You And The Law Flashcards
Customs
The traditional way of doing things
Human rights
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
Freedoms
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)
Responsibilities
Obligations of respect and fairness that one must carry out in order to preserve and protect our own rights
Canadian Charter of Rights and Freedoms
Became ‘entrenched’ (unmovable) in our Canadian Constitution in 1982. (Prime Minister Pierre Elliot Trudeau pushed for this)
Scapegoat
Where some one is blamed for problems they did not create
Criminal Law
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
Civil law
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
What must a police officer do when making an arrest?
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
Bail
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)
3 reasons someone might be denied bail
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)
Laws (and rules)
Come from our values
Plea Bargaining
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
What is the difference between provincial and federal penitentiary?
Provincial jail- short term holding facilities (3 months to 2 years)
Federal penitentiary- long term holding facility (2 years and greater)
3 types of penitentiaries
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
Who decides what level security the accused may need in order to serve their sentence
The judge
3 purposes of prison
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
What is a young offender?
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
What are two advantages of settling your dispute out of court?
It can save a lot of time and money
Can free up time in the courts so more cases can be heard
What is a statement?
A written document of what happened in a crime
How is the regular court different from the restorative justice?
Regular court thinks of the offender
Restorative justice focuses on the victim
How is robbery different from theft?
Theft is plain stealing
Robbery involves threading the person you are stealing from
What is the rule of law?
It means everyone has to obey the law of the land
What are the main 3 categories in criminal law?
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
What does YCJA stand for and when was it instituted?
Youth Criminal Justice Act
2003
Fundamental Freedoms
To worship as you like To believe what you want To express your opinions To associate with whoever you like To gather together peacefully
Democratic Rights
to vote in elections
to run as a candidate in elections
to elect new government every 5 years
Mobility Rights
to enter, remain in, or leave Canada
to work wherever you wish in Canada
Legal Rights
to enjoy life, liberty and security of person
to have a fair trial if you are accused of a crime
Equality Rights
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
Language Rights
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
What serves as a basis for taking offenders to court?
Rights and Freedoms
