Module 3 Flashcards
Define Criminal Law
A branch of law that deals with crimes and their punishment
What is Substantive Law?
A body of laws that govern the rights and obligations of members of society
What is Procedural Law?
How the CJS reacts to Criminal Law; rules to Procedural Justice
What are the sources of law in Canada?
Common Law, Statue Law, Case Law, Administrative Regulations, & Constitution
What is the “Rule of Law”?
A principle the legal system is governed by
What’s the actus reus?
Actual commission of the act
What’s the mens rea?
Intent to commit the crime
List 2 possible criminal defences
Denying Actus Reus (wrongly accused, did not happen); Denying Mens Rea (did not have criminal intent); Mistake of fact; Ignorance of law; Criminal insanity; Intoxication; Self-Defence; Entrapment
Name 3 differences in Criminal Law vs Civil Law
Who is the Prosecutor (i.e: State/Wronged Person); Standard of Proof; Financial Compensation in Civil Law
What does Criminal Law do?
Provide social control; maintain order in society; control people’s behaviour; discourage personal revenge; expression of public opinion/morality; deter criminal; behaviour
What are some philosophies surrounding crime control?”
Value Consensus & Conflict
Why do laws change?
Behaviour become criminalizes/de-criminalizes in order to keep up with societal changes
How do laws change?
Adding or deleting them
What’s the legal definition of crime?
(Generally) an “intentional” act- commission/omission- that violates a law forbidding or commanding that act and which has a punishment attached to the act
