Textbook

Question 1

A crime occurs when a person…

Answer 1

1. Commits an act or fails to commit an act when under legal responsibility to do so. 2. Has the intent or mens rea to commit the act 3. Does not have a legal defence or justification for committing the act. 4. Violates a provision in criminal law.

Question 2

What is the value consensus model?

Answer 2

The view that what behaviours are defined as criminal and the punishment imposed on offenders reflect commonly held opinions and limits of tolerance.

Question 3

What is the conflict model?

Answer 3

The view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law.

Question 4

What is the main difference between a common law and civil law court?

Answer 4

Common law- Judges are guided by past decisions

Civil- Judges refer to a list of codes, and then to previous courts decisions.

Question 5

What is stare decisis?

Answer 5

Principle by which higher courts set precedents that the lower courts must follow.

Question 6

What are some principles of Canadian law?

Answer 6

• Criminal intent is what makes someone guilty
• Laws cannot be applied retroactively
• Ignorance of the law is no excuse
• Right to remain silent
• Alleged offender cannot be tried for the same thing twice (under most circumstances).

Question 7

What is the key difference between civil and criminal law?

Answer 7

Criminal- prosecutor must prove the defendant is guilty “beyond a reasonable doubt.”
Civil- Liability is determined using the standard of “the balance of probabilities.”

Question 8

What is the purpose of the criminal justice system?

Answer 8

To prevent and respond to criminal behaviour while ensuring that rights of victims and offenders are respected and that justice is achieved, and that communities are safe and secure.

Question 9

What is the task environment?

Answer 9

The cultural, geographic, and community setting in which the criminal justice system operates, and in which criminal justice personnel make decisions.

Question 10

Where are the highest rates of Canada’s violent crimes?

Answer 10

The north

Question 11

What does it mean that the criminal justice system is a human, rather than scientific, enterprise?

Answer 11

Decisions are based upon professional judgement and expertise, and not on scientific formulas, which can cause ethical dilemmas.

Question 12

What do Canadians place high value on in the criminal justice system?

Answer 12

On the system not convicting innocent persons and on the system having clear rules and guidelines.

Question 13

What are some ways that the effectiveness of the criminal justice system is assessed?

Answer 13

• Public confidence and trust in the system
• The ability of the system to prevent and respond to crime
• The extent to which the system addresses the needs of crime victims and their families
• Whether or not the system is successful at addressing the needs of persons who come into conflict with the law, while at the same time managing the risk they present to the community.
• Effectiveness of specific policies and programs
• Adherence to Charter of Rights
• Extent to which persons are treated fairly under the law.

Question 14

Which province ranks their criminal justice system the highest and which ranks it the lowest?

Answer 14

Highest- PEI. Lowest- Yukon

Question 15

What are some things that guarantee that the CJS is a deterrent to crime?

Answer 15

1) Awareness of legal sanctions that will be applied if they engage in certain behaviours.
2) Certainty of punishment
3) Swiftness of sanction.

Question 16

What is restorative justice?

Answer 16

Problem-solving approach to responding to offenders based on the principle that criminal behaviour injures victims, communities, and offenders, and that all of these parties should be involved in efforts to address the causes of the behaviour and its consequences. Can be inserted at anytime in the process of the CJS.

Question 17

How have hate crimes increased in Canada?

Answer 17

Hate crimes towards Muslims- Increased 61% in 2015

Hate crimes towards sexual orientation- Increased 59% in 2015.

Question 18

What is racialized persons?

Answer 18

Persons, other than indigenous people, who are non-caucasian in race or non-white in colour.

Question 19

What is racialization?

Answer 19

The process by which societies construct races as real, different, and unequal in ways that matter to economic, political, and social life.

Question 20

What is racial profiling?

Answer 20

Any action undertaken for reasons of safety, security, or public protection that relies on stereotypes about race, colour, ethnicity etc.

Question 21

When did Canadian women get the legal status as “persons?”

Answer 21

1929.

Question 22

What is the most common crime committed against women?

Answer 22

Assault. Women represent nearly 90% of all sexual assault victims.

Question 23

How much more do indigenous people report experiencing violent victimization than non-indigenous people?

Answer 23

More than double.

Question 24

How are indigenous women represented unfairly?

Answer 24

• More likely to be affected by all types of violent victimization
• Homicide rate nearly 6 times higher
• Higher rates of spousal violence
• Young women particularly at risk of sexual assault.

Question 25

In what province is discrimination against muslims particularly high?

Answer 25

Quebec

Question 26

What is the Black Experience Project?

Answer 26

Focuses on challenges and opportunities in the Black community in the greater Toronto area. Issues being addressed include education, physical and mental health, employment, and community safety.

Question 27

What is re-victimization?

Answer 27

The negative impact on victims of crime caused by the decisions and actions of criminal justice personnel.