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35 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Where is 3 basic components of the Criminal Justice System? |
Police Courts Corrections |
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What role does the Constitution Act, 1867 play in the criminal justice system? |
It divides responsibilities between the federal and provincial governments |
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What role does the federal government play in the Criminal justice system? |
Decides which behaviors are Criminal |
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What role does the municipal government play, in the criminal justice system? |
- Enact city by laws - May not encroach on provincial or federal government - Controls police budget, hire police chief |
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What is rule of law? |
The requirement that government and individuals be subjected to and abide by the law |
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What is the first key principles of the rule of law? |
Gov't, officials, agents, individuals, and private entities are accountable under the law |
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What is the second key principle of the rule of law? |
Laws are clear, publicized, stable, just, apply evenly, and protect fundamental rights, including the security of a persons and property |
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What is the third key principle of the rule of law? |
The process by which the laws are enacted, administrative, and enforced is accessible, fair, and efficient |
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What is the 4th key principle of the rule of law? |
Justice it delivered timely by competent, ethical, and independent Representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the community they serve |
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What are principles of the rule of law? |
- all citizens are subjected to law - law must be fair and impartial - laws are created by elected officials - laws must be clearly written - laws must apply equally to all - penalties must be specified for violations |
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What are the origins of rule of law? |
The Magna Carta, 1215 issued by King John |
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What is criminal law? |
Body of law that deals with conduct considered so harmful to society as a whole that it is prohibited by Statute be prosecuted and punished by the government |
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What is common law? |
Law that is based on custom, tradition, and practice and is generally Unwritten |
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What is statute law? |
Written laws that have been enacted by a legislative body |
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What is case law? |
Laws that is established by previous Court decisions and based on the rule of precedent |
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What is Stare Decisis? |
The principle that higher courts set precedents that lower courts must follow |
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What is a crime? |
An act or Omission that is prohibited by criminal law |
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What are four ingredients to a crime? |
Actus Reus: the commission of the act Mens rea: the intent to commit the act No legal defences A violation of the criminal act |
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What is the Canadian Charter of Rights and Freedoms, 1982? |
Guarantees fundamental Freedom's, legal rights, and equality rights |
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What is Section 1, of the Canadian Charter of Rights and Freedoms? |
That all rights and freedoms have a reasonable limit |
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What is section 7, of the Canadian Charter of Rights and Freedoms? |
Everyone has the right to life, liberty, and security This right can only be deprived in accordance with the principles of fundamental Justice |
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What is section 8, the Canadian Charter of Rights and Freedoms? |
Everyone has the right to be secure against unreasonable search or seizure |
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What is section 9, of the Canadian Charter of Rights and Freedoms? |
Everyone has the right not to be arbitrarily detained or imprisoned? |
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What is section 10, of the Canadian Charter of Rights and Freedoms? |
Everyone has their right on arrest or detention a) informed promptly of the reason b) retain and instruct counsel without delay and to be informed of that right c) to have the validity of their attention determined by way of habeas corpus in to be released if the detention is not lawful |
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What is section 24, and the Canadian Charter of Rights and Freedoms? |
1) anyone whose rights or freedoms have been infringed may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances 2) evidence that was obtained unlawfully will be excluded from a case |
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What are the 3 categories of criminal offenses in the Criminal Code? |
Summary convictions offences - less serious offences (less than 5000 fine and/or 6 months in jail) Indictable offences - more serious crimes (max sentencing of 14 yrs to life) Hybrid offences - decision always made by Crown |
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What is the difference between criminal and civil law? |
Criminal law: - gov't procecutes (Crown v. Defendant) - tried in a criminal court - may include prison and fines - Proof Beyond A Reasonable Doubt
Civil law: - Plaintiff v. Defendant - every law except criminal law - wronged party seeks financial damages - proof on reasonable probability or belief |
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What are two theories of, where laws come from? |
Value consensus model Conflict model |
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What is the value consensus model? |
Mala in se (crimes are wrong because they're wrong)
It assumes that there is a widespread consensus on law Assumes laws are fairly applied |
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What is the conflict model? |
- Laws reflect interest of the Rich and Powerful - laws are unequally apply to the Poor and Powerless |
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What are concerns with the adversarial system? |
The quality of legal reps for many defendants. The ability for the CJS to solve problems, rather than merely react to them Encourages the parties to present a distorted version of events |
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What are moral entrepreneurs? |
Individuals, groups, or organizations that seek action against certain groups of people or certain behaviors and bring pressure on legislators to enact criminal statutes |
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What are five principles of Canadian law? |
Must have actus reus and mens rea
Rules can't be changed in the middle of the trial
Ignorance of the law is not a defense
Criminal suspects and defendants have the right to remain silent during the police investigation
Cannot be tried twice for the same offense ( double jeopardy) |
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What role does the provincial government play in the criminal justice system? |
Enforces law, administers criminal justice system |
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What are the functions of criminal law? |
Define acceptable behavior Reduces personal retaliation Assistant general and specific deterrence Maintain order Protect group interests Social control Criminalizes behaviour |
D.R.A.M.P.S.C |
