Lecture 1 Flashcards
4 main components of CJS
- Police
- Courts
- Corrections
- Accused people/offenders
Other stake holders of CJS
- Victims
2. Community
Criminal justice system is shaped by
- Law
- Religion
- Morality
- Ethics
- Science
Define Crime
An act or omission that is prohibited by Criminal Law (Griffths, 2019:6)
Two essential elements of Crimes
- Actus Reus: the Act
2. Mens Rea-the Intent, The mental state (guilty mind)
Define Deviance
Behaviour contrary to the norms and values of the larger society. (eg gothic)
Criminal Law/legislation is influenced by:
- Social Milieu(things change over time)
- Economics (Mortgages, increasing housing prices)
- Politics
- “moral entrepreneurs” (Community groups who pressure gov. to change the law)
Two Models of Criminology
- Value Consensus Model
2. Conflict Model
Value consensus model
- Assumes consensus in the whole community (regarding what should be illegal)
- Posits crime punishments reflect general societal values
Conflict model
- Posits that crime/punishments reflect the values of the rich/powerful. (favours rich and powerful help them stay that way)
Two types of Canadian Law:
- Substantive Law
2. Procedural Law
Principles of Common Law
- Precedent previous decisions set the standard for future judgments
- Stare Decisis: standing by previous decisions
Substantive law
Law that sets out the rights and obligations of each person in society; includes criminal code
Procedural Law
The legal processes that protect and enforce the rights set out in substantive law
Common Law
Law that is based on custom, tradition, and practice and is generally unwritten