The Criminal Justice System Flashcards
What constitutes a crime
Criminal behavior is ever-changing and it depends on: the views of society, who is in power and the needs of the regime
Where does the Canadian criminal code originate from
It was inherited from English law which came from the Magna Carta. Therefore influenced the Canadian legal system. It helps to form the charter of rights and freedoms which is the primary law of the land and guarantees fundamental freedoms, legal rights and quality rights for all citizens of Canada even those accused of crimes
What is criminal law and where does it come from?
Criminal law is the body of law that deals with conduct that is so harmful to society that it is prohibited by statute, prosecuted and punished by the government it comes from two sources legislation (Parliament), common law (courts).
What is the statute law?
Statute law is a written law that has been elected by legislative body, like the Parliament of Canada.
What is the process of passing a bill?
Criminal law also known as statute law, begins with an idea and go through the process of passing a bill. Start - enacted the bill (idea), pass it through the House of Commons to the independent MP or government MP or the public needs to propose the bill. It goes to the justice department and then the justice minister who introduces the bill. The first reading happens to amend the criminal code (statute law). There is a boat for a second reading done by the committee stage and the most votes wins. Second reading is done to examine the bill and goes back to the house of commons and is debated. The third reading is just about to go to send it and then repeat first second third reading. The governor General or the queen signs
What are the two sections of the Canadian criminal code?
Procedural which is the how-to’s. For example Warrants. And substantial of law which is the everyone who… Example charge/offense
What are the categories of criminal offenses?
One is the summary offense. It is a less serious offense that is tribal before a magistrate or judge and on conviction can carry a max penalty of a fine no greater than $5000 or six months in provincial correctional facility or both. Indictable offences are the more serious crimes that me carry a max prison sentence of 14 years to life. for example murder, robbery and aggravated assault.
A hybrid or elective offense can be proceeded summarily or buy it indictment. This decision is made by crown. Example assault, sexual assault, assault with a deadly weapon. The severity of the offense and its impact on the community is considered.
What are the two key points for a crime?
Mens rea which is the guilty mind. Knowing what you were doing. Actus reus, The commission of an act.
What is thepolice act of BC?
Adequate levels of policing, government/hiring of auxiliary police, RCMP being municipal, police board and complaint process.
What are the levels of policing?
Federal level is RCMP. The framework for the force comes from the RCMP act. Which enforces federal statutes and legislative acts. Their headquarters is in Ottawa, train in Regina, no union and can police at the federal level and under contract for provincial territorial and municipal and international peacekeeping. Concerns; no police boards, no attachment to community, fiscal accountability.
Levels of policing continued
Provincial police; police were rule areas and areas outside municipalities and cities. They enforce provincial laws and criminal code. There are only three provincial police forces in Canada. Example, opp, Newfoundland and Quebec. Municipal police work with them city Ballentree’s and enforce the criminal code provincial or territorial statutes such as the Cdsa. It is the largest body of police in Canada and they are paid by the municipality. Example vic PD.
What are the four key values of police work
Justice which maintains Peace, security, fairness and human rights. Equality for all citizens entitled to feel safe and secure due to police forces. Their accountability is subject to review. Efficiency must be cost-effective.
What are the duties of a police officer
Crime control, order maintenance, crime prevention and service.
How are the police governed?
They are governed by police that which are the frame works for the police force. Policing standards which are provisions to set out how police services are to be maintained and delivered. Police boards and commissions which our bodies that provide oversight of the police.
Where did the police get there powers
Statute law, caselaw, common-law and municipal bylaws. The criminal code of Canada gives them the power to arrest, use force, conduct a search with the warrant, and obtain DNa
Who’s the top cop?
Solicitor General
When is the warrant required
Secret recording of the state agent conversations, cases utilizing video surveillance, for perimeter searches of residential premises, before tracking devices are installed to monitor people.
Who has the power to arrest?
Powers granted by the criminal code federal statutes provincial legislation such as motor vehicle statutes. And arrest may be made to prevent a crime to being committed to terminate a breach of peace, or to compel an accused person to attend trial.
What is an arrest warrant and how do you obtain one
An arrest warrant is the document the permits A police officer to arrest a specific person for specified reason. An arrest warrant is obtained by swearing information to a Justice of the peace. This is issued if the justice of the peace agrees there is a reasonable grounds to believe that it is necessary in the public interest. Most arrests are indictable offenses.
What is the search warrant?
It allows police to search a specific location and take items that are evidence of a crime
What are the requirements for a reasonable search?
Authorized by law, itself must be reasonable, manner in which search is conducted must be reasonable
When is a search without a warrant allowed?
Self protection, prevent destruction of evidence, means of escape, in an emergency where an officer believes and offense is being, or is likely to be committed. Someone in the area is in danger of injury so the premise must be entered.
When can the citizen make an arrest?
When an indictable offense is being committed or when someone is being chased by a lawful authority. You must read them their charter of rights and freedoms and then turn them over to a peace officer ASAP.
