criminal law

Question 1

what is the modern state social contract theory

Answer 1

-entering in an agreement w/ state to protect us + keep us safe
-in exchange, we surrender some of our freedom + power of individ choice (esp abt making crime)

Question 2

how to calculate homicide rates?

Answer 2

(# of homicides/total pop) x 100,000 ppl

Question 3

measuring crime (what is it important for?)

Answer 3

resource distribution, effective policing, identifying current + future trends etc.

Question 4

why did crime decrease in early 1990’s?

Answer 4

-popularity of ‘stay at home’ hobbies and tech
-older general pop
-changing social norms
-improved on increased policing
-‘harder’ to commit
*CRIMES NOT REPORTED
*CRIMES DISMISSED OR NOT FOLLOWED THROUGH WITH

Question 5

why define, code or punish ‘victimless’ or ‘harmless’ crimes?

Answer 5

-how we define ‘harm’ (direct/indirect)
-many current criminal laws are in place to address crimes that are ‘victimless’ but may still be INDIRECTLY harmful
-protecting society to come extent (ex. drug laws, pirating, incest, ai CP, polygamy…etc)
-those are criminalized under the assumption of EVENTUAL HARM OR RISK

Question 6

dark figure of crime?

Answer 6

-many crimes that are never officially reported –> not included in official crime stats
-esp: SA, minor fraud, cybercrime, minor property crime (90%)

Question 7

criminal law? (4)

Answer 7

-the official definitions, terms + punishments relating to the criminal code
-prohibition of various acts (murder, tax fraud, running red lights)
-usually drafted + implemented w/ public purpose in mind
-universally applied

Question 8

how is criminal law carried out?

Answer 8

-defined, imposed, carried out + punished by the state –> agents of the state (police, prosecutors, judges…etc)

Question 9

what is criminal law inspired by?

Answer 9

-based on English tradition
-laws clearly defined + rational
-accused persons are innocent until proven guilty
-incriminating evidence must meet high standards
-power of law (+ state) over an individ is limited by precedent + Constitution of Canada

Question 10

canadian criminal code

Answer 10

-established in 1892
-consists of 28 major components or ‘parts’
-laws dictated by the state @ federal level + mandated rationally, provincially, + locally
-violation = criminal offence
–> life imprisonment as max. punishment

Question 11

what parts are NOT on the criminal code + are in other acts?

Answer 11

-controlled drugs + substances act
-youth criminal justice act
-crimes against humanity + war crimes act

Question 12

charter of rights + freedoms?

Answer 12

-added to Canadian constit in 1982
-state is prohibited from passing any laws that would violate individ. rights (e.g. internment of jap-canadians in ww2 –> charter forbids passing laws that discriminate against people. “on the basis of their race, national, or ethnic origin”)
-if a law was passed that threatened Charter rights, citizens could take government to supreme court

Question 13

levels of law in canada? (federal, provincial, municipal)

Answer 13

-federal (national) laws: passed by Parliament to regulate or control smtg under national governments’ authority (e.g. national security, border control, military, currency, airports…etc)

-provincial laws: passed by provincial gov to regulate/control stuff under provincial constitutional authority (property rights, education, social services, drinking age, traffic laws, housing)

-municipal laws (bylaws): regulated minor municipal matters (garbage collection, parking, pet licenses, public space regulation…etc)

Question 14

types of offenses?

Answer 14

summary offenses
indictable offenses

Question 15

what is a summary offense?

Answer 15

summary (misdemeanors)
-minor offense
-punishable by fine (less than $5000) or (less than 6 months in prison)
-heard + sentenced by a judge (no jury)
-not arrested or detained (show up for court date at scheduled time)
-must be tried within 6 months (statute of limitations

Question 16

what is an indictable offense?

Answer 16

-more ‘serious’ crimes (trafficking, phy/sexual assault, murder…etc)
-more severe penalties —> jail (up to life)
-must be tried by judge + jury
-accused may be detained before trial
-NO STATUTE OF LIMITATIONS period

Question 17

policing? (exceptions?)

Answer 17

-own provincial police forces (Ontario, Quebec + newfoundland)

-other provinces rely on municipal police forces (Van police department…etc)

-RCMP (fed police): in low pop + rural areas, RCMP are the only police presences

-other law enforcement w/ varying jurisdictions + degrees of authority (metro van transit police, indigenous police forces, canadian forces military, canada border services agency)

Question 18

punishment + imprisonment?

Answer 18

• less than 2 years –> provincially-run jail
  -over 2 years –> fed prisons
  -escalating scale (1st time offenders receive lighter sentences)
  -most serious have long mandatory prison sentences (life = max)
  -prison can be ended early for personal reform + good prison behav (decided by parole boards)

Question 19

canada’s court system

Answer 19

supreme court of canada
-court marital appeal court –> military courts

-provincial court of appeal –> provincial/teritorial superior courts –> provincial courts –> provincial administrative tribunals

-federal court of appeal –> tax court of canada
–> federal court trial division–> federal administrative tribunals

Question 20

current issues in criminal law in canada? (6)

Answer 20

-struggle between balancing individual rights + prohibitive laws (US: guns laws, right to bear arms)
-leniency –> how much should be given to protecting the rights of various cultural + religious minority groups (e.g. Bountiful BC + polygamy case)
-CJS is slow, inefficient + expensive
-difficult to discern what should be defined as ‘harm’ (e.g. sex work, drug use, hate speech laws…etc)
-nature of crime + tech very difficult to keep up with
-challenges w/ globalized/international nature of crime

Question 21

steps of CJS? (8)

Answer 21

-a crime occurs
-crime is discovered/reported
-crime is investigated
-evidence is reported to prosecutors’ office
-criminal charge is either approved or thrown out
-accused is apprehended or arrested (+ may or may not be contained depending on the crime)
-accused goes to court
-verdict, sentencing + punishment

Question 22

what functions does the criminal law serve?

Answer 22

-retribution –> to punish offenders for transgression
-deterrence –> to discourage others from committing a similar offense
-denunciation –> to reaffirm that the offense is morally unacceptable