The Foundations of Criminal Justice

Question 1

What is the Criminal Justice System?

Answer 1

The Criminal Justice System (CJS) is an integral and high-profile, component of Canadian society

Question 2

What is a Crime?

Answer 2

A crime is an act or omission that is prohibited by criminal law

Question 3

What are the two ingredients of crime?

Answer 3

1. Actus Reus: the commission of an act
2. Mens Rea: the mental intent to commit the act

Question 4

What is the social construction of crime?

Answer 4

• A key concept that assists in understanding what is, or is not a crime.
• The social construction of crime is the belief that the legal status of behaviors is not determined by the behavior itself, but is the result of the social response to the behavior

Question 5

What is deviance or deviant behavior?

Answer 5

Deviance or deviant behavior is behavior that is contrary to the norms and values of the larger society

Question 6

Why do Criminologists conduct historical analyses?

Answer 6

To understand:
1. the factors involved in the definition of behaviors as criminal
2. an increase or decrease in the severity of the criminal law
3. the response of the criminal justice system
4. the factors that influenced the repeal of criminal law, resulting in the decriminalization of certain behaviors

Question 7

Who are Moral Entrepreneurs?

Answer 7

Individuals, groups, or organizations who seek action against certain groups of people or certain behaviors and bring pressure on legislators to enact criminal statutes

Question 8

What is the Value consensus model?

Answer 8

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

Question 9

What is the Conflict model?

Answer 9

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

Question 10

The Canadian Legal System: Common Law

Answer 10

Law that is based on custom, tradition, and practice and is generally unwritten

Question 11

The Canadian Legal System: Statute Law

Answer 11

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

Question 12

The Canadian Legal System: Case Law

Answer 12

Law that is established by previous court decisions and based on the rule of precedent

Question 13

Precedent

Answer 13

A judicial decision that may be used as a standard in subsequent similar cases

Question 14

Stare decisis

Answer 14

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

Question 15

Criminal Law

Answer 15

The body of law that deals with conduct considered so harmful to society as a whole that is prohibited by statute, and prosecuted and punished by the government

Question 16

What are the Functions of Criminal Law?

Answer 16

• acts as a mechanism of social control
• maintains order
• defines the parameters of acceptable behavior
• reduces the risk of personal retaliation
• assists in general and specific deterrence
• prosecutes criminalized behavior
• protects group interests

Question 17

The Sources of Criminal Law

Answer 17

In Canada, there are two primary sources of criminal law: legislation (makes the law) and judicial (upholds the law) decisions

Question 18

Five Principles of Canadian Law

Answer 18

1. An act does not make a person guilty unless he or she has a guilty mind
2. no crime without law, no punishment without a law (the rules cannot be changed in the middle of the game)
3. ignorance of the law is no excuse
4. no one is compelled to incriminate himself
5. no one should be twice troubled by the same cause

Question 19

The Rule of Law

Answer 19

Accountability: Government, individuals, and private entities are accountable under the law
Public and Clear: Laws are clear, publicized, stable, just, applied evenly, and protect fundamental rights.
Fair and Efficient: Processes for enacting, administering, and enforcing laws are fair and efficient
Timely and Ethical: Justice is delivered in a timely fashion by competent ethical, independent, well-resourced, and neutral representatives

Question 20

What are the four fundamental freedoms given to all Canadian citizens?

Answer 20

• freedom of conscience and religion
• freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication
• freedom of peaceful assembly
• freedom of association

Question 21

Criminal Code of Canada (1892)

Answer 21

Federal legislation that sets out criminal laws, procedures for prosecuting federal offenses, and sentences and procedures for the administration of justice

Question 22

Criminal Law

Answer 22

Category: Public law
Subject: Criminal offenders liable for wrongdoing
Responsibility: Government assumes responsibility for prosecution and punishment
Standard of Proof: Guilt beyond a reasonable doubt

Question 23

Beyond a Reasonable Doubt

Answer 23

The standard that mmust be met to convict a defendant in a criminal case, which requires that the facts presented provide the only logical explanation for the crime

Question 24

Civil (Tort) Law

Answer 24

Category: Private law
Subject: Private disputes
Responsibility: Disputes between individuals, where the “loser” may be required to pay damages
Standard of Proof: Balance of probabilities