Midterm Flashcards
What is the CJS and what is it influenced by?
It is the criminal justice system, it is influenced by the political instituions like prisons, police and courts.
What applies to the CJS?
Political values like freedom, equality etc
What laws apply to the CJS and what does it mean ?
The legislative laws and executive orders. It is represented by the police budget, the criminal law, the probation rules.
What is democracy and its 5 ingredients ?
Rule of by and for the people
1 : political pluralism
2: transparency
3 : popular participation
4 : rule of law (apply to all)
5 : accountability (Ability to check and change the
government )
What is an important document of the land of Canada ?
The constitution, which is fundamental rules and principles by which a state is governed, it limits government actions and grants right to citizens. It relies on a judiciary and appears independent and impartial
What is apart of the parliamentary system ?
Westminster origin (the common law which is inherited from the Uk)
The head of state
Separation of powers (executive, legislative, judiciary)
Leg- Exec relation (selection of head of government)
Is Canada a unitary, federal or confederal and what does it mean for the country ?
it is a federation, it means the power is divided between central and provincial government and that the constitution allocates powers.
What is a multicultural state ?
The recognition of all cultures and they are worthy of equal treatement.
What is a multinational state?
It has at least two nations, which means they are have an identity and self-governance.
What are the key institution in politics for a state ?
-Machinery that keeps border safe
-Keeps a monopoly of violence
-Provides services of citizens
- Dispenses citizenship
- Enacts laws
- Has a government
What is justice ?
How best to allocate things (like wealth, rights, medical services)
It is intuitive, it focuses on maximizing welfare, respecting freedom, cultivating virtue.
What does discussion on justice rely on ?
Thoughts experiments, like trolley problems, jim in the junle, kant’s axe
Utilitarianism (Justice as welfare)
Welfare ( utility ), hedonistic (enjoying oneself), how much life is worth ?
Justice as freedom according to Nozick
Fundamental right to freedom, minimum state intervention. Self-ownership, no money redistribution, free market, disregard for consequences.
Justice as freedom according to Rawls
Liberty with fair opportunity backgrounds. Egalitarian and fair opportunity. THE VEIL OF IGNORANCE ( should protect minorities, individual rights, equal chances to all, redistribute wealth to some extent)
Emmanuel Kant (Justice as freedom)
To be free is to chose a priori of circumstances, duty vs inclinations.
Categorical imperative : unconditional and universal) reached by reason.
Treat humans as ends in themselves, not as means.
Universal human rights
Not unlimited freedom that goes against human dignity.
Not on desires, no utility calculations
In the end to act freely is just the thing to do.
Justice as Virtue
Cultivate virtue for the sake of good life, disregarded the consequences. Features of a good life, values desirable in our society (service, empathy, courage)
Honorific :
Celebrating social virtues, medals, awards and statues
What is the rule of law ?
All memebrs of a given society agree to abide by a common set of rules, called the law
5 aspect : law is necessary to keep peaecfully order, known by all and equal, fair and efficient, delivered timely and independently, no unrestricted power unless authorized by the law
1215 magana carta what happened ?
No one is above the law, not even the king
Glorious revolution (1688)
Parliament as the ruling power of england, the bill of rights
Canadian constituions what years and what ?
1967, 1982. All other laws must conform to it, including the CJS. (Cours can restrict, extent, defined parts of the constitution.)
What are the guarantees rights by the constituion ?
The legal rights, like presumed innocence
What is the main goal of the law ?
1: Foundational to enact key values (democracy, freedom)
2: Balance rights and responsibilities (freedom of speech)
3 : Prevents arbitrariness and chaos
4: Carry out social policy
5: Protect individual freedom and equality
What year code of Hammurabi and principles ?
1750 BCE, inequality between individuals (nobles especially), retributive sentences (punishments ++)
What is the main ideas of the moscaic law ?
Ten commandments ( you shall not steal), punishement are resitutive (paying back the victim), egalitarian
What introduced greek and roman law?
Greek : jury to determine guilt or innocence
Roman : Law and decisions, teams of judges instead of lones judges, appearance of lawyers, Justinian’s code (529 CE), compilation of roman law, emphasized equality, basis for civil and criminal law
Canada is a country coming with 2 traditions british and french ?
It is a bijural country
What is common law ?
- Judge-made law
- Origin in circuit judges established under King
Henry II of England (12th century) - Solution to nobleman law that was unfair and
inconsistent - Stare decisis: future decisions based on precedents
- Jurisprudence: All the decisions made by the
courts. Key for consistency of the law. - Hierarchy of courts
- Higher courts rulings carry more weight. Ex.
Supreme Court of Canada rulings - Criminal law follows this tradition in Canada
What is the civil law ?
It is focus on formal and written law.
Civil code first, than preivous judgements for consistency
Code Napoléon 1804
Only in Quebec, it is for private law.
What is public law ?
Sets the rules for the relationship
between the individual and society as a whole.
What is Constitution Law?
- Relations between branches of governance
- Relation between federal and provincial
government - Limits government power
What is criminal law ?
Crime is understood as wrong against society
Deals with crimes and punishement
What is Administrative law ?
Deals with actions and operations of governments like taxes and permits ?
What is private law ? and what does it do ?
Defi. Sets the rules of conduct between
persons (includes businesses and
organisations)
Settles disputes between groups of individuals, compensation for victims. Called civil law. (type of law)
What is the difference between different type of civil laws ?
the legal tradition (Civil Code) and the type of law (law
concerned with matters of private law as
opposed to public law)
What is a criminal law ?
Public law + follows common-law tradition
* Set of laws dealing with conduct considered
harmful to society (source of criminal code etc)
Government prosecuting
The state setting procedures for polices and courts, charter sets out rights protecting citizens in dealing with CJS.
Function of the criminal law ?
Mechanism of social control, determines acceptable behavior, reduces risk of personal retaliation, deterrence
Principles of criminal law ?
Actus Reus, mens rea and concurrence
What is the burden of proof ?
Must be accused guilty beyond reasonable doubt
What is Actus Reus and what are the 3 forms ?
The criminal action
1: Physical action
2 : Omission to act
3: State of being (possesion of drugs)
What is mens rea and what are the 4 forms ?
Necessary state of mind
1: Intention, intend to commit the actus reus
2 : Willful blindness, knows about possibility but chose to not investigate
3 : Criminal negligence, disregard for other well beings, should know the consequences of their actions
4 : Reckless behavior, acting in a manner that we know is dangerous or risky
What is concurrence ?
- Concurrence “requires that intent both precede and be related to the specific prohibited action or inaction”
What are defences and what are the 3 main types ?
Strategies to raise reasonable doubt, role of the defending party (the accused)
Alibis defense
excuse defense,
justification defences : admits to commiting act
What are different excuse defences ?
Age, mental disorder, automatism, mistake of facts or law, involuntary intoxication
What are different justification defences ?
Self-defence, entrapment (police deceive), consent (fight while hockey), duress (acted in involuntary manner, no other way out in response of a threat, necessity (illegal act to prevent more harm), provocation
What are the three types of offences ?
Less serious, indicatable offence and hybrid offences.
How does a lSUMMARY ess serious offences affect the punishement ?
EXEMPLE: Trespassing at night, causing disturbance, public nudity, small theft, falsifying employment record, interference with marine signal, mailing obscene matters
* Tried with judge in provincial court (no jury)
* Maximum penalty is 5000$ and/or 2 years less a day in jail
How does a indicatable offence affect the punishement ?
- More serious
- Murder, piracy, hijacking, intimidating parliament, possession of nuclear material
- Tried in multiple courts (provincial or superior court)
- Maximum penalty is life in prison
How does a hybrid offence affect the punishments ?
Offences can be treated as an indictable or a
summary offence
* Crown attorney chooses how to proceed
* Based on severity, prior record, impact on community
* Many offences
* Assault, assault with weapon, disarming a peace officer, wilful promotion of hatred
