Lecture 2

Question 1

Origin of the Rule of Law

Answer 1

Magna Carta
indicates that
NO ONE IS ABOVE THE LAW

Question 2

Canadian Charter of Rights and Freedom

s1.

Answer 2

Guarantees the rights and freedom (but they are subjected to limitations

Question 3

Canadian Charter of Rights and Freedom s2.

Answer 3

Fundamental Freedom of:
conscience/religion
Thought, belief, opinions, and expression, including freedom of press and other media of communication
Peaceful assembly
Association (but not organized crime groups)

Question 4

Canadian Charter of Rights and Freedom s7

Answer 4

Life liberty and security of person

Question 5

Canadian Charter of Rights and Freedom s8.

Answer 5

Search or seizure (right to secure against unreasonable search or seizure)

Question 6

Canadian Charter of Rights and Freedom s9.

Answer 6

Detention of imprisonnment (everyone has the right not to be arbitrarily detained or imprisoned

Question 7

Canadian Charter of Rights and Freedom s10.

Answer 7

Arrest or detention

Question 8

Canadian Charter of Rights and Freedom s11.

Answer 8

Proceeding in Criminal and Penal Matters

Question 9

Canadian Charter of Rights and Freedom s12.

Answer 9

Treatment and punishment

Question 10

Canadian Charter of Rights and Freedom s15.

Answer 10

Every individual is equal under the law

Question 11

Canadian Charter of Rights and Freedom s24.

Answer 11

A. enforcement of guaranteed rights and freedom

b. Exclusion of evidence bringing administration of justice into disrepute

Question 12

Criminal law vs Civil law

Criminal Law:

Answer 12

CCC
Focuses on Crime/punishments
Guilt: Beyond a reasonable Doubt (90%+)
R. vs defendant

Question 13

Criminal Law vs Civil Law

Civil Law:

Answer 13

Non-criminal legislation (e.g.) family Law, Contract Law
Guilt: balance of probabilities (51%+)
Plaintiff vs Defendant

Question 14

CJS Purpose

Answer 14

1. “prevent and respond to criminal behaviour”
2. Protect victims’/offenders’ rights
3. Justice
4. Safety/security
   (Griffiths, 2019:22)

Question 15

Constitution Act (1867)

Answer 15

Divide power between federal/provincial governments

Question 16

Role of Federal government

Answer 16

Codifies legislation defining crime

Question 17

Role of Provincial/Territorial government

Answer 17

Administer the law

*Municipalities fall under provincial government

Question 18

Two Model in Criminal Justice System

Answer 18

1. Crime Control Model of Criminal Justice

2. Due Process Model of Criminal Justice

Question 19

Crime Control Model of Criminal Justice

Answer 19

Crime Control by enhancing the power of CJS personal

Question 20

Due process Model

Answer 20

Focus on ensuring that proper procedure is followed throughout the criminal justice processing.
Increase chance of fair hearing,
Decreases chance of wrongful conviction
CJS FOCUSES on DUE process model

Question 21

Criminal Justice Funnel

Answer 21

Griffiths, 2019:26
Highest to lowest 
1. Reported Crime
2. Found guilty
3. Admission to Prov. Custody
4. Fed.

Question 22

Dynamics of CJS (Griffiths, 2019:27)

Answer 22

1. Discretion
2. Disparity in decision-making
3. Other variables/factors that influence of decision-making

Question 23

Define Ethics and what is needed with it

Answer 23

Ethics: doing what is right

Must have philosophy/morality

Question 24

CJS Accountability: when police does something wrong they can either be

Answer 24

1. Subjected to criminal charges
2. Subjected to civil charges
3. subjected to internal review

Question 25

Restorative justice

Answer 25

1. Victim speaks 2. Emphasis on repairing harm 3. Focus on restoration between victim, offender and the community "A problem-solving approach to responding to offenders based on the principle that criminal behaviour injures victim, communities, and offenders, and the tall of these parties should be involved in effort to address the causes of the behaviour and its consequences "(Griffiths, 2019: 34)

Question 26

Retributive justice

Answer 26

1. Focus on establishing blame and guilt 2. Stigma of crime permanent 3. No encouragement for repentance and forgiveness 4. Dependence upon professionals; experts 5. Adversarial; state versus offender; victim ignored, offender passive 6. Community represented abstractly by the state 7. punishment / control 8. fixed rules

Question 27

4 key principles of the rule of law

Answer 27

1. The government and its officials and agents, as well as individuals and private entities, are accountable under the law 2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of person and property 3. The process by which the laws are enacted, administered, and enforced is accessible, fair and efficient. 4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve

Question 28

Rule of Law

Answer 28

"The requirement that government, as well as individuals, be subjected to and abide by the law