Foundation of Criminal Justice

Question 1

What is Crime?

Answer 1

A crime is generally defined as an act or omission that is prohibited by criminal law

Question 2

A crime occurs when a person:

Answer 2

1. Commits an act or fails to commit an act when under the legal responsibility to do so
   
   2. Has the intent, or mens rea, to commit the act
   3. Does not have a legal defence or justification for committing the act
   4. Violates a provision in criminal law

Question 3

The Social Construction of Crime

Answer 3

The notion that the legal status of behaviours is not determined by the behaviour itself, but is the result of the social response to the behaviour.

Question 4

Moral entrepreneurs

Answer 4

Individuals, groups, or organizations who seek action against certain groups of people or certain behaviors and bring pressure on legislators to enact criminal statutes. ex. MADD

Question 5

Value consensus model

Answer 5

views crime and punishment as reflecting society’s commonly held values as well as its limits of tolerance. This view assumes that there is a consensus on what should be against the law.

Question 6

The Conflict Model

Answer 6

Draws our attention to the fact that some groups are better able than others to influence which behaviours and persons are criminalized. In particular, conflict theorists see the rich and privileged as having an advantage in influencing law reform and in what happens to persons who become involved in the criminal justice system

Question 7

common law system

Answer 7

A Common Law System is law that is based on custom, tradition, and practice and is generally unwritten. It was based on the notion of precedent. A unique feature of the common law is that it exists in past decisions of judges rather than being embodied in legal codes or legislation. The Canadian system is common law.

Question 8

precedent

Answer 8

a judicial decision that may be used as a standard in subsequent similar cases

Question 9

The Quebec Law System

Answer 9

Quebec uses the civil law system, which is based on the French Code Napolean.

Question 10

Civil codes

Answer 10

The civil law system is made up of civil codes, which are comprehensive statement of rules to be followed by judges. Judges first refer to the codes and then to previous court decisions.

Question 11

Stare Decisis

Answer 11

The principle whereby higher courts set precedents that lower courts must follow. allows all courts to play by the same rule book.

Question 12

statute law

Answer 12

Written laws that have been enacted by a legislative body such as the Parliament of Canada.

Question 13

Case law

Answer 13

Law that is established by previous court decisions and is based upon the rule of precedent.

Question 14

Criminal law

Answer 14

That body of law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted, and punished by the government.

Question 15

The sources of criminal law

Answer 15

In Canada, there are two primary sources of criminal law: legislation and judicial decisions.

Question 16

The Principles of Canadian Law

Answer 16

• no crime without a law, no punishment without a law
• ignorance of the law is no excuse
• no one is compelled to incriminate himself
• no one should be twice troubled by the same cause

Question 17

The Rule of Law

Answer 17

The essence of the rule of law is that no one person is above the law, all persons are bound by the law and are entitled to protection by the law, and the law should be observed and enforced equally.

Question 18

Magna Carta

Answer 18

Key principles on the rule of law

Question 19

The Canadian Charter of Rights and Freedoms

Answer 19

The primary law of the land; guarantees fundamental freedoms, legal rights, and quality rights for all citizens of Canada, including those accused of crimes.

Question 20

Fundamental freedoms

Answer 20

• freedom of conscience and religion
• freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication
• freedom of peaceful assembly
• freedom of association

Question 21

Legal rights stated in the charter

Answer 21

With respect to “legal rights,” the Charter states, “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice”

Question 22

The Criminal Code of Canada

Answer 22

The Criminal Code is federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice.

Question 23

The Due Process Model

Answer 23

an “obstacle course” model of justice that emphasizes the due process rights of individuals.

Question 24

The Crime Control Model

Answer 24

an “assembly line” model that emphasizes the early stages of the justice system through the efficient arrest and conviction of criminal offenders. Goals would include laws and practices that encourage deterrence and increase police powers.

Question 25

Models of Justice

Answer 25

1. The Crime Control Model

2. The Due Process Model

Question 26

Social Justice

Answer 26

A broader view of justice that places the ideal of justice within a larger cultural, economic, and political context

Question 27

The Inquisitorial System

Answer 27

• found in civil law countries
• involves a more collaborative effort to arrive at the truth through investigation of all available evidence by a judge or panel of judges

Question 28

The Adversarial System

Answer 28

• used in Canada and Quebec
• involves a two sided structure in which advocates from each party (prosecution and defence argue their cases to an impartial or neutral judge or jury to determine the verdict
• truth is discovered though an open competition where the prosecution and defence represent their cases

Question 29

Procedural Justice

Answer 29

Refers to the fairness of the procedures used in the justice system to arrive at decisions. Procedural justice, are the safeguards that are in place to protect individuals.

Question 30

a legal system can be organized in one of two ways:

Answer 30

(1) an adversarial system

(2) an inquisitorial system

Question 31

Substantive Justice

Answer 31

“true justice”, referring to the accuracy of a situation of outcome

Question 32

Justice

Answer 32

Refers to ideals of fairness and objectivity

Question 33

The Goals of the Criminal Justice System

Answer 33

1. To control crime
2. To prevent crime
3. To maintain or achieve justice

Question 34

Corrections

Answer 34

responsible for the administration of a sentence handed down by a judge including the management, treatment, and supervision of offenders in the community and correctional facilities.

Question 35

Courts

Answer 35

adjudicatory or fact-finding bodies where criminal cases are prosecuted and determinations of guilt are rendered.

Question 36

The Police

Answer 36

Responsible for the enforcement of law, investigation of crimes, and arresting of suspects.

Question 37

There are three major components to the Canadian criminal justice system:

Answer 37

(1) the police
(2) the courts
(3) corrections

Question 38

constitution

Answer 38

a body of fundamental principles or established precedents

Question 39

Parliamentary Supremacy

Answer 39

It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, even a constitution) or by precedent.

Question 40

Constitutionally entrenched

Answer 40

provision that makes certain amendments either more difficult or impossible to pass

Question 41

Judicial Review

Answer 41

a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority

Question 42

Federalism

Answer 42

the federal principle or system of government.

Question 43

patriation

Answer 43

The transfer of a governmental power from a former mother country to a newly independent one.

Question 44

reasonable limits clause

Answer 44

legally allows the government to limit an individual’s Charter rights.

Question 45

Oakes test

Answer 45

test that justifies a limitation on the charter of rights

Question 46

Pressing and substantial objective

Answer 46

The government must prove that the objective of the law is pressing and substantial. In other words, the purpose of the law must be important to society.

Question 47

rational connection

Answer 47

The limitation of the right must be rationally connected to the objective of the law in question.

Question 48

minimal impairment

Answer 48

In order for a government action that
infringes Charter rights to be justifiable,
the Charter right must be impaired as
little as possible. If the government can
achieve its legislative objective in a way
that involves less impairment of a right,
it must do so.

Question 49

proportionate effect

Answer 49

courts seek to balance
the negative effects of any limitation of a
right with the positive effects that the law
may have on society as a whole.