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Cnd. & Int'l Law > Unit 3: International Law and Dispute Resolution > Flashcards

Unit 3: International Law and Dispute Resolution Flashcards

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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
Q

what is the socialization theory?

A

-suggests that the key influences of criminal behaviour are found in upbringing, peers and role models

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26
Q

what are the contemporary theories?

A
  • strain theory
  • socialization theory
  • social conflict theory (again)
  • biological trait theory
  • neurophysiological theory
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27
Q

true or false:

extensive research in biology and genetics caused positivism to be revisited

A

true

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28
Q

summarize biological trait theory

A

-human traits like intelligence, genetic makeup and personality might cause certain indv’ls to engage in crime

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29
Q

what has bio-chemical research suggest factors in to criminal behaviour

A

-poor diet, hormones and prenatal exposure

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30
Q

what is an indictable offence?

A
  • a felony that leads to over 2 years in prison

- ie. murder

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31
Q

what is a summary offence?

A
  • a petty crime that leads to either a fine or max. 2 yrs.

- ie. stealing

32
Q

what is a hybrid offence?

A

-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
Q

what is a negative defence?

A

-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
Q

what is an affirmative defence?

A

-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
Q

what are some negative defences?

A
  • mistake of fact
  • mental disorder
  • automatism
  • intoxication
36
Q

what are some affirmative defences?

A
  • self-defence

- compulsion (duress)

37
Q

what are the 6 purposes of sentencing?

A
  • 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
Q

true or false:

the last two purposes/objective of sentencing had guided justice for decades even though they had not been codified

A

false: the first four are

39
Q

what is the purpose of restorative justice?

A

-asks victims, offenders and the community to take part in resolving the conflict & in dealing with any harm done

40
Q

what are the 3 principles of restorative justice?

A
  • 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
Q

what are some examples of restorative justice?

A
  • victim-offender mediation
  • family group conferencing
  • victim-offender panels
  • aboriginal sentencing circles
42
Q

define the term aggravating factors

A

-factors that intensify the sentence of an indv’l

43
Q

define the term mitigating factors

A

-factors that lessen the sentence of an indv’l

44
Q

what are some aggravating factors?

A
  • specific factors that equal harsher punishment
  • violence/weapons
  • previous conviction
  • excessive cruelty to victims
  • multiple victims/crimes
  • vulnerability of the victim
45
Q

what are some mitigating factors?

A
  • specific factors that lessen punishment
  • no previous convictions
  • physical/mental illness
  • age
  • provoked/duress
  • evidence of restitution
  • genuine remorse
46
Q

what is a wrongful conviction?

A

-a wrongful conviction is the result of an innocent person being convicted and is a double failure: innocent is convicted, guilty is free

47
Q

what are the 10 warning signs leading to wrongful conviction?

A
  • 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
Q

what is a general intent offence?

A
  • the only intent required relates to the performance of the act in question, w/no further ulterior intent
  • ie. just punching someone randomly
49
Q

what is a specific intent offence?

A
  • the actus reus is coupled w/an intent that goes beyond doing the act
  • planning to punch a specific person
50
Q

what do people who are wrongfully convicted get for compensation?

A
  • money

- a commission

51
Q

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

A

true

52
Q

explain what a moral crime is

A

-an immoral act that does not necessarily harm anyone but is deemed bad in society

53
Q

what is the natural law stance on moral crime?

A

-punishing immoral conduct b/c they violate the fundamental moral order of the universe

54
Q

what is the positive law stance on moral crime?

A

-moral law is utilitarian and est. order to keep the majority happy

55
Q

what are the 7 principles of justice?

A
  • fairness
  • efficiency
  • clarity
  • restraint
  • accountability
  • participation
  • protection
56
Q

define pacta sunt servanda

A

-each state is obligated to keep int’l promises made through treaties

57
Q

what is a treaty?

A

-a formal agreement b/t two or more states that sets out mutual legal rights and obligations

58
Q

what is collective security?

A

-the uniting of indv’l states against an aggressor state in order to maintain peace and security

59
Q

what is extradition

A

-the legal surrender of a fugitive to the jurisdiction of another state to face trial

60
Q

explain diplomatic immunity

A

-special rights/privileges given to diplomats visiting other nations from physical harm, civil litigation or criminal proceedings

61
Q

what is the purpose of the int’l criminal court?

A

-looks at serious criminal offences in member states

62
Q

what are the 5 permanent member states in the security council?

A
  • UK
  • USA
  • Russia
  • France
  • China
63
Q

how many seats are in the security council? how are the other seats appointed (minus the permanent ones)?

A

-there are 10 other seats that are elected every two years

64
Q

what is the purpose of the general assembly?

A

-each member state has one vote during weekly meetings about emergencies

65
Q

who is the current secretariat general?

A

Antonio Guterres of Portugal

66
Q

explain sovereignty

A

-a country’s right to say no to int’l help and have complete control over their gov’t people, and territory

67
Q

what is interpol?

A

-interpol is the inter-gov’t organization facilitating int’l police operation

68
Q

what factor makes it difficult for int’l intervention?

A

-sovereignty

69
Q

what two int’l organizations exist to deal with criminal activity?

A
  • Interpol

- UN

70
Q

why is diplomatic immunity necessary?

A

-it ensures cooperation among states and maintains good relationships so that no representative can be in trouble

71
Q

when is it necessary to use force to resolve int’l conflict?

A

-it can be used for collective security, self-defence or for the self-determination of peoples

72
Q

what are the 6 branches of the UN?

A
  • general assembly
  • security council
  • secretariat
  • economic and social council
  • trusteeship council
  • int’l court of justice
73
Q

explain the int’l court of justice’s role

A

-works independently from the UN
-the legal organ of the UN
the general assembly elects the judges
-settles disputes among member states

74
Q

which branch of the UN holds the most power?

A

-security council because it’s set up of the 5 permanent nations that hold veto power

75
Q

under what grounds can a country ask for extradition?

A
  • nationality
  • political offenders
  • principle of non bis in idem (a fugitive already sentenced and released)
  • the death penalty

Cnd. & Int'l Law (4 decks)

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