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Soci 327 midterm 1 > Criminal law and criminal justice > Flashcards

Criminal law and criminal justice Flashcards

1
Q

Substantive criminal law

A

Declares which actions will be punished by the state

Actus reus
Men’s rea
Harm

Laws that define criminal behaviour

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2
Q

Procedural criminal law

A

Reveals how the rights and duties of people can be enforced = due process

Mostly found in s.8 “principles of fundamental justice”

No one can be deprived of life, liberty

No static - constantly changing

Supreme Court has Ike’s in areas of disclosure, right to silence, right to a fair trial, right not to make incriminating statements

Legal guilt over factual guilt

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3
Q

Sexual assault rape conditions

A
  1. Had to be female victim
  2. accused was make
  3. Not married to each other
  4. Sexual intercourse occurred
  5. No consent of the woman
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4
Q

Sexual assault levels

A

Level 1: least injury (98% cases)
Hybrid offence

Level 2: use of weapon or harm, or threat

Level 3: wounding, ma mining, disfiguring, or endangering

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5
Q

Bill c-127

A

Victims sexual history

Catch the victim being insecure

Taint them out to be the bad person

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6
Q

1994 “extreme drunkenness” was implemented (rape shield law)

A

Bill c-46 full disclosure of records

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7
Q

Stages of assault

A

1st stage: accused must convince the trial judge that the documents are relevant

2nd stage: judge must consider whether it is necessary in the interests of justice for the defence to view them

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8
Q

Canadian law derived from?

A

The British then turned into common law

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9
Q

Common reasons for ordering the complainants records

A
  1. Prejudice to dignity and the right to privacy
  2. Defendants right to full answer and defence
  3. Reasonable expectation of privacy
  4. Pro active value of the record
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10
Q

Sources of criminal law

A

Stare decisis: the process of following previous decisions when forming new ones (law adapts to changes)

Judges have some discretion (look at precedent)

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11
Q

Written sources: the constitution

A

Includes the charter (1982)

Supreme law

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12
Q

Written sources: statute law

A

Was that prohibit or mandate certain acts

Criminal code

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13
Q

Written sources: case law

A

When the courts need to interpret existing statues

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14
Q

Written sources: administrative

A

Specific areas (environment)

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15
Q

The rule of law

A

Every person and group is subjected to the same laws

Sense of orderliness

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16
Q

What type of law is concerned about whether the accused has actually committed an offence and formed the intent to do so?

A

Substantive law

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17
Q

What are some of the main principles of criminal justice as indicated in the charter?

A

Life Liberty and security

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18
Q

The charter 1982

A

Fair trial
Protection of due process rights
Freedom from cruel and unusual punishment

Principles of fundamental justice are broader than the rights defined in the charter

19
Q

Section 7

A

Individual rights

20
Q

Section 8

A

Right to a reasonable expectation of privacy

21
Q

Section 9

A

People cannot be arbitrarily detained

22
Q

S.10

A

Rights of the accused when detained

23
Q

Section 11

A

Rights people have when charged with an offence

24
Q

Section 12

A

Fair punishment

25
Q

Section 13

A

Freedom from self incrimination

26
Q

Section 14

A

The right to an interpreter

27
Q

Section 15

A

Equality rights

28
Q

Section 24

A

Remedies for violation of the above rights

29
Q

CJS definition of crime

A

Crime as actions that are Harmful, prohibited, can be prosecuted in a formal environment, and for which a punishment can be handed out

30
Q

Corpus delecti

A

The body of crime

Legality 
Men's rea
Actus reus
Concurrence of men's rea and actus rea
Harm
Causation 
Punishment

This is followed when charging and convicting people

31
Q

Excuse defences

A

Excusing a person from being punished as if they weren’t truly responsible

Age
Mental disorder
automatism 
Mistake of fact
Mistake of law

Unable to have a guilty mind, or establish intent to do a crime

32
Q

Justification defences

A

Having a reasonable amount of force against the person trying to hurt you

Duress
Necessity
Self-defence
Provocation
Entrapment
33
Q

Summary offences

A

Less serious

34
Q

Indictable offences

A

More serious

35
Q

Excuse defences: age

A

0-12 don’t know what they are doing

12-18 youth crime , don’t keep records

18 older = adult

36
Q

Excuse defences: mental disorder

A

Cannot form intent because they were not rational at the time- prove this by evidence with long standing mental illness

37
Q

Excuse defences: automatism

A

The performance of actions without conscious thought or intention

Ex: sleep walking

38
Q

Excuse defences: mistake of fact

A

Didn’t know you were actually carrying out a crime

39
Q

Excuse defences: mistake of law

A

Referring to one Ken ore errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by the court

40
Q

Justification defences: duress

A

Threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment

41
Q

Justification defences: necessity

A

Same thing as duress- difference is that it doesn’t necessarily have to be another person posing a harm to another

Ex: Robert latimer

42
Q

Justification defences: self defence

A

Defending yourself, your property, or neighbors property

43
Q

Justification defences: provocation

A

Being provoked

44
Q

Justification defences: entrapment

A

State cannot create condition where crime can occur.

The state of being caught in or as In a trap

Set you up

Soci 327 midterm 1 (3 decks)

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