Test 1 Flashcards
What is crime?
Has many different definitions however generally is a social construction that classifies some deviant activity that is against the criminal law.
What are some factors in the definition of crime?
- level of harm
- social construction of harm
- direct and indirect harm
- commission of an act
- mental intent to commit the act
What is actus reas?
commission of an act
What is mens rea?
The mental intent to commit the act.
What is the legal construction of crime?
A crime occurs when a person commits a violation of criminal law, actus reas and mens rea, and does not have a legal defence or justification for committing the act.
What are moral entrepreneurs and examples?
Individuals, groups, or organizations who seek actions against certain groups of people or certain behaviours and bring pressure on legislators to enact criminal status. Example: MADD, prohibitions against alcohol
What is a bijoural system? Does Canada have one?
Coexistence of two legal systems in one nation.
What is Common law? Where is it practiced?
Law based on customs, tradition and practice and is generally unwritten. It is practiced in all of Canada except for Quebec.
What is civil law and where is it practiced?
Civil law is based on a set of written and codified laws. Practiced in Quebec.
What is precedent?
Judicial decision that may be used as a standard in subsequent similar cases.
What are the two primary sources of criminal law?
Legislation and Judicial decisions.
What is vertical precedent?
The top courts are going to set the standard and then the lower courts are legally mandatory to follow.
What are some examples of legislation that set precedents?
Criminal code, anti-terrorism act, Controlled drug substances act…
What kind of Legal System is Implemented in Canada, and what are the two systems called
Bijoural System
common law
civil law (Only in Quebec)
What is the essence of the rule of the law?
- no one person is above the law
- all persons are bound by the law
- all are entitled to protection by the law
- the law should be observed and enforced equally
- there is a standard to which criminal justice officials must adhere and will be held accountable
What is Common Law based on?
Based on customs, traditions, and practices and is generally unwritten
What is agreed upon in the social contract between society and the law?
People give up some rights and freedoms in order to be protected by the government on your remaining rights and freedoms.
What does Precedent mean?
it is a judicial decision that may be used as a standard in making subsequent decisions in similar cases
What is the federal criminal code of canada?
Federal legislation that sets out criminal laws, procedures for prosecuting federal offences and sentences and procedures for the administration of justice.
What are the two primary sources of criminal law?
legislation and judicial decisions
What is Stare Decisis?
The principle whereby higher courts set precedents that lower courts must follow
When was the first complete criminal code produced? Under who’s leadership?
1892, Sir John Thompson
What is the difference between jail and prison?
Jail is for those who have sentences shorter than 2 years and are provincially run.
Prison is for those with sentences 2 years or longer and is federally run.
What is the Magna Carta?
The first piece of legislation that say all people are subject to the law
What is the most overriding hierarchal law?
Constitution act of 1867, and the charter was added in 1982.
What is Social Contract?
The idea that you give up some of your rights and freedoms in order to to be protected by the government on your remaining rights and freedoms
When was the Criminal Code first produced?
1892
What does the Criminal Code entail?
sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice
Does the criminal code change?
yes
What are Zombie laws?
Laws that are included in the criminal code still, but people are not arrested or prosecuted for them anymore.
What is substantive law?
law that sets out the rights and obligations of each person in society (criminal code, the charter of rights and freedoms)
What is procedural law?
the legal process that protect and enforce the rights set out in substantive law (almost always precedent)
Is the criminal code above the constitution and the charter?
no it is not, every law that is passed, needs to comply by the constitution and the charter, or else they are not passed
What is Discretion?
the freedom to choose between different options when confronted with the need to make a decision
Why is discretion in the legal system bad?
Because it can lead to legal personnel making decisions based on stereotypes. leads to inconsistency in how laws are applied
Regarding the Ted tack video we watched in class, what issues come with being a prosecutor?
a lot of the times they are having to make life changing decisions very fast, and tend to be unaware and untrained on the consequences of their decisions. They have little appreciation for the decisions they make and the effects they will have
Why does the criminal justice system need public confidence and trust to be effective?
People who do not believe in the authorities abilities to do their jobs are less likely to comply and listen. When people are not confident in the Criminal Justice system, it also causes fear amongst people
What is the task environment?
the cultural, geographic, and community setting in which the criminal justice personnel make decisions
Referring to Accountability in the Criminal Justice System: What was the Jane Doe vs. Toronto (Metropolitan) case about?
the failure of police eto notify women of a serial rapist in their neighbourhood, lead to women being victimized. Jane Doe won the case.
What kind of crime gets the most media coverage and why? what does it lead people to think?
violent crimes gets the most media coverage, and it leads people to believe that violent crimes happen a lot more frequently than they do.
How is crime portrayed in media like tv shows and movies?
it is oversimplified and biased towards sensational crimes, and simplify crime and justice issues
What are the consequences of Unmet expectations?
crime–> dependence on the police and the justice system–> expectations of safety being delivered–> expectation not met–> clamour for more justice and interventions, including tougher sentencing–> fear persists—> cycles repeats
Why would people be more willing to accept surveillance and restrictions of freedom?
they are afraid
How do we condition children to be afraid of the wrong thing?
We condition children to be afraid of strangers, when really it is far more likely you will get hurt, kidnapped, or assaulted by somebody you know, and even by family
What is the Just World Hypothesis?
belief that there is order to the universe, we create systems of meaning to follow, beliefs that good things happen to good people and bad things happen to bad people
What are some of the ways the effectiveness of the Criminal Justice system can be assessed?
- public confidence and trust in the system
- the ability of the system to prevent and respond to cirme
- the extent to which the system addresses the needs of crime victims and their families
- the effectiveness of specific policies and programs, as measured by evaluation studies
- adherence of the system to the rule of law and the Charter
- the extent to which the system treats all persons fairly under the law, without prejudice or discrimination
What conditions must be present in order for the criminal law to act as a detterent?
- people must be aware that there are legal sanctions that will be applied if they engage in certain behaviours
- there must be certainty of punishment
- the sanction must be applied swiftly when a crime is committed
What is a major inequality in Canadian society
Income inequality
What percent of the population earns 39.1% of the income in Canada?
1%
How much does gender inequality in the workplace cost Canada every year?
150 billion
How much does a working full-time earning women make comapred to a man
74.2 cents for every dollar a man makes
what is Racialization?
the process by which societies construct races as real, different, and unequal in ways that matter to economic, political, and social life