WEEK 21: THE CRIMINAL LEGAL SYSTEM Flashcards
Six main areas of criminology
The definition of crime and criminals
The origins and Role of the Law
The social distribution of crime
The causation of crime
Patterns of criminal behaviour
Societal responses to crime
Federal Police
Enforce all federal legislation such as Controlled Drugs and substances act
Acts as provincial police force in all jurisdictions except Ontario,
Quebec and some parts of Newfoundland
Act as municipal forces in some communities
Provincial Police
Fills gaps between municipal services
Patrols highways and waterways
Investigates cross-jurisdictional major crimes
Provides support to municipal forces for major cases
Municipal Police
Respond to local emergency calls, patrol public areas, regulate traffic, control crowds etc
Provincial Courts
summary offences and less serious indictable offences
Judge no jury
Superior court of justice
more serious criminal offences
choose between judge alone or judge and jury (exception is murder - always judge and jury)
Supreme Court of Canada
cases of public importance and national significance
final court of appeal and last judicial report
Categories of criminal offenses
Indictable offences :serious crimes eg. murder
Summary convictions : least serious: eg. causing a disturbance
Hybrid offences: can be minor or serious eg. assault causing bodily harm (has a range of outcomes)
Basic Elements of a crime
Actus Reus: Guily act: positive and negative act
Mens Rea: Guilty mind: recklessness and itention
Glaude Reports
When sentencing indigenous peoples, judges should consider information through a report based on two factors
- The unique systemic background factors that may have played a part in bringing the person before the courts
- The types of sentencing procedures and sanctions that may be appropriate in the circumstances for the offender because of their indigenous heritage or connection
Three principles of sentencing circles
A criminal offence represents a breach of the relationship between the offender and victim and the offender and community
The stability of the community is dependent on healing these breaches
Communities are well-positioned to address the causes of crime
Criteria for sentencing circles
The accused has roots in the community and agrees to participate in the SC
There are elders or respected non-political community leaders willing to participate
The victim is willing to participate and has not been subjected to coercion or pressure
Disputed facts of the case have been resolved in advance
