Foundation of Criminal Justice Flashcards
What is Crime?
A crime is generally defined as an act or omission that is prohibited by criminal law
A crime occurs when a person:
- Commits an act or fails to commit an act when under the legal responsibility to do so
- Has the intent, or mens rea, to commit the act
- Does not have a legal defence or justification for committing the act
- Violates a provision in criminal law
The Social Construction of Crime
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.
Moral entrepreneurs
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
Value consensus model
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.
The Conflict Model
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
common law system
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.
precedent
a judicial decision that may be used as a standard in subsequent similar cases
The Quebec Law System
Quebec uses the civil law system, which is based on the French Code Napolean.
Civil codes
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.
Stare Decisis
The principle whereby higher courts set precedents that lower courts must follow. allows all courts to play by the same rule book.
statute law
Written laws that have been enacted by a legislative body such as the Parliament of Canada.
Case law
Law that is established by previous court decisions and is based upon the rule of precedent.
Criminal law
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.
The sources of criminal law
In Canada, there are two primary sources of criminal law: legislation and judicial decisions.
The Principles of Canadian Law
- 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
The Rule of Law
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.
Magna Carta
Key principles on the rule of law
The Canadian Charter of Rights and Freedoms
The primary law of the land; guarantees fundamental freedoms, legal rights, and quality rights for all citizens of Canada, including those accused of crimes.
Fundamental freedoms
- 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
Legal rights stated in the charter
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”
The Criminal Code of Canada
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.
The Due Process Model
an “obstacle course” model of justice that emphasizes the due process rights of individuals.
The Crime Control Model
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.
Models of Justice
- The Crime Control Model
2. The Due Process Model
Social Justice
A broader view of justice that places the ideal of justice within a larger cultural, economic, and political context
The Inquisitorial System
- 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
The Adversarial System
- 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
Procedural Justice
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.
a legal system can be organized in one of two ways:
(1) an adversarial system
(2) an inquisitorial system
Substantive Justice
“true justice”, referring to the accuracy of a situation of outcome
Justice
Refers to ideals of fairness and objectivity
The Goals of the Criminal Justice System
- To control crime
- To prevent crime
- To maintain or achieve justice
Corrections
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.
Courts
adjudicatory or fact-finding bodies where criminal cases are prosecuted and determinations of guilt are rendered.
The Police
Responsible for the enforcement of law, investigation of crimes, and arresting of suspects.
There are three major components to the Canadian criminal justice system:
(1) the police
(2) the courts
(3) corrections
constitution
a body of fundamental principles or established precedents
Parliamentary Supremacy
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.
Constitutionally entrenched
provision that makes certain amendments either more difficult or impossible to pass
Judicial Review
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
Federalism
the federal principle or system of government.
patriation
The transfer of a governmental power from a former mother country to a newly independent one.
reasonable limits clause
legally allows the government to limit an individual’s Charter rights.
Oakes test
test that justifies a limitation on the charter of rights
Pressing and substantial objective
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.
rational connection
The limitation of the right must be rationally connected to the objective of the law in question.
minimal impairment
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.
proportionate effect
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.
