Criminal law and criminal justice Flashcards Preview

Soci 327 midterm 1 > Criminal law and criminal justice > Flashcards

Flashcards in Criminal law and criminal justice Deck (44):
1

Substantive criminal law

Declares which actions will be punished by the state

Actus reus
Men's rea
Harm

Laws that define criminal behaviour

2

Procedural criminal law

Reveals how the rights and duties of people can be enforced = due process

Mostly found in s.8 "principles of fundamental justice"

No one can be deprived of life, liberty

No static - constantly changing

Supreme Court has Ike's in areas of disclosure, right to silence, right to a fair trial, right not to make incriminating statements

Legal guilt over factual guilt

3

Sexual assault rape conditions

1. Had to be female victim
2. accused was make
3. Not married to each other
4. Sexual intercourse occurred
5. No consent of the woman

4

Sexual assault levels

Level 1: least injury (98% cases)
Hybrid offence

Level 2: use of weapon or harm, or threat

Level 3: wounding, ma mining, disfiguring, or endangering

5

Bill c-127

Victims sexual history

Catch the victim being insecure

Taint them out to be the bad person

6

1994 "extreme drunkenness" was implemented (rape shield law)

Bill c-46 full disclosure of records

7

Stages of assault

1st stage: accused must convince the trial judge that the documents are relevant

2nd stage: judge must consider whether it is necessary in the interests of justice for the defence to view them

8

Canadian law derived from?

The British then turned into common law

9

Common reasons for ordering the complainants records

1. Prejudice to dignity and the right to privacy

2. Defendants right to full answer and defence

3. Reasonable expectation of privacy

4. Pro active value of the record

10

Sources of criminal law

Stare decisis: the process of following previous decisions when forming new ones (law adapts to changes)

Judges have some discretion (look at precedent)

11

Written sources: the constitution

Includes the charter (1982)

Supreme law

12

Written sources: statute law

Was that prohibit or mandate certain acts

Criminal code

13

Written sources: case law

When the courts need to interpret existing statues

14

Written sources: administrative

Specific areas (environment)

15

The rule of law

Every person and group is subjected to the same laws
Sense of orderliness

16

What type of law is concerned about whether the accused has actually committed an offence and formed the intent to do so?

Substantive law

17

What are some of the main principles of criminal justice as indicated in the charter?

Life Liberty and security

18

The charter 1982

Fair trial
Protection of due process rights
Freedom from cruel and unusual punishment


Principles of fundamental justice are broader than the rights defined in the charter

19

Section 7

Individual rights

20

Section 8

Right to a reasonable expectation of privacy

21

Section 9

People cannot be arbitrarily detained

22

S.10

Rights of the accused when detained

23

Section 11

Rights people have when charged with an offence

24

Section 12

Fair punishment

25

Section 13

Freedom from self incrimination

26

Section 14

The right to an interpreter

27

Section 15

Equality rights

28

Section 24

Remedies for violation of the above rights

29

CJS definition of crime

Crime as actions that are Harmful, prohibited, can be prosecuted in a formal environment, and for which a punishment can be handed out

30

Corpus delecti

The body of crime

Legality
Men's rea
Actus reus
Concurrence of men's rea and actus rea
Harm
Causation
Punishment

This is followed when charging and convicting people

31

Excuse defences

Excusing a person from being punished as if they weren't truly responsible

Age
Mental disorder
automatism
Mistake of fact
Mistake of law

Unable to have a guilty mind, or establish intent to do a crime

32

Justification defences

Having a reasonable amount of force against the person trying to hurt you

Duress
Necessity
Self-defence
Provocation
Entrapment

33

Summary offences

Less serious

34

Indictable offences

More serious

35

Excuse defences: age

0-12 don't know what they are doing

12-18 youth crime , don't keep records

18 older = adult

36

Excuse defences: mental disorder

Cannot form intent because they were not rational at the time- prove this by evidence with long standing mental illness

37

Excuse defences: automatism

The performance of actions without conscious thought or intention

Ex: sleep walking

38

Excuse defences: mistake of fact

Didn't know you were actually carrying out a crime

39

Excuse defences: mistake of law

Referring to one Ken ore errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by the court

40

Justification defences: duress

Threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment

41

Justification defences: necessity

Same thing as duress- difference is that it doesn't necessarily have to be another person posing a harm to another

Ex: Robert latimer

42

Justification defences: self defence

Defending yourself, your property, or neighbors property

43

Justification defences: provocation

Being provoked

44

Justification defences: entrapment

State cannot create condition where crime can occur.

The state of being caught in or as In a trap

Set you up