G1 Foundations of Criminal Justice

Question 1

What are the three major facets of the CJS?

Answer 1

Police, Courts and Corrections

Question 2

How do you think critically?

Answer 2

ask questions/be curious, be open-minded/consider all points of view, draw conclusions

Question 3

What is a crime?

Answer 3

an act or omission prohibited by criminal law

Question 4

What is actus reus?

Answer 4

the guilty commission of an act

Question 5

What is mens rea?

Answer 5

the mental intent to commit the act

Question 6

When does a person need to do for crime to occur?

Answer 6

• commits or fails to commit act against legal responsibility
• has intent (mens rea) to commit act
• has no legal defence/justification
• violates criminal law

Question 7

What is deviance?

Answer 7

behaviour that is contrary to the norms and values of the larger society

Question 8

What is the social construction of crime?

Answer 8

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 9

What are moral entrepreneurs?

Answer 9

individuals/groups/organizations that are against a certain group of people or behaviour, and pressure legislators to enact criminal statutes

Question 10

What is the value consensus model?

Answer 10

the view that criminal behaviours, and the offenders’ punishment reflect the commonly held opinions and limits of tolerance (ex. murder should be illegal)

Question 11

What is the conflict model?

Answer 11

the view that crime and punishment reflect the power some groups have to influence what is criminalized

Question 12

What does conflict theory think about street crime vs elite crime?

Answer 12

too focused on street crime, not enough on elite crime b.c. of conflict theory

Question 13

What is substantive law?

Answer 13

• law that sets out the rights and obligations of each person in society
• includes criminal code

Question 14

What is procedural law?

Answer 14

the legal processes that protect and enforce substantive law rights

Question 15

What is a common law system?

Answer 15

generally unwritten law based on custom, tradition, and practice

Question 16

What is stare decisis?

Answer 16

• higher courts set standards for the lower courts

- principle of common law

Question 17

What is precedent?

Answer 17

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

Question 18

What is the rule of law?

Answer 18

the requirement that the government and individuals be subjected to and abide by the law

Question 19

What is the Canadian Charter of Rights and Freedoms?

Answer 19

the law of the land, guarantees fundamental freedoms, legal rights and quality rights for all Canadian citizens, even if accused of a crime

Question 20

What are the main fundamental freedoms outlined in the Charter?

Answer 20

• freedom of conscience and religion
• freedom of thought, belief expression
• freedom of peaceful assembly
• freedom of association

Question 21

What is the Criminal Code of Canada?

Answer 21

federal legislation that sets criminal laws, federal prosecution procedures, and sentences + procedures for the administration of justice

Question 22

What are the differences between criminal and civil law?

Answer 22

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