L2 / CH3

Question 1

Define crime and discuss how crime is constructed.

Answer 1

Crime is an act of omission that violates criminal law and is punishable by the state. Crime is constructed through societal norms, legal definitions, and state actions in creating and enforcing laws.

Question 2

Define and describe what criminal law is.

Answer 2

Criminal law is the body of laws defining criminal offenses, enforced by the State through the threat or application of punishment. The Criminal Code of Canada defines a crime as an intentional violation of the criminal law without defense or excuse

Question 3

Summary offences and Indictable offences.

Answer 3

Summary Offences: Minor offencese with penalties of fines or maximum jail sentence of two years less a day, and proceed directly to trial in provincial court.

Indictable Offences: more serious offences with severe penalties, including longer prison sentences, and often involve preliminary hearing to determine if sufficient evidence exists for trial

Question 4

The criminal courts (vertical structure).

Answer 4

The adjudication of Canada’s criminal cases: the hierarchy of courts structure starts with provincial trial courts handling most cases and preliminary hearings, superior court devided into a trial court and a court of appeal for more serious matters, and finally, the Supreme Court of Canada (national court) at the top can hear appeals from and provide final decision from all these courts

Question 5

Adversarial vs. Inquisitorial criminal justice systems.

Answer 5

Adversarial System: Two opposing parties present cases to an impartial judge or jury, and the court acting as the referee between the prosecution and defence takes a non partisan role (Canadian system)

Inquisitorial System: judge actively investigates the case, along with prosecutorial laywers of the state

Question 6

Describe criminal justice process (6 stages).

Answer 6

1. crime observed and reported; police investigates and gather evidence
2. police provide report to crown counsel and the evidence is evaluated
3. prosecution begins with swearing of an information; justice of the peace makes decision of the charge
4. accused arrested (usually granted bail) or held in custody (summons issued to appear in court withi 24 hours)
5. preliminary inquiry in provincial court depending on the severety of offence
6. Sentencing: Penalty imposed if found guilty.

Question 7

Describe and analyse elements of crimes.

Answer 7

criminal offences contain the prohibited act (actus reus) with some element of culpability (mens rea)

it is a fundamental prerequisite of criminal law that the accused’s act be physically voluntary (up to an extent)

Actus Reus: The physical act of the crime.

Mens Rea: The intent or mental state.