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Sociology 227 - Canadian Criminal Justice > Part 1 > Flashcards

Part 1 Flashcards

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Sociology 101 flashcards
1
Q

3 main pillars of criminal justice

A
  1. corrections
  2. courts
  3. police
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2
Q

define Canadian justice system

A
  • system of actors and agencies
  • prevention of crime
  • response to crime
  • justice is served and respect to offenders and victims
  • definitions are subjective because every person’s reality is different
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3
Q

purpose of the CCJS

A
  • prevent crimes
  • respond to crimes
  • ensure safety and protection
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4
Q

define crime

A
  • an act or omission that is prohibited by criminal law
  • made up of 2 parts:
    1. actus reas
    2. mens rea
  • the defintion of crime can change
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5
Q

actus reas

A

commission of an act

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6
Q

mens rea

A

mental intent to commit the act

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7
Q

constructionist perspective (berger and luckmann)

A
  • our social world is constantly being constructed and interpreted
  • all meaning and societal norms are social created
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8
Q

social construction of crime and deviance

A

this is a process by which same behaviour may be considered criminal in one society and an act of honour in another society or in the same society at a different time

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9
Q

deviance

A

not adhering to social norms but not breaking the law

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10
Q

value consensus model

A
  • value of the crimes being committed that certain behaviours are criminal law and punishments are imposed and reflect our limited tolerance
  • reflects the values of our society
  • this can be problematic because the values of society can be subjective and can change
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11
Q

conflict model

A
  • reflections of those in power and their effect of laws
  • political and economic systems in place that dictate law and criminal law
  • conflict theorists see the rich and privileged as having an advantage in influencing law reform and in what happens to persons who become involved in the criminal justice system
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12
Q

criminal law

A
  • the body of law that deals with conduct deemed harmful to society, prohibited by statute, and punished by the government
  • 2 primary sources:
    1. legislation
    2. judicial decisions
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13
Q

substantive law

A

law that sets out the rights and obligations of each person in society; includes the Criminal Code

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14
Q

procedural law

A

the legal processes that protect and enforce the rights set out in substantive law

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15
Q

common law

A

law that is based on customs, tradition and practice and is generally unwritten

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16
Q

precedent

A
  • judicial decisions that may be a standard in similar cases thereafter
  • judges and courts have a lot of discretion
17
Q

rule of law

A
  • requirement that the government and all individuals subjected to and must abide by the law
  • white collar crime does not necessarily follow rule of law
18
Q

stare decisis

A

principle by which the higher courts set precedents that the lower courts must follow

19
Q

statute law

A

written laws that have been enacted by a legislative body such as the Parliament of Canada

20
Q

case law

A

law that is established by previous court decisons and is based upon the rule of precedent

21
Q

2 main legislations of the CCJS

A
  1. to protect (canadian charter of rights and freedoms)
  2. to punish (the criminal code of canada)
22
Q

roles at the federal level

A
  • determines what is a criminal offence
  • responsible for the criminal code
23
Q

role at the provincial/territorial level

A
  • administers the justice system
  • responsible for law enforcement
24
Q

justice

A
  • quality of fairness
  • equitable outcomes
  • open to interpretations
  • abstract
25
Q

law

A
  • set of formal rules
  • establishes orders
  • concrete
26
Q

the adversarial system

A
  • both the prosecution and defence get to present their cases as a way to determine guilt or innocence
  • our current system in Canada
  • involve crime control, due process, burden of proof
27
Q

crime control

A

protection of community and apprehension of offenders are paramount

28
Q

due process

A

legal rights of all members of society held in high regard

29
Q

retributive justice

A
  • less concerned with mending to community and alternative forms of justice
  • there is a crime, and there is an offender and a punishment must be determined
30
Q

restorative justice

A
  • problem solving approach/response to crime
  • responding to offenders based on the principle that criminal behvaior injures victims, communities and offenders
  • all parties come together to devise a solution to the problem
  • mediation and transformative justice
31
Q

transformative justice

A

looking at systems at work before the outcomes of offenders

32
Q

measuring crime

A
  • uniform crime reporting survey
  • crime severity index
  • general social survey (GSS)
33
Q

dynamics and values of the CCJS

A
  • discretion
  • ethics
  • task environment
  • accountability
34
Q

discretion

A

the power or right to decide or act according to one’s own judgment

35
Q

task environment

A

cultural, geographic and communnity setting in which the criminal justice system operates and justice personell make decisions

36
Q

ethics

A

foundation of knowledge that describes right/wrong or better/worse and applies to harm/care and fairness/reciprocity

Sociology 227 - Canadian Criminal Justice (5 decks)

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