Discrimination and Disparity Flashcards
What is the difference between substantive and procedural criminal law?
Substantive-refers to the body of legislation that declares which actions will be punished by the state
Procedural- Reveals how rights and duties of people can be enforced. Also referred to as “due process.” Sections 8 and 14 of criminal code, deals with principles of fundamental justice.
What is actus reus and mens rea?
Actus reus- did you catch the person in the act?
Mens rea- criminal intent
Both are included in substantive criminal law.
How does the supreme court define procedural law?
Principles are defined and clarified on a case by case basis-constantly evolving. Supreme court has ruled in areas of disclosure, right to silence, right to a fair trial, and right to not make incriminating statements.
What are the differences between prejudice and discrimination?
Prejudice- Rigid and generalized ideas and beliefs about a group of people.
Discrimination- Practices that deny groups equal access to societal rewards.
What kinds of conditions were laid out in 1983 on issues of sexual assault?
1) Complainant had to be female 2) Accused had to be male 3) Complainant and accused could not be married to each other. 4) Sexual intercourse (penetration) occured 5) Intercourse occured without consent of the woman.
What did Bill C-127 bring?
Dealt with issues contained within 1983 sexual assault legislation. Included 3 levels of sexual assault.
What are the 3 levels of sexual assault?
Level 1: Victim endured least amount of physical injury (98% of cases, 10 years max punishment).
Level 2: Includes use of a weapon, threats to use a weapon, or bodily harm (14 years max punishment)
Level 3: Involves wounding, maiming, disfiguring, or endangering the life of the victim (life sentence).
What were some controversies of the new law and when were these controversies absolved?
Bill C-127 significantly restricted use of victims sexual history as evidence. In 1991, s. 276 was struck down as unfair to the accused.
What is the “rape shield provision?”
Shields women from having to disclose sexual history-found that women report crimes less because defense can question women’s validity due to their sexual history.
What are some other laws that were implemented then struck down with sexual assault?
1994- Extreme drunkness defence was implemented then removed in 95.
1997- Bill C-46 restricted full disclosure of records- two stage process where the judge would determine whether the victims sexual history would be disclosed to the defence.
What are the 2 stages in the 2 stage process?
1- Accused must convince trial judge that the documents are likely relevant to his or her defence
2- Judge must consider whether it is necessary in the interests of justice for the defence to view them.
What are some of the reasons that the victim’s sexual history would be ordered?
1) potential prejudice to dignity and right to privacy 2) the defendant’s right to a full answer and defence 3) reasonable expectation of privacy 4) Probative value of the record.
What are 3 aspects of deterrance?
1) Swiftness of a trial. 2) Certainty that you’ll get caught 3) Severity of punishment.
