You And The Law

Question 1

Customs

Answer 1

The traditional way of doing things

Question 2

Human rights

Answer 2

Are the basic levels of treatment guaranteed by law which will not be denied by the government unless we are found to be breaking the laws of the land or destroying what our society values

Question 3

Freedoms

Answer 3

These are the areas where the government will step back and allow its citizens to practice their beliefs freely (unless they break the law with their freedoms)

Question 4

Responsibilities

Answer 4

Obligations of respect and fairness that one must carry out in order to preserve and protect our own rights

Question 5

Canadian Charter of Rights and Freedoms

Answer 5

Became ‘entrenched’ (unmovable) in our Canadian Constitution in 1982. (Prime Minister Pierre Elliot Trudeau pushed for this)

Question 6

Scapegoat

Answer 6

Where some one is blamed for problems they did not create

Question 7

Criminal Law

Answer 7

Criminal law deals with punishment of people who commit crimes against the public. Including murder, arson, and theft. These are crimes committed against individuals but are considered crimes on society as a whole

Question 8

Civil law

Answer 8

Deals with the protection of private rights. It is concerned with disputes between between individuals and groups. These disputes may take place over contracts, personal relationships, or property. In a civil case it is up to the injured party to take the case to court

Question 9

What must a police officer do when making an arrest?

Answer 9

a. Obtain a warrant for arrest except under specific circumstances involved when catching someone in the act of commuting a crime
b. Identify themselves as police officers
c. Avoid using any more force than necessary
d. Tell people why they are being arrested
e. Inform people of their rights

Question 10

Bail

Answer 10

The amount of money or property officially ‘held’ by the court until the date of reappearance of the accused at the trial (to ensure the accused will show up in court)

Question 11

3 reasons someone might be denied bail

Answer 11

Evidence comes forward that the accused person may:

a. Re-offend when releases
b. Run and not turn up for their trial
c. Have upset the general public to a point where there is a strong public outcry for them to remain in jail (their safety may be jeopardized by an angry mob or the public may feel unsafe)

Question 12

Laws (and rules)

Answer 12

Come from our values

Question 13

Plea Bargaining

Answer 13

Is when the accused offers to either give a ‘guilty’ plea (with or without condemning evidence against someone else) in order to gain a lesser charge or sentence. This may be appealing to the crown because it could speed up the trial considerably, save the public money and ensure a conviction with punishment even on a lesser charge

Question 14

What is the difference between provincial and federal penitentiary?

Answer 14

Provincial jail- short term holding facilities (3 months to 2 years)
Federal penitentiary- long term holding facility (2 years and greater)

Question 15

3 types of penitentiaries

Answer 15

Minimum security: offenders deemed not dangerous to the public if they escape

Medium security: offenders deemed dangerous to the public but are not likely to escape

Maximum security: offenders deemed dangerous and will likely try to escape

Question 16

Who decides what level security the accused may need in order to serve their sentence

Answer 16

The judge

Question 17

3 purposes of prison

Answer 17

Retribution: punishment
Rehabilitation: trying to change the person’s behaviour through various education and work programs
Deterrence: using the ‘threat’ of going to prison to scare people from committing future crimes

Question 18

What is a young offender?

Answer 18

Anyone under 18. If a young person commits an indictable crime and are considered to have willingly known the maybe tried as an adult and receive a harsher punishment. The media is not allowed to punish young offenders

Question 19

What are two advantages of settling your dispute out of court?

Answer 19

It can save a lot of time and money

Can free up time in the courts so more cases can be heard

Question 20

What is a statement?

Answer 20

A written document of what happened in a crime

Question 21

How is the regular court different from the restorative justice?

Answer 21

Regular court thinks of the offender

Restorative justice focuses on the victim

Question 22

How is robbery different from theft?

Answer 22

Theft is plain stealing

Robbery involves threading the person you are stealing from

Question 23

What is the rule of law?

Answer 23

It means everyone has to obey the law of the land

Question 24

What are the main 3 categories in criminal law?

Answer 24

Summary Conviction- minor category- theft, verbal assault, soliciting, breach of probation
Hybrid Conviction- medium serious- public mischief, escaping custody and being ‘at large’, causing bodily harm
Indictable Conviction- serious crimes- 1st and 2nd degree murder, robbery, breaking and entering, trafficking drugs

Question 25

What does YCJA stand for and when was it instituted?

Answer 25

Youth Criminal Justice Act

2003

Question 26

Fundamental Freedoms

Answer 26

To worship as you like
To believe what you want
To express your opinions
To associate with whoever you like
To gather together peacefully

Question 27

Democratic Rights

Answer 27

to vote in elections
to run as a candidate in elections
to elect new government every 5 years

Question 28

Mobility Rights

Answer 28

to enter, remain in, or leave Canada

to work wherever you wish in Canada

Question 29

Legal Rights

Answer 29

to enjoy life, liberty and security of person

to have a fair trial if you are accused of a crime

Question 30

Equality Rights

Answer 30

to live and work and be protected by the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability

Question 31

Language Rights

Answer 31

to communicate with, and recieve availabe services from, any federal government office in either French or English.
to use either French or English in any Federal court
to have your children educated in either French or Engilsh where numbers warrant

Question 32

What serves as a basis for taking offenders to court?

Answer 32

Rights and Freedoms