G1 Foundations of Criminal Justice Flashcards
What are the three major facets of the CJS?
Police, Courts and Corrections
How do you think critically?
ask questions/be curious, be open-minded/consider all points of view, draw conclusions
What is a crime?
an act or omission prohibited by criminal law
What is actus reus?
the guilty commission of an act
What is mens rea?
the mental intent to commit the act
When does a person need to do for crime to occur?
- commits or fails to commit act against legal responsibility
- has intent (mens rea) to commit act
- has no legal defence/justification
- violates criminal law
What is deviance?
behaviour that is contrary to the norms and values of the larger society
What is 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
What are moral entrepreneurs?
individuals/groups/organizations that are against a certain group of people or behaviour, and pressure legislators to enact criminal statutes
What is the value consensus model?
the view that criminal behaviours, and the offenders’ punishment reflect the commonly held opinions and limits of tolerance (ex. murder should be illegal)
What is the conflict model?
the view that crime and punishment reflect the power some groups have to influence what is criminalized
What does conflict theory think about street crime vs elite crime?
too focused on street crime, not enough on elite crime b.c. of conflict theory
What is substantive law?
- law that sets out the rights and obligations of each person in society
- includes criminal code
What is procedural law?
the legal processes that protect and enforce substantive law rights
What is a common law system?
generally unwritten law based on custom, tradition, and practice
What is stare decisis?
- higher courts set standards for the lower courts
- principle of common law
What is precedent?
-a judicial decision that may be used as a standard in subsequent similar cases
What is the rule of law?
the requirement that the government and individuals be subjected to and abide by the law
What is the Canadian Charter of Rights and Freedoms?
the law of the land, guarantees fundamental freedoms, legal rights and quality rights for all Canadian citizens, even if accused of a crime
What are the main fundamental freedoms outlined in the Charter?
- freedom of conscience and religion
- freedom of thought, belief expression
- freedom of peaceful assembly
- freedom of association
What is the Criminal Code of Canada?
federal legislation that sets criminal laws, federal prosecution procedures, and sentences + procedures for the administration of justice
What are the differences between criminal and civil law?
Criminal:
-prosecutor needs to prove defendant guilty beyond a reasonable doubt
-potential loss of liberty
Civil:
-liability determined by the balances of probabilities; much lower standard of proof
-no potential loss of liberty
-disputes between individuals
