lecture 1(introduction)

Question 1

Who is Donald Marshall Jr.?

Answer 1

A 17-year-old Indigenous male from Nova Scotia, wrongfully convicted of murder, served 11 years of a life sentence before acquittal.

Question 2

What was the outcome of Donald Marshall Jr.’s conviction?

Answer 2

His conviction was overturned by the Nova Scotia Court of Appeal, and he received over 1 million dollars in compensation.

Question 3

What significant challenges did Donald Marshall Jr. face after his release?

Answer 3

He had a difficult time readjusting to life and died at age 55.

Question 4

What is a critical question regarding taxpayer accountability in wrongful convictions?

Answer 4

Should taxpayers be held accountable for compensating the wrongfully convicted?

Question 5

How can biases and stereotypes influence our interactions?

Answer 5

They can affect the way we interact with others in both personal and professional contexts.

Question 6

Should police officers be held personally accountable for negligence?

Answer 6

Yes, when negligence has been proven.

Question 7

What is one proposed solution to improve the criminal system regarding mental health?

Answer 7

Focusing on rehabilitation to help improve patients and gradually reintroduce them into society.

Question 8

What role do social media and online communities play in radicalization?

Answer 8

They can feed off individuals, eventually causing radicalization.

Question 9

What is the definition of crime?

Answer 9

Crime is defined by the justice system as acts that violate laws established by legislation.

Question 10

What is the importance of public perception in the justice system?

Answer 10

The justice system must be seen as fair and balanced by the public.

Question 11

What are the two main types of law?

Answer 11

• Public law
• Private law/Civil law

Question 12

What does the Criminal Code of Canada encompass?

Answer 12

It is a federal statute that defines acts considered crimes in Canada, ranging from homicide to minor offenses.

Question 13

What are examples of informal mechanisms of social control?

Answer 13

• Public shaming
• Sarcasm
• Criticism

Question 14

What are examples of formal mechanisms of social control?

Answer 14

• Laws
• Fines
• Imprisonment

Question 15

What is the difference between malum in se and malum prohibitum?

Answer 15

• Malum in se: acts universally considered evil (e.g., murder)
• Malum prohibitum: acts defined as illegal by government (e.g., speeding)

Question 16

What are summary offences?

Answer 16

Less serious crimes that carry a jail sentence of up to 6 months and a maximum fine of $5,000.

Question 17

What are indictable offences?

Answer 17

Serious offences like homicide that require court appearances before federally appointed judges.

Question 18

What is a dual offence?

Answer 18

An offence that can be prosecuted as either a summary or indictable offence.

Question 19

What are the three components of the Criminal Justice System (CJS)?

Answer 19

• Police
• Courts
• Corrections

Question 20

What is the role of police in the CJS?

Answer 20

They are the most visible component and often the first point of contact for individuals.

Question 21

What is the structure of Canadian courts based on?

Answer 21

English common law systems.

Question 22

What is the significance of the first penitentiary built in Canada?

Answer 22

It was built in Kingston in 1835, known as ‘Kingston Pen.’

Question 23

What is the current state of incarceration in Canada?

Answer 23

Approximately 40,000 adults and over 800 youths are incarcerated, with many serving sentences in the community.

Question 24

What is the concept of discretion in the CJS?

Answer 24

The ability of officials to make choices based on the specifics of a case.

Question 25

What does filtering refer to in the CJS?

Answer 25

The process of individuals being filtered out at various points in the justice system.

Question 26

What does sequencing refer to in the CJS?

Answer 26

The set pattern that treatment of individuals follows according to law and policy.

Question 27

What are the goals of the CJS?

Answer 27

* Prevent crime * Protect the public * Support victims * Hold offenders accountable * Help offenders reintegrate

Question 28

What is proactive police patrol?

Answer 28

Focused police efforts in high-crime areas to deter criminal activity.

Question 29

What is the Canadian Victims Bill of Rights?

Answer 29

A law that came into effect on July 23, 2015, aimed at improving the treatment of crime victims.

Question 30

What is the crime control model?

Answer 30

A model prioritizing public safety over individual rights.

Question 31

What is the due process model?

Answer 31

A model focused on protecting the rights of defendants.

Question 32

What are the key elements of due process in Canadian law?

Answer 32

* Right to a fair hearing * Right to legal counsel * Right to notice of charges * Right to a fair and public trial * Right to appeal

Question 33

What must individuals be informed of regarding charges against them?

Answer 33

The charges or claims against them, including the nature of the allegations and the evidence supporting them. ## Footnote This ensures that individuals are aware of what they are accused of and can prepare their defense.

Question 34

What is required regarding notice of court dates and proceedings?

Answer 34

Parties must be given adequate notice so they can prepare and participate effectively. ## Footnote This is essential for ensuring that all parties have the opportunity to present their case.

Question 35

What is the right to a fair and public trial?

Answer 35

Trials should generally be open to the public, promoting transparency and accountability in the legal process. ## Footnote This principle helps to ensure that justice is not only done but seen to be done.

Question 36

What does fairness in the trial process entail?

Answer 36

The trial process must be conducted fairly, ensuring procedural rules are followed and justice is administered impartially. ## Footnote This is a cornerstone of the legal system to protect individual rights.

Question 37

What is the right to appeal?

Answer 37

Individuals have the right to appeal decisions to a higher court if they believe there has been an error in the legal process or in the application of the law. ## Footnote This allows for corrections of mistakes made in lower courts.

Question 38

What is closely related to due process in Canada?

Answer 38

The principles outlined in the Canadian Charter of Rights and Freedoms, particularly sections related to legal rights (sections 7 to 14) and the right to a fair trial. ## Footnote The Charter serves as a fundamental legal document that protects individual rights.

Question 39

What is an example of a due process violation involving unlawful detention?

Answer 39

Holding someone in custody without proper legal grounds or without following legal procedures. ## Footnote This undermines the legal rights of individuals.

Question 40

What does denial of legal counsel refer to?

Answer 40

Refusing to provide access to a lawyer during legal proceedings. ## Footnote This is a violation of an individual's right to defend themselves.

Question 41

What does bias or prejudice in legal decisions refer to?

Answer 41

Decisions made by a tribunal or judge that show evident bias or partiality. ## Footnote This can compromise the fairness of the legal process.

Question 42

What does due process ensure in legal proceedings?

Answer 42

That legal proceedings are conducted with fairness and respect for individual rights, upholding the principles of justice in the Canadian legal system. ## Footnote This is essential for maintaining public trust in the legal system.

Question 43

What are the three components of the Criminal Justice System (CJS)?

Answer 43

Law enforcement, courts, and corrections. ## Footnote These components work together to maintain order and administer justice.

Question 44

How are summary conviction offences different from indictable offences?

Answer 44

Summary conviction offences are less serious and typically result in less severe penalties than indictable offences. ## Footnote This distinction affects the legal procedures and potential consequences for the accused.

Question 45

How do the classifications of offences relate to malum in se and malum prohibitum?

Answer 45

Malum in se refers to acts that are inherently wrong, while malum prohibitum refers to acts that are wrong due to being prohibited by law. ## Footnote This classification helps in understanding the nature of different crimes.

Question 46

What are the main goals of the Criminal Justice System?

Answer 46

To prevent crime, protect the public, and ensure justice is served. ## Footnote These goals guide the actions of law enforcement, the judicial system, and correctional facilities.

Question 47

What is the difference between informal and formal social control?

Answer 47

Informal social control involves unwritten rules and social norms, while formal social control involves laws and regulations enforced by institutions. ## Footnote Both types of control are important for maintaining societal order.