehensive, codified, and subject to consistent enforcement.
Defined penal law
A law that imposes punishment as opposed to (for instance) a law that provides only the right of a victim to compensation
What was Canada’s history of the law making and the beginning of the Criminal Code? 4 things
- Criminal prohibitions in Canada were inherited in modern form along with the laws of England that began in 18th century and continued until the Statute of Westminster in 1931. (which saw the Surpreme Court of Canada become the court of last resort for criminal matters)
- In the late 19th century, the basic elements of the criminal justice system such as police, courts, prisons and legislation were firmly in place.
- Canada adopted its own Criminal Code in 1892. The effect of this code was to codify existing English offences
- Canada retained the power to create common law offences until the 1950s
Define common law
A body of law defined primarily through successive decisions of judges as opposed to through legislation
When did and what act did the federal Parliament determined what acts are criminal, which available punishments apply, and the procedures associated with investigating and prosecuting crimes?
The federal Parliament determined them in 1867, by the terms of section 91(27) of Canada’s Constitution Act
What 4 pieces of federal legislation are found about the laws that most people think of as “criminal laws” and the laws that consume virtually all of the effects of the criminal courts and corrections systems?
- Criminal Code
- Controlled Drugs and Substances Act
- Youth Criminal Justice Act
- Crimes Against Humanity and War Crimes Act
What are the three criminal offences categories and what are they about?
Criminal offences fall into one of the three categories: summary offences, hybrid offences or indictable offences:
- Summary offences are relatively minor offences, punishable by a fine ($5000) or a maximum jail sentence of six months.
- Indictable offence are serious offences, such as murder or rape, which carries a severe penalty. An indictment is the formal process of setting out a criminal charge in a document for serious, “indictable” offences
- Hybrid offences are indictable offences that result in summary convictions.
What is universal jurisdiction?
A power or law that can be applied anywhere
What is one legislation that is an international criminal law, what is it about and what is one example of it being used?
- The Crimes Against Humanity and War Crimes Act is an example of an international law that assume jurisdiction over crimes against humanity, war crimes, genocide and any other crime recognized under this law. This law can be used on somebody even if it took place in another country and did not involve any Canadian citizens.
- An example of it being used is in 2009, Desire Munyaneza, a Rwandan national with permanent resident status in Canada. He was convicted under this act in Quebec for the Rwandan genocide and the court sentenced him to life imprisonment.
What is the ICC and who refused to participate? (4 nations refused)
The International Criminal Court (ICC), located in The Hague in the Netherlands has more than 120 countries as members and had a mandate under the provisions of public international law to prosecute genocide and other crimes against humanity. United states, Israel, China and Russia have refused to participate
What is the adjudication of Canada’s criminal cases divided into? two levels of court
The adjudication of Canada’s criminal cases is divided between two levels of court in the provinces and territories
What are the differences and similarities in provincial court and differences and similarities in federal court? (6 things)
- Provincial superior courts are administered by the provinces but their judges are appointed federally
- The provincial and federal government can’t impair the courts’ fundamental powers or jurisdiction
- Superior court is divided into a trial court (Called in BC the Surpreme Court and in Ontario the Superior Court of Justice) and a court of appeal
- Each province has its provincial court also known as “inferior court”
- Provincial Court judges are appointed by the provincial government and have jurisdiction over matters considered to be less important.
- Federal Court and the Federal Court of Appeal deal mainly with matters of exclusively federal interest and the Surpreme Court of Canada provide final decisions
Draw figure 3.1
Check figure 3.1 on pg. 54
Why do criminal courts apply the criminal code to the facts of a particular case?
- Provides interpretation of the law
- It gives the judges some written reasons for their decisions.
“commentators sometimes describe the Canadian legal regime as a common law system.” Is this description correct?
No it is incorrect because even though judges can exercise varying degrees of discretion in their decisions, they remain constrained by legislation in the same way as judges in countries that use the continental European, or civil law, system
Define civil law
A system in which the law is primarily set out in legislation, and the judges’discretion is limited to interpretation and application of those written provisions
When were common law crimes abolished in the Commonwealth jurisdictions in Canada?
At the time of the consolidation of the Criminal Code in 1953
What is the difference in Canada criminal law and the continental European tradition? 2 things
- Canada is in its complete reliance on an adversarial rather than inquisitorial, model.
- In European countries, the judge may play a role as an active investigator while in Canada, the judge is an impartial arbiter between the state on one hand, usually represented by a public prosecutor and the individual and his/her lawyer on the other
How does the criminal justice process go? Pt. 1 Hint: Investigations to accused in custody. 6 things
- A crime occurs and is investigated by the police officers
- When the police have gathered sufficient evidence to support a charge, they then provide a report to the public prosecutor’s office who then approves the charge based on an assessment of whether the evidence will support a conviction and whether prosecution is in the public interest.
- The prosecution begins by the swearing of an information before justice of the peace. Swearing is done by a police officer or another public official. The police officer recounts his/her belief that a crime has been committed and the justice of the peace orders the charge.
- Private prosecutions are possible under the Code
- The accused that has been arrested, is usually released with a promise to appear in court at an appointed time but in serious matters, the police may choose to hold the accused in custody.
- If the Crown proceeds by way of indictment, a preliminary inquiry is held at which a judge of the Provincial Court decides whether sufficient evidence exists to proceed to trial
What does it mean for the prosecutor to stay charge?
A prosecutor may pursue or stay charges (that is, suspend or terminate the prosecution)
