Test 1 Flashcards
(132 cards)
1
Q
What is crime?
A
Has many different definitions however generally is a social construction that classifies some deviant activity that is against the criminal law.
2
Q
What are some factors in the definition of crime?
A
- level of harm
- social construction of harm
- direct and indirect harm
- commission of an act
- mental intent to commit the act
3
Q
What is actus reas?
A
commission of an act
4
Q
What is mens rea?
A
The mental intent to commit the act.
5
Q
What is the legal construction of crime?
A
A crime occurs when a person commits a violation of criminal law, actus reas and mens rea, and does not have a legal defence or justification for committing the act.
6
Q
What are moral entrepreneurs and examples?
A
Individuals, groups, or organizations who seek actions against certain groups of people or certain behaviours and bring pressure on legislators to enact criminal status. Example: MADD, prohibitions against alcohol
7
Q
What is a bijoural system? Does Canada have one?
A
Coexistence of two legal systems in one nation.
8
Q
What is Common law? Where is it practiced?
A
Law based on customs, tradition and practice and is generally unwritten. It is practiced in all of Canada except for Quebec.
9
Q
What is civil law and where is it practiced?
A
Civil law is based on a set of written and codified laws. Practiced in Quebec.
10
Q
What is precedent?
A
Judicial decision that may be used as a standard in subsequent similar cases.
11
Q
What are the two primary sources of criminal law?
A
Legislation and Judicial decisions.
12
Q
What is vertical precedent?
A
The top courts are going to set the standard and then the lower courts are legally mandatory to follow.
13
Q
What are some examples of legislation that set precedents?
A
Criminal code, anti-terrorism act, Controlled drug substances act…
14
Q
What kind of Legal System is Implemented in Canada, and what are the two systems called
A
Bijoural System
common law
civil law (Only in Quebec)
15
Q
What is the essence of the rule of the law?
A
- no one person is above the law
- all persons are bound by the law
- all are entitled to protection by the law
- the law should be observed and enforced equally
- there is a standard to which criminal justice officials must adhere and will be held accountable
16
Q
What is Common Law based on?
A
Based on customs, traditions, and practices and is generally unwritten
17
Q
What is agreed upon in the social contract between society and the law?
A
People give up some rights and freedoms in order to be protected by the government on your remaining rights and freedoms.
18
Q
What does Precedent mean?
A
it is a judicial decision that may be used as a standard in making subsequent decisions in similar cases
19
Q
What is the federal criminal code of canada?
A
Federal legislation that sets out criminal laws, procedures for prosecuting federal offences and sentences and procedures for the administration of justice.
20
Q
What are the two primary sources of criminal law?
A
legislation and judicial decisions
21
Q
What is Stare Decisis?
A
The principle whereby higher courts set precedents that lower courts must follow
22
Q
When was the first complete criminal code produced? Under who’s leadership?
A
1892, Sir John Thompson
23
Q
What is the difference between jail and prison?
A
Jail is for those who have sentences shorter than 2 years and are provincially run.
Prison is for those with sentences 2 years or longer and is federally run.
24
Q
What is the Magna Carta?
A
The first piece of legislation that say all people are subject to the law
25
What is the most overriding hierarchal law?
Constitution act of 1867, and the charter was added in 1982.
26
What is Social Contract?
The idea that you give up some of your rights and freedoms in order to to be protected by the government on your remaining rights and freedoms
27
When was the Criminal Code first produced?
1892
28
What does the Criminal Code entail?
sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice
29
Does the criminal code change?
yes
30
What are Zombie laws?
Laws that are included in the criminal code still, but people are not arrested or prosecuted for them anymore.
31
What is substantive law?
law that sets out the rights and obligations of each person in society (criminal code, the charter of rights and freedoms)
32
What is procedural law?
the legal process that protect and enforce the rights set out in substantive law (almost always precedent)
33
Is the criminal code above the constitution and the charter?
no it is not, every law that is passed, needs to comply by the constitution and the charter, or else they are not passed
34
What is Discretion?
the freedom to choose between different options when confronted with the need to make a decision
35
Why is discretion in the legal system bad?
Because it can lead to legal personnel making decisions based on stereotypes. leads to inconsistency in how laws are applied
36
Regarding the Ted tack video we watched in class, what issues come with being a prosecutor?
a lot of the times they are having to make life changing decisions very fast, and tend to be unaware and untrained on the consequences of their decisions. They have little appreciation for the decisions they make and the effects they will have
37
Why does the criminal justice system need public confidence and trust to be effective?
People who do not believe in the authorities abilities to do their jobs are less likely to comply and listen. When people are not confident in the Criminal Justice system, it also causes fear amongst people
38
What is the task environment?
the cultural, geographic, and community setting in which the criminal justice personnel make decisions
39
Referring to Accountability in the Criminal Justice System: What was the Jane Doe vs. Toronto (Metropolitan) case about?
the failure of police eto notify women of a serial rapist in their neighbourhood, lead to women being victimized. Jane Doe won the case.
40
What kind of crime gets the most media coverage and why? what does it lead people to think?
violent crimes gets the most media coverage, and it leads people to believe that violent crimes happen a lot more frequently than they do.
41
How is crime portrayed in media like tv shows and movies?
it is oversimplified and biased towards sensational crimes, and simplify crime and justice issues
42
What are the consequences of Unmet expectations?
crime--> dependence on the police and the justice system--> expectations of safety being delivered--> expectation not met--> clamour for more justice and interventions, including tougher sentencing--> fear persists---> cycles repeats
43
Why would people be more willing to accept surveillance and restrictions of freedom?
they are afraid
44
How do we condition children to be afraid of the wrong thing?
We condition children to be afraid of strangers, when really it is far more likely you will get hurt, kidnapped, or assaulted by somebody you know, and even by family
45
What is the Just World Hypothesis?
belief that there is order to the universe, we create systems of meaning to follow, beliefs that good things happen to good people and bad things happen to bad people
46
What are some of the ways the effectiveness of the Criminal Justice system can be assessed?
- public confidence and trust in the system
- the ability of the system to prevent and respond to cirme
- the extent to which the system addresses the needs of crime victims and their families
- the effectiveness of specific policies and programs, as measured by evaluation studies
- adherence of the system to the rule of law and the Charter
- the extent to which the system treats all persons fairly under the law, without prejudice or discrimination
47
What conditions must be present in order for the criminal law to act as a detterent?
1. people must be aware that there are legal sanctions that will be applied if they engage in certain behaviours
2. there must be certainty of punishment
3. the sanction must be applied swiftly when a crime is committed
48
What is a major inequality in Canadian society
Income inequality
49
What percent of the population earns 39.1% of the income in Canada?
1%
50
How much does gender inequality in the workplace cost Canada every year?
150 billion
51
How much does a working full-time earning women make comapred to a man
74.2 cents for every dollar a man makes
52
what is Racialization?
the process by which societies construct races as real, different, and unequal in ways that matter to economic, political, and social life
53
What groups are targeted the most for stop and frisks?
Black and Latino men. If your young and black, no matter what you fit the description
54
What is the purpose of the cjs?
Vaguely, to protect justice, but what does justice really mean and for who? It is inherently subjective.
55
What did the Canadian charter of rights guarantee?
Enacted in 1982, it guarantees freedoms, legal rights and equality for all citizens of canada, including those accused of crimes.
56
What contradictions are in the Charter?
Rights are guaranteed unless deemed necessary to be violated via legal processes (ex. incarceration) and the government can put limits on freedoms (hate speech crime).
57
What is the Oakes test?
Test to determine whether infringing on a charter right is necessary.
58
What factors are tested in the Oakes test?
Legitimacy and validity, rational connection, minimal infringement, proportionality (harm prevented greater than harm caused).
59
What does the criminal law not do?
Financially compensate, deal with historic issues, adjudicate if the victim (except murder) or perpetrator is dead, manage private wrongs.
60
How can someone be found liable in private law and not criminal law?
Criminal law has a high standard for culpability (certain beyond a reasonable doubt), and private law just has to be more likely than not.
61
In the Canadian CJS, does the victim have a choice whether or not to "press charges"?
No, the state takes on the case for the victim. R v. Perpetrator.
62
What are some examples of how victims are not well respected in the legal process? Why?
Victim does not get an automatic lawyer, they can be subpoenaed to testify in court. Partially because the perpetrator's rights have to be respected also, but also bc cjs is bad at its job generally.
63
What is the purpose of the CJS?
Notion of justice for all people (victim, offender, community), ensuring safety of communities and respecting everyone's rights.
64
What personnel are contained in the cjs?
All agencies, orgs and people involved in the prevention of, and response to crime.
65
What are some engagements of the cjs?
Crime prevention, arrest/prosecution of suspects, hearing of criminal cases, sentencing, parole, supervisions for ex-offenders, etc...
66
Where is the division of criminal law responsibility between the provinces codified?
Constitution
67
What is the role of the federal gov in cjs?
Decides which behaviours are criminal, parole.
68
What are the roles of the provincial govs in cjs?
Law enforcement, justice administration, probation.
69
What is a problem with the division of cjs responsabilities?
The provinces have their own systems and so they don't overlap. They are not cooperative systems.
70
What is the crime control model?
An orientation to crim justice in which the protection of community via apprehension of offenders is priority.
71
What criminological theories and political orientations are most aligned with the crime control model?
Classical and New right. Conservative.
72
What would be some features of the crime control model of the cjs?
No deviation in application of the law, swift application of punishment, leans towards assumption of guilt.
73
What is the greatest fear of the crime control model?
That an offender gets away with their crime.
74
What is the Due Process model?
Orientation to criminal justice in which the legal rights of all individuals are the most important.
75
What criminological theory and political orientation is most aligned with the Due Process model?
Positivism and Liberal.
76
What would be some features of the due process model of the cjs?
Sentencing tailored to offender, assumption of innocence, guilt must be fully proven.
77
What is the greatest fear of the Due Process model?
That an innocent person be incarcerated.
78
Where does Canada fall on a scale from Crime Control to Due process model?
It is slightly farther to the Due Process than the USA right now, it is just due process of center.
79
Why is Canada closer to Due Process than the US?
Canada doesn't have a death penalty, it has mechanisms to right wrongs and gives out fewer life sentences.
80
What is the adversarial system? (Goal, Method)
A common law legal system that uses one judge to proceed over a case with the goal of "winning" the case.
81
What is in the Inquisatorial system? (Goal, method, civil/common)
A civil law legal system that involves a panel of judges asking questions with the goal of finding out the innate truth, individuals on stand must answer all the questions asked of them.
82
What is the most used system globally?
Inquisitorial
83
What countries use the adversarial system?
US, UK, CA, AUS, NZ
84
What countries use the Inquisatorial system?
All of europe, most of Africa, most of South America.
85
What is the origin of the inquisatorial system?
In Rome to contest against anti-catholicism or critiques of the roman-catholic rule.
86
What is the difference between judges and lawyers in Inquis. vs Advers.?
Inquis: Judges are their own entity and attend a specific judge school
Advers: Judges are just promoted lawyers
87
What is the role of police in the Inquisitorial system?
Agents of prosecution.
88
At what level of the Canadian adversarial system is there an element of the inquisitorial system?
When appealing, you encounter a panel of judges like in inquisitorial.
89
How is guilt proven in each system (Inquisitorial/Adversarial)?
Inquisitorial: A majority of the judges must vote "more likely than not".
Adversarial: All of the jury must believe guilt beyond a reasonable doubt.
90
What is the crown's job in a Canadian adversarial trial?
Prove the guilt beyond reasonable doubt because they have the burden of proof, not the accused.
91
Which system (inquisitorial/adversarial) allows appealing?
Both, only on technical legal grounds.
92
What is the general path of cases through the cjs?
Incident -> police system -> criminal court system -> corrections and parole system
93
What is the crime funnel?
As crime moves through the cjs, less and less crimes continue through until incarceration. At each step, many cases are elimiated.
94
Around what amount of all guilty verdicts result in incarceration?
1/4
95
For spousal assault, how many reported incidents end with convictions?
Less than 1%
96
What is utilitarianism?
Advocates for the greatest good for the greatest number of people.
97
What is consequentialist moral reasoning? What model is it associated with?
Always do what will result in the most right thing. Crime Control.
98
What is categorical moral reasoning? What model is it associated with?
Locates morality in certain duties and rights. Due Process.
99
Why are there so many ethical considerations in the cjs?
The cjs is a human entreprise, humans make decisions that affect other humans. This discretion and gray can make it unclear what is the best decision to make in many situations.
100
What is Prosecutorial interdependence?
Police officers are not required to arrest people if they see them commit a crime.
101
What are some critiques of the adversarial system?
Encourages parties to present a distorted view of events in order to win, lack of quality legal rep for many defendants, system just reacts not solves.
102
What is a task environment?
Cultural. geographic and community settings in which the criminal justice system operates and in which criminal justice personnel make decisions. It influences the types of crime and therefore decision making options.
103
What is restorative justice?
Alternative approach to crime, focuses on problem solving, addressing needs of victims and offenders with input from the community.
104
What must offenders do fro restorative justice to work?
Acknowledge harm done.
105
What is the requirement for a stop and frisk procedure?
law enforcement need to have reasonable suspicion
106
Why was putting reasonable suspicion in place for stop and frisks important?
stopping people because of suspicion is too subjective, but at the same time, reasonable suspicion is still targeting specific groups of people.
107
what percent of homicide victims in 2009 were Indigenous?
27%
108
Many Indigenous people live on the margins of Canadian society. How is this reflected?
- Pervasive poverty
- High rates of unemployment
- Low levels of formal education
- High death rates from accidents and violence
109
when did residential schools operate?
1880s-1990s
110
Approximately how many Indigenous children were sent to residential schools?
150,000
111
Why did the "60s scoop" begin?
They didn't want the children going home to their parents in the summer because they were relearning their culture during the summer times. they would bribe parents, lie to them, or just kidnap them.
112
What did Ottawa promise to build in Attawapiskat to attempt to conbat the suicide crisis?
a permanent youth center, but it is still not completed
113
What experiences are Indigenous women far more likely to experience than non-Indigenous women?
- stereotyping, discrimination, racism
- living in crowded homes
- unemployment
- living in poverty
- lower life expectancy
- violence and victimization
114
How many times higher are the homicide rates for Indigenous women compared to non-Indigenous women
6 times higher
115
Who was Tina Fontaine, and what was a summary of her story
15 year old who was murdered and labelled as a prostitute and sex worker. she was failed by child protective services and the police and justice system in general
116
What happened in foster care after Tinas case?
Children are no longer allowed to be placed in hotels, not even temporarily
117
What is Honour based violence?
it is violence that is committed on a CULTURAL belief, it is not religious.
118
What are Honour based killings?
Homicide that is committed because it is believed to be restoring honour in the family that was lost by those murdered.
119
What kind of violence have Blacks in Canada been subjected to?
"structural violence" perpetrated by state-funded institutions, including the criminal justice system and, most notable the police
120
Where are Black children and youth disproportionately represented?
In child welfare, child protection, and youth justice systems; in the numbers of living in poverty; and among those at high risk of sexual exploitation and violence
121
Where is there the highest surveillance?
in low income areas, also where we see the highest amount of Indigenous folks, and people of colour
122
Why is over policing dangerous?
you are focusing on a marginalized community and puts a major strain on the fragile trust that has been formed with the police and these communities
123
What is re-victimization?
the negative impact on victims of crime caused by decisions and actions of criminal justice personnel
124
What is the Canadian Victims Bill of Rights, 2015?
it sets out a number of statutory rights for the victims of crime, including the right to information, participation, protection, and restitution.
125
What is a flaw with the Canadian Victims Bill of Rights 2015?
it is not a powerful piece of legislature, and is subject to a number of limits, it cannot interfere with the rights of the offender
126
What is Restorative Justice?
a problem-solving approach to responding to offenders, based on the principal that criminal behaviour injures victims, communities, and offenders, and that all of these parties should be involved in efforts to address that causes in the behaviour and its consequences
127
What are the key notions in restorative justice?
healing, reparation, and reintegration, and the prevention of future harm
128
Where are the entry points for restorative justice in the criminal justice system?
- police (pre charge)
- crown (post-charge, pre-conviction)
- courts (post-conviction, pre-sentence)
-corrections (post-sentence, pre- reintegration integration)
129
How much has hate crimes against Muslim population increased since 2015?
61%
130
When were Indigenous persons granted the right to vote in Canada?
1960
131
What were the Tuberculosis Sanatoriums?
Indigenous persons, including Inuit, were sent thousands of km away form their home community to the sanatoriums. Inuit from the western Arctic sent to hospitals in Edmonton, and those from Eastern Arctic sent to Hamilton Ontario
132
What is the "silo" approach?
focusing only on their specific mandate, and not considering the larger context of a problem of crime and disorder, specific patterns of criminal behaviour, the needs of an offender
