Unit 3: International Law and Dispute Resolution Flashcards

1
Q

what is actus reas?

A
  • the prohibited act

- physical component to criminal conduct

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2
Q

what is mens rea?

A
  • the guilty mind

- the mental component to a crime/intent

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3
Q

what is absolute liability?

A

-the accused aren’t given the opportunity to prove reasonable care was taken

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4
Q

what is strict liability?

A

-guilt is based on the accused’s ability to prove duty diligence/reasonable care to avoid committing the offence

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5
Q

what is criminology?

A
  • the study of the nature, causes and means of dealing with a crime
  • theories include a variety of ideas from sociology/psychology
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6
Q

who were the 2 famous theorists in criminology? (late 18th-19th cen)

A
  • Beccaria

- Bentham

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7
Q

what was Beccaria’s theory?

A

-humans are driven by self-interest but would rational in their actions by weighing all possible consequences

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8
Q

what was Bentham’s theory?

A
  • believed that law should ensure the greatest good for the greatest #
  • gov’t should determine what behaviours were criminal
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9
Q

what did both Beccaria and Bentham both believe?

A

-the gov’t could control crime by creating laws and swiftly punishing when broken

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10
Q

What is positivism? (late 19th cen)

A

-focused on biology and psychological factors to explain criminal behaviour

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11
Q

who was positivism’s best known theorist?

A

Cesare Lambroso

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12
Q

what did Cesare Lambroso believe?

A
  • serious offenders had inhereted criminal traits

- they were born criminal

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13
Q

what did positivists in the 60s believe about criminals?

A

-criminal behaviour’s connected to chromosomal abnormalities

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14
Q

what did positivists in the 60s believe about criminals?

A

-criminal behaviour’s connected to chromosomal abnormalities

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15
Q

what is the sociological perspective?

A

-considered the external/physical influences as major contributors to criminal behaviour

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16
Q

what are the three theories of the sociological perspective?

A
  • theory of anomie
  • ecological school
  • consensus theory
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17
Q

what are the three theories of the sociological perspective?

A
  • theory of anomie
  • ecological school
  • consensus theory
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18
Q

what is the theory of anomie?

A
  • the shift from rural to urban caused a shift of tradition, causing them to weaken
  • an indv’ls anonymity in urban society means they turn to crime
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19
Q

true or false:

traditional society made it harder to commit crimes b/c everyone would know

A

true

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20
Q

summarize what the ecological school of sociological perspective is

A

criminal behaviour was fostered and encouraged in certain environments

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21
Q

what did the ecological school’s study find?

A

poor/transient neighbourhoods were more likely to condone criminal activity

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22
Q

what is the social conflict theory?

A
  • argued that a capitalist society that encourages competition for resources means crime is inevitable
  • the justice system protects those w/money and power than poor ppl
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23
Q

what is the consensus theory?

A
  • there’s a universal definition of right/wrong
  • criminal law prohibits behaviours that society has agreed are harmful and these collective prohibitive acts apply to all classes of ppl
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24
Q

what is strain theory?

A
  • ppl commit crimes b/c they think they can’t achieve the their desires and goals
  • unfair econ. structures makes ppl. turn to crime for compensation
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25
what is the socialization theory?
-suggests that the key influences of criminal behaviour are found in upbringing, peers and role models
26
what are the contemporary theories?
- strain theory - socialization theory - social conflict theory (again) - biological trait theory - neurophysiological theory
27
true or false: | extensive research in biology and genetics caused positivism to be revisited
true
28
summarize biological trait theory
-human traits like intelligence, genetic makeup and personality might cause certain indv'ls to engage in crime
29
what has bio-chemical research suggest factors in to criminal behaviour
-poor diet, hormones and prenatal exposure
30
what is an indictable offence?
- a felony that leads to over 2 years in prison | - ie. murder
31
what is a summary offence?
- a petty crime that leads to either a fine or max. 2 yrs. | - ie. stealing
32
what is a hybrid offence?
-those who commit assault is guilty of an indictable offence and liable to imprisonment under 5 yrs; or an offence punishable on summary conviction
33
what is a negative defence?
-raises a reasonable doubt about whether an accused committed the actus reus of an offence/had the necessary mens rea to support a conviction
34
what is an affirmative defence?
-admits that the crown has est. the elements of the offence but claims that the accused's criminal act was justified in the circumstances
35
what are some negative defences?
- mistake of fact - mental disorder - automatism - intoxication
36
what are some affirmative defences?
- self-defence | - compulsion (duress)
37
what are the 6 purposes of sentencing?
- to denounce unlawful conduct - to deter the offender and others - to separate offenders from society - to assist in rehabilitating offenders - to provide reparations for harm done - to promote responsibility for actions
38
true or false: | the last two purposes/objective of sentencing had guided justice for decades even though they had not been codified
false: the first four are
39
what is the purpose of restorative justice?
-asks victims, offenders and the community to take part in resolving the conflict & in dealing with any harm done
40
what are the 3 principles of restorative justice?
- crime violates a relt'p among victims, offenders and community - responses to crime should encourage an active participation of victim, offender and community - a consensus approach is the most effective response
41
what are some examples of restorative justice?
- victim-offender mediation - family group conferencing - victim-offender panels - aboriginal sentencing circles
42
define the term aggravating factors
-factors that intensify the sentence of an indv'l
43
define the term mitigating factors
-factors that lessen the sentence of an indv'l
44
what are some aggravating factors?
- specific factors that equal harsher punishment - violence/weapons - previous conviction - excessive cruelty to victims - multiple victims/crimes - vulnerability of the victim
45
what are some mitigating factors?
- specific factors that lessen punishment - no previous convictions - physical/mental illness - age - provoked/duress - evidence of restitution - genuine remorse
46
what is a wrongful conviction?
-a wrongful conviction is the result of an innocent person being convicted and is a double failure: innocent is convicted, guilty is free
47
what are the 10 warning signs leading to wrongful conviction?
- perjury/jailhouse informants - systematic bias - misinterpretation of demeanour evidence - police tunnel vision - prosecutorial tunnel vision - misleading circumstances - ineffective defence counsel - inadequate resources - judicial bias
48
what is a general intent offence?
- the only intent required relates to the performance of the act in question, w/no further ulterior intent - ie. just punching someone randomly
49
what is a specific intent offence?
- the actus reus is coupled w/an intent that goes beyond doing the act - planning to punch a specific person
50
what do people who are wrongfully convicted get for compensation?
- money | - a commission
51
true or false: the increase of crime misrepresents the actual crime rate in Canada b/c more are being recorded by politicians, media and researchers
true
52
explain what a moral crime is
-an immoral act that does not necessarily harm anyone but is deemed bad in society
53
what is the natural law stance on moral crime?
-punishing immoral conduct b/c they violate the fundamental moral order of the universe
54
what is the positive law stance on moral crime?
-moral law is utilitarian and est. order to keep the majority happy
55
what are the 7 principles of justice?
- fairness - efficiency - clarity - restraint - accountability - participation - protection
56
define pacta sunt servanda
-each state is obligated to keep int'l promises made through treaties
57
what is a treaty?
-a formal agreement b/t two or more states that sets out mutual legal rights and obligations
58
what is collective security?
-the uniting of indv'l states against an aggressor state in order to maintain peace and security
59
what is extradition
-the legal surrender of a fugitive to the jurisdiction of another state to face trial
60
explain diplomatic immunity
-special rights/privileges given to diplomats visiting other nations from physical harm, civil litigation or criminal proceedings
61
what is the purpose of the int'l criminal court?
-looks at serious criminal offences in member states
62
what are the 5 permanent member states in the security council?
- UK - USA - Russia - France - China
63
how many seats are in the security council? how are the other seats appointed (minus the permanent ones)?
-there are 10 other seats that are elected every two years
64
what is the purpose of the general assembly?
-each member state has one vote during weekly meetings about emergencies
65
who is the current secretariat general?
Antonio Guterres of Portugal
66
explain sovereignty
-a country's right to say no to int'l help and have complete control over their gov't people, and territory
67
what is interpol?
-interpol is the inter-gov't organization facilitating int'l police operation
68
what factor makes it difficult for int'l intervention?
-sovereignty
69
what two int'l organizations exist to deal with criminal activity?
- Interpol | - UN
70
why is diplomatic immunity necessary?
-it ensures cooperation among states and maintains good relationships so that no representative can be in trouble
71
when is it necessary to use force to resolve int'l conflict?
-it can be used for collective security, self-defence or for the self-determination of peoples
72
what are the 6 branches of the UN?
- general assembly - security council - secretariat - economic and social council - trusteeship council - int'l court of justice
73
explain the int'l court of justice's role
-works independently from the UN -the legal organ of the UN the general assembly elects the judges -settles disputes among member states
74
which branch of the UN holds the most power?
-security council because it's set up of the 5 permanent nations that hold veto power
75
under what grounds can a country ask for extradition?
- nationality - political offenders - principle of non bis in idem (a fugitive already sentenced and released) - the death penalty