Unit 3: Questions Flashcards
What is the purpose of incarceration in Canada?
The purpose of incarceration in Canada is punishment, rehabilitation, deterrence, and protecting society. Prisons aim to reform offenders and reintegrate them as law-abiding citizens.
What are some defences to being accused of a crime? Is it possible to use intoxication as an ultimate defence?
Defence to crimes include alibi, diminished responsibility, duress, intoxication (in limited cases where it renders the accused incapable of forming intent), mistaken identity, necessity, provocation, self-defence. Intoxication alone is generally not an ultimate defence.
What are things that are taking into consideration doing sentences? How do they affect the sentence?
Factors considered in sentencing include reasons for the offence, criminal record, violence involved, weapon use, harm to victims, cooperation with authorities, likelihood of reoffending, remorse shown. More serious factors lead to longer sentences.
When charged and found guilty of an offense, how long does the convicted party spend incarcerated in terms of their overall sentences? Are there any cases in which an individual would not be paroled? Why?
The convicted party typically serves 1/3 of their sentence before parole eligibility. For life sentences, parole may be allowed after 10-25 years depending on the crime. Dangerous offenders may never be released, for example Paul Bernardo.
What are the historical roots of international law?
International law has its roots in natural law and enlightenment philosophies emerging in 17th century Europe through theories of sovereignty and territorial jurisdiction. It developed further through the 1919 Peace Conference and League of Nations.
What are some criticisms of international law? If international law has major issues, why does Canada continue to support it?
Criticisms of international law include lack of central authority, weak enforcement, ambiguities in interpretation, sovereignty challenges, power politics influences. Canada supports it to promote global cooperation, peace and human rights despite challenges.
What is the general structure of the united nation? Which member states are the most powerful and why?
The UN has the General Assembly, Security Council (5 permanent and 10 rotating members), Secretariat, Economic & Social Council. The P5 - US, UK, China, France, Russia have veto power over Security Council resolutions.
What is the general structure of the international court of justice? How do they apply the law during cases?
The ICJ has 15 elected judges who hear disputes between consenting UN member states and provides non-binding rulings. It applies international treaties, custom, general legal principles to cases.
What are the major criticisms of the ICJ? What are the strengths of the ICJ?
Criticisms of the ICJ include lack of enforcement powers and ability to avoid politically sensitive cases. Strengths are its role in resolving disputes peacefully and developing international legal norms.
What methods are in place to ensure compliance with the enforcement of ICJ trials? What are some possible consequences to trials? What happens if members refuse to comply with the ICJ?
Compliance relies on moral authority and political/diplomatic pressure. Non-compliance may damage reputation and relations. The UN Security Council can also apply sanctions against non-compliant members.
What happens if a potential case falls outside the jurisdiction of the ICC?
If a case falls outside the ICC’s jurisdiction (e.g. due to location in a non-member state), it cannot be tried by the ICC. An example is the conflict in Syria as neither Syria nor most parties to the conflict are ICC members. The case could still potentially be referred to the ICC by the UN Security Council.
What is the general format of cases held in the ICC? How do they relate to cases held in Canadian courts?
ICC cases generally follow the same format as Canadian courts - they begin with the prosecution giving an opening statement, witnesses are called and cross-examined, evidence is presented, closing arguments are made before the trial judgment is delivered. However, the ICC does not have jury trials - the judgment is made solely by a panel of judges.
Describe the rights of prisoners held in detention for the ICC? What happens after the trial?
Prisoners held in ICC detention have rights like access to legal counsel, ability to challenge detention, privacy, health care, visits. After a trial, if convicted they may serve their sentence in a member state’s prison, as per enforcement of sentence agreements. If acquitted, they are immediately released.
How did the UN and ICC fund themselves? Are there any drawbacks to this format?
The UN is largely funded by compulsory membership fees based on countries’ GDP. The ICC relies on voluntary funding from states parties, UN and other organizations. Over-reliance on political donations is a drawback as it can undermine independence.
Are there any criticisms of the ICC? In your opinion are they justified?
Criticisms of political bias, inefficient bureaucracies, inability to prosecute all atrocities due to budget constraints, weak enforcement - some criticisms have merit. However, the ICC still plays an important role in advancing international law and accountability where national courts are unable or unwilling. Overall its benefits outweigh limitations.
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