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Winter 2022, Criminal Justice > Midterm > Flashcards

Midterm Flashcards

1
Q

Briefly, why is the political structure relevant to the CJS?

A

Political institutions influence court, police, prisons
Political values apply to the CJS
Political institutions make laws

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2
Q

What is the definition of democracy? What are the 5 main points?

A 
Rule of, by and for the people 
1- Political Pluralism 
2- Transparency 
3- Popular participation 
4- Rule of Law
5- accountability
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3
Q

Where does the parliamentary system come from?

A

Westminster: Common law from UK

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4
Q

Describe the separation of power?

A

Executive, legislative, and judiciary

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5
Q

What is political pluralism?

A

Many groups have power independently from government

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6
Q

What are the 3 types of justice? Describe each.

A

Justice as welfare: (maximizing stuff, pleasure, money)
Justice as freedom (Do as you please)
Justice as virtue (being a good person)

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7
Q

What is Utility?

A

It is a measure of well-being. Cm, pounds, utility.

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8
Q

Who are the people linked to Utilitarians?

A

Bentham (18th-19th century) and Mill (19th)

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9
Q

Utilitarianism:
Two governing impulses?
What is conception o happiness?

A

Pleasure and pain
maximize pleasure, minimize pain.
Say that sometimes, pain is necessary to maximize pleasure.

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10
Q

Utilitarianism is ______, meaning that it focuses on pleasure over moral virtues. It is also ______, meaning that it allows bad actions if they have good outcomes. They also believe in _____, meaning that calculations are sometimes necessary in justice. Their slogan is…

A

hedonistic
consequentialist
qualifications
Greatest happiness for the greatest number.

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11
Q

Utilitarianism is ______, meaning that it focuses on the happiness of others over _____.

A

others regarding over self regarding. Concerned with welfare of others.

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12
Q

Who invalidates consequentialists theory, and in what book?

A

Nozick’s Utility monster

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13
Q

What is Nozick’s theory? name
Minimum ________, favorises ______ (meaning no notion of =), no _______ of ______.
Focuses on _____ economic theory.
______ consequences.

A 
Justice as freedom, libertarians. 
state intervention 
self-ownership
money redistribution 
capitalist 
disregard
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14
Q

From which theory did John Rawls theory emerge?

A

response to Nozick. Believes in liberty with fair opportunities/backgrounds

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15
Q

What is the veil of ignorance in Rawls theory?

A

Individuals design social rights and obligations before joining the world and knowing who they will be.
This would protect minorities, individual rights, provide = chances for all, and redistribution of money to some extent (taxes).

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16
Q

What is Rawls influence on the present world?

A

Reason why everyone has to go to school, garderie a 7$ ,

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17
Q

When was Immanuel Kant active?

A

18th century

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18
Q

What is Kant’s contribution to this day?

A

Charter of Rights and freedoms

Universal human rights

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19
Q

What are the two key principles of the Kantian school of thought?

A

_categorical imperatives are unconditional and universal (absolute duty, functions all the time, for everyone).
- People are ends in themselves not means.

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20
Q

Why is Kant’s theory Justice as Freedom?

A

He believes that our actions shouldn’t be subject to circumstances.

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21
Q

What are Kant’s though on desires and calculations?

A

against both of them. Should not be included in morality.

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22
Q

What is justice as virtue?

A

Having certain characteristics is good, and the right thing is the one that goes according to the virtue. Focuses on being good people, and right action will follow.

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23
Q

Malum in se v. Malum prohibitum

A

Malum in se: is always evil

Malum Prohibitum: govt decided it was bad

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24
Q

What are the 5 aspects of the rule of law?

A
  • Law is known and applies to everyone
  • Law is necessary for peace and order
  • Process of law enforcement, administration, and enforcement is fair and efficient
  • Justice is served timely and independently
  • No one is above the law and has unrestricted power
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25
Q

What is, briefly, the history of the Rule of Law? 3 events

A
  • Magna Carta (1215) in Great Britain
    King John does not have unrestricted power anymore and his now equally subject to the law.
  • Glorious Revolution (1688)
    Eliminates the possibility for an absolute ruler, but had to form a parliament.
  • Canadian constitution 1867-1982
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26
Q

What is the primary law and guarantees rights in the Canadian Constitution (Rule of Law)

A

Primary: Law that all others laws have to conform to. Courts have restricted, extended or define sections of it to analyze it.
Guarantees: everyone has that right. Legal Rights

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27
Q

Who was the king during the Magna Carta> Glorious Revolution?

A

John

William

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28
Q

The Law:

Foundational to enact key _____. Such as freedom, ______, ______, ____, ____, _______.

A

values

rule of law, democracy, constitutionalism, federalism, respect for minorities.

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29
Q

The law must balance _____ and _____. Examples:

A

rights and responsabilities

permits, taxes, voting, serving on a jury

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30
Q

What is the law supposed the prevent? give 3 examples

A

arbitrariness and chaos

contracts, settle disputes, safety and peace.

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31
Q

The law must carry out social ____, such as ______, ______.

It must also protect ____ and _____.

A

Policies
Code du travail
Unemployment

Freedom and equality

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32
Q

The first historical development of the law is the Code of Hammurabi. Where? When? How many articles? Types of justice? Values?

A

Babylon in 1750 BCE
Stone Pillar of 282 articles
retributive justice (eye for an eye).
No value of freedom and equality: inequality between individuals.

33
Q

The second historical development of the law is Mosaic Law (Old Testament): How many articles? What changed from the code of Hammurabi (3).

A

Ten Commandments
Punishments are more restitutive.
Focus on deliberate acts (on the intention)
Egalitarian (social status does not matter)

34
Q

What does the Greek law introduces in the justice system?

A

Jury to determine guilt or innocence.

35
Q

What is the main code we have today from the Roman Law? What is it composed of? Values? Basis for…

A

Justinians code.
Compilation of Roman law but better
Really focused on equality
Civil and Criminal Law in Europe

36
Q

Canada has two legal tradition, the French and the British. What do we call this system of having two traditions?

A

Bijural

37
Q

Common law is _____-made.

Origin is… because…

A

Judge
established under King Henry II in England (12th century) because noblemen who can’t communicate cause all over the place. Inconsistent judgement.

38
Q

What is Stare Decisis? Contrast it to Jurisprudence.

A

Similar cases in the future will have similar decisions.

Jurisprudence is just the decisions that were made.

39
Q

What is civil law? Where does it come from? Where is it used?

A

Formal and written law. Uses civil code for law, jurisprudence for consistency.
Code Napoléon.
Only in Quebec for private law.

40
Q

Public law is a set of rules that defines and limits the relationship between ____ and ______.
What are the 4 law that we talked about that are included in Public law? Explain each.

A

individual and society as a whole.
Constitution: Between branches, provinces and federal, limits govt power
Criminal Law: Crime and punishment
Administrative Law: Actions and operations of govt. Taxes, permits, etc.
Immigration

41
Q

Private law is a set of rules of conduct between _____ (includes ____, _____).
Also called ______.
Instead of punishment…
3 types?

A 
people (business and organizations)
Civil law 
compensation for the victims 
family (divorce, marriage) 
Property law (Sell something, noise complaint) 
Contract law (insurance, car, etc.)
42
Q

Criminal law is a form of (private/public) law. Definition of criminal law.
Who is prosecuting.
Sets the procedures for ____ and _____.

A

public
Deals with conducts that are seen as harmful to society
govt
police and courts

43
Q

What are some sources (where the laws are found) of criminal law? name 5

A 
criminal code (main one) 
Youth criminal justice act 
controlled drugs and substances act
food and drugs act 
friearms act
44
Q

What is the role of the charter of rights and freedoms in the CJS?

A

sets out rights to protect citizens.

Legal rights

45
Q

What are the four main functions of the criminal law?

A
  • social control
  • determines social norms
  • reduces risk of personal retaliation (dealing with it ourselves).
  • creates deterrence
46
Q

What are the 3 main principles of Criminal law. Explain.

A

Presumption of innocence
3 components of a crime
Burden of proof: Crown has the burden and must prove without reasonable doubts. Defence raises doubt.

47
Q

What is the difference in the burden of proof in criminal versus civil law.

A

Criminal: beyond reasonable doubt.
Civil: balance of probabilities (50%+1)

48
Q

What are the 3 possible Actus Reus?

A
  • Physical act = commission
  • Omission to act = legal obligation to do something
  • State of being
49
Q

Actus Reus:
certain conduct requires a certain _____ to be a crime. Example.
Give an example on why circumstances are relevant to certain crime?
There also requires a _____ between conduct and consequence. Example.

A

outcome (homicide requires death)
Trespassing in park, only illegal at night. Drinking alcohol only illegal in public.
Causation. Disturbance requires you actual screaming and shouting. If neighbour can’t sleep because of insomnia, not your fault.

50
Q

Mens Rea:

Name the 4 we have seen

A

Intention
Wilful blindness
Reckless behaviour
criminal negligence.

51
Q

Intention is when a person…

Wilful blindness is when….

A

intends to commit the actus Reus. Could see that the actions are harmful.
Wilful blindness is when a person knows that its possibly a crime, but acts as if they didn’t know/didint happen.

52
Q

Explain the case of Briscoe. Why is it wilful blindness

A

New homicidal plans of person, decides to ignore it.

53
Q

What is the difference between subjective and objective mens rea? Which one of the 4 we saw is objective and why?

A

Subjective, look in the head of the criminal to understand what happened.
Objective don’t care what happened. Always illegal. You should’ve known, there’s no defence.

54
Q

Explain what criminal negligence is.

A

People being dumbasses. Disregard for the well-being of others. A reasonable person would have anticipated the consequences of the actions.

55
Q

How do they assess criminal negligence?

A

Assess what a reasonable person would have done in this case.

56
Q

Explain what reckless behaviour is.

A

Know something is dangerous or risky, and still doing it. Have the knowledge that something might happen.

57
Q

Which one has harsher consequences, objective or subjective mens rea?

A

Subjective

58
Q

Why would the crown chooses reckless behaviour over criminal negligence and vice versa>

A

Criminal negligence is easier to prove. But reckless has harsher punishment.

59
Q

What is a defence?

A

Strategy to raise reasonable doubt, role of the accused.

60
Q

What are the 3 types of defences? What is the difference?

A

Alibis
excuse
justification
Justification is like: I did this act, but its not a crime.
Excuse is like, I did this crime, it is a crime, but you can forgive me because…

61
Q

Name and explain the 5 excuse defences.

A
  • Age: No criminal under the age of 12. Limited under the age of 12-18
  • Mental disorder: corrupts autonomy and rationality of the accused.
  • automatism: involuntary behaviour
  • Mistake of facts: If I had known {x}, I would’ve acted differently. Saying you didn’t know the law is not an excuse.
  • ## Involuntary intoxication: Don’t know you’re getting intoxicated.
62
Q

How is the excuse defence of mental disorder proven?

Examples?

A

balance of probability burden

Paranoia, Schizophrenia

63
Q

What are the 6 justification defences? Explain.

A

Duress- forced or threaten to commit a crime.
Necessity - Illegal act to prevent more serious harm.
provocation- lost self-control
self-defence: defend myself, others, or property. reasonable use. immediate force or threat of force.
entrapment: police deceits person into committing the crime.
consent- permitted sometimes.

64
Q

What are the conditions to duress?

A

serious threat
no way out
proportionality between offence and harm avoided

65
Q

Necessity conditions?

A

offence less serious than harm avoided. Direct, immediate peril
no alternative.

66
Q

Explain why is provocation only a partial defence? For what offence can it be used?

A

Only used for murder.

If successful, charged with manslaughter.

67
Q

What is a summary conviction? Give examples

A

Less serous offence.
Trespassing at night, disturbance, public nudity, small theft, falsifying employment records, interference with marine signal, mailing obscene matters.

68
Q

Which court for summary convictions? Maximum penalty?

A

Provincial

5000$ or 2 years minus one day in jail.

69
Q

What is an indictable offence? Examples?

A

More serious.

Murder, piracy, high treason, hijacking, intimidating parliament, possession of nuclear material.

70
Q

Indictable offences:
Which court trials?
Maximum penalty?

A

Provincial or superior

life in prison.

71
Q

What is a hybrid offence? Examples.,

A

Crown chooses if summary or indictable.

Assault, assault with weapon, disarming a peace officer, wilful promotion of hatred.

72
Q

When the crown chooses whether offence summary or indictable, what is it based on?

A

severity, prior record, impact on community

73
Q

What is included (3 sub-systems) of the CJS

A

police, courts, correction.

74
Q

Why do we say that the CJS is not really a system?

A

Lack of Interoperability
Different parts have different purposes, don’t talk with each other, don’t have common boss, don’t have common guidelines or meetings.

75
Q

The criminal justice system is a mix of _____ and ______. Such as…

A

Agencies (Canadian border service agencies)

Organization (MADD)

76
Q

Goals 1: Preventing crime:

What are the 3 things that are done to prevent crime?

A

Patrols (policing)
Environmental designs
Social development (targeting root of crime).

77
Q

CJS goals 2: Protecting Public

3 things done:

A

Police visibility
prosecutors targeting dangerous individuals.
Private security firms hire guards.

78
Q

Goal 3: support victims

Things done 3

A

Information and participation on case (dog in court, Victim impact on bissonette trials)
Restitution in civil trials
Protection

79
Q

What are the two last goals (mentioned so far are preventing crime, protecting public, support victims). What are the challenges with the last one?

A

Holding offenders responsible Offenders rehabilitation

Sentences too short, short budget.

Winter 2022, Criminal Justice (3 decks)

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