criminal law Flashcards
what is the modern state social contract theory
-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)
how to calculate homicide rates?
(# of homicides/total pop) x 100,000 ppl
measuring crime (what is it important for?)
resource distribution, effective policing, identifying current + future trends etc.
why did crime decrease in early 1990’s?
-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
why define, code or punish ‘victimless’ or ‘harmless’ crimes?
-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
dark figure of crime?
-many crimes that are never officially reported –> not included in official crime stats
-esp: SA, minor fraud, cybercrime, minor property crime (90%)
criminal law? (4)
-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
how is criminal law carried out?
-defined, imposed, carried out + punished by the state –> agents of the state (police, prosecutors, judges…etc)
what is criminal law inspired by?
-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
canadian criminal code
-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
what parts are NOT on the criminal code + are in other acts?
-controlled drugs + substances act
-youth criminal justice act
-crimes against humanity + war crimes act
charter of rights + freedoms?
-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
levels of law in canada? (federal, provincial, municipal)
-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)
types of offenses?
summary offenses
indictable offenses
what is a summary offense?
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
what is an indictable offense?
-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
policing? (exceptions?)
-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)
punishment + imprisonment?
- 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)
canada’s court system
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
current issues in criminal law in canada? (6)
-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
steps of CJS? (8)
-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
what functions does the criminal law serve?
-retribution –> to punish offenders for transgression
-deterrence –> to discourage others from committing a similar offense
-denunciation –> to reaffirm that the offense is morally unacceptable
