The Foundations of Criminal Justice Flashcards
What is the Criminal Justice System?
The Criminal Justice System (CJS) is an integral and high-profile, component of Canadian society
What is a Crime?
A crime is an act or omission that is prohibited by criminal law
What are the two ingredients of crime?
- Actus Reus: the commission of an act
- Mens Rea: the mental intent to commit the act
What is the social construction of crime?
- 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
What is deviance or deviant behavior?
Deviance or deviant behavior is behavior that is contrary to the norms and values of the larger society
Why do Criminologists conduct historical analyses?
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
Who are Moral Entrepreneurs?
Individuals, groups, or organizations who seek action against certain groups of people or certain behaviors and bring pressure on legislators to enact criminal statutes
What is the Value consensus model?
The view that what behaviors are defined as criminal and the punishment imposed on offenders reflect commonly held opinions and limits of tolerance
What is the Conflict model?
The view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law
The Canadian Legal System: Common Law
Law that is based on custom, tradition, and practice and is generally unwritten
The Canadian Legal System: Statute Law
Written laws that have been enacted by a legislative body, such as the Parliament of Canada
The Canadian Legal System: Case Law
Law that is established by previous court decisions and based on the rule of precedent
Precedent
A judicial decision that may be used as a standard in subsequent similar cases
Stare decisis
The principle by which the higher courts set precedents that the lower courts must follow
Criminal Law
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
What are the Functions of Criminal Law?
- 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
The Sources of Criminal Law
In Canada, there are two primary sources of criminal law: legislation (makes the law) and judicial (upholds the law) decisions
Five Principles of Canadian Law
- An act does not make a person guilty unless he or she has a guilty mind
- no crime without law, no punishment without a law (the rules cannot be changed in the middle of the game)
- ignorance of the law is no excuse
- no one is compelled to incriminate himself
- no one should be twice troubled by the same cause
The Rule of Law
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
What are the four fundamental freedoms given to all Canadian citizens?
- 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
Criminal Code of Canada (1892)
Federal legislation that sets out criminal laws, procedures for prosecuting federal offenses, and sentences and procedures for the administration of justice
Criminal Law
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
Beyond a Reasonable Doubt
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
Civil (Tort) Law
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
