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Crim 131 > Lecture 2 > Flashcards

Lecture 2 Flashcards

1
Q

Origin of the Rule of Law

A

Magna Carta
indicates that
NO ONE IS ABOVE THE LAW

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2
Q

Canadian Charter of Rights and Freedom

s1.

A

Guarantees the rights and freedom (but they are subjected to limitations

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3
Q

Canadian Charter of Rights and Freedom s2.

A

Fundamental Freedom of:
conscience/religion
Thought, belief, opinions, and expression, including freedom of press and other media of communication
Peaceful assembly
Association (but not organized crime groups)

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4
Q

Canadian Charter of Rights and Freedom s7

A

Life liberty and security of person

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5
Q

Canadian Charter of Rights and Freedom s8.

A

Search or seizure (right to secure against unreasonable search or seizure)

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6
Q

Canadian Charter of Rights and Freedom s9.

A

Detention of imprisonnment (everyone has the right not to be arbitrarily detained or imprisoned

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7
Q

Canadian Charter of Rights and Freedom s10.

A

Arrest or detention

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8
Q

Canadian Charter of Rights and Freedom s11.

A

Proceeding in Criminal and Penal Matters

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9
Q

Canadian Charter of Rights and Freedom s12.

A

Treatment and punishment

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10
Q

Canadian Charter of Rights and Freedom s15.

A

Every individual is equal under the law

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11
Q

Canadian Charter of Rights and Freedom s24.

A

A. enforcement of guaranteed rights and freedom

b. Exclusion of evidence bringing administration of justice into disrepute

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12
Q

Criminal law vs Civil law

Criminal Law:

A

CCC
Focuses on Crime/punishments
Guilt: Beyond a reasonable Doubt (90%+)
R. vs defendant

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13
Q

Criminal Law vs Civil Law

Civil Law:

A

Non-criminal legislation (e.g.) family Law, Contract Law
Guilt: balance of probabilities (51%+)
Plaintiff vs Defendant

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14
Q

CJS Purpose

A
  1. “prevent and respond to criminal behaviour”
  2. Protect victims’/offenders’ rights
  3. Justice
  4. Safety/security
    (Griffiths, 2019:22)
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15
Q

Constitution Act (1867)

A

Divide power between federal/provincial governments

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16
Q

Role of Federal government

A

Codifies legislation defining crime

17
Q

Role of Provincial/Territorial government

A

Administer the law

*Municipalities fall under provincial government

18
Q

Two Model in Criminal Justice System

A
  1. Crime Control Model of Criminal Justice

2. Due Process Model of Criminal Justice

19
Q

Crime Control Model of Criminal Justice

A

Crime Control by enhancing the power of CJS personal

20
Q

Due process Model

A

Focus on ensuring that proper procedure is followed throughout the criminal justice processing.
Increase chance of fair hearing,
Decreases chance of wrongful conviction
CJS FOCUSES on DUE process model

21
Q

Criminal Justice Funnel

A 
Griffiths, 2019:26
Highest to lowest 
1. Reported Crime
2. Found guilty
3. Admission to Prov. Custody
4. Fed.
22
Q

Dynamics of CJS (Griffiths, 2019:27)

A
  1. Discretion
  2. Disparity in decision-making
  3. Other variables/factors that influence of decision-making
23
Q

Define Ethics and what is needed with it

A

Ethics: doing what is right

Must have philosophy/morality

24
Q

CJS Accountability: when police does something wrong they can either be

A
  1. Subjected to criminal charges
  2. Subjected to civil charges
  3. subjected to internal review
25
Q

Restorative justice

A
  1. Victim speaks
  2. Emphasis on repairing harm
  3. Focus on restoration between victim, offender and the community

“A problem-solving approach to responding to offenders based on the principle that criminal behaviour injures victim, communities, and offenders, and the tall of these parties should be involved in effort to address the causes of the behaviour and its consequences “(Griffiths, 2019: 34)

26
Q

Retributive justice

A
  1. Focus on establishing blame and guilt
  2. Stigma of crime permanent
  3. No encouragement for repentance and forgiveness
  4. Dependence upon professionals; experts
  5. Adversarial; state versus offender; victim ignored, offender passive
  6. Community represented abstractly by the state
  7. punishment / control
  8. fixed rules
27
Q

4 key principles of the rule of law

A
  1. The government and its officials and agents, as well as individuals and private entities, are accountable under the law
  2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of person and property
  3. The process by which the laws are enacted, administered, and enforced is accessible, fair and efficient.
  4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve
28
Q

Rule of Law

A

“The requirement that government, as well as individuals, be subjected to and abide by the law

Crim 131 (7 decks)

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