Unit 3 - Textbook Questions Flashcards
Why does criminal law exist?
Offers us order and predictability. It provides a value framework with which to live our lives. Allows for security and prevention.
Name 4 purposes that Canadians feel can be fulfilled by criminal law
• protect people and property
• discourage potential offenders
• rehabilitate those who have already harmed society
• retribution punish those who commit crime
What are some of the possible causes of crime?
Peer pressure, drugs and alcohol, poverty, mental health
Why does Parliament decide to make certain actions criminal?
To reflect the values and wishes of society. Peace, order, and Good government.
Give 3 examples of laws enacted in the past few years that indicate society’s changing values and / or concerns.
• abortion
• capital punishment
• gun control
List the conditions that must exist for an action to be considered a crime according to the Law Reform Commission of Canada
• the action must be considered wrong
• the action must cause harm to other people, to society, or to those who need protection
• the harm must be dealt with through the mechanism of criminal law
What is the origin of Canadian Criminal Law?
The criminal law system inherited by early Canada (except Quebec) was essentially the English case law system with slight modifications by English statutes.
Why was the federal government given jurisdiction over criminal law?
At first, each province was free to make its own criminal statutes. In 1867, the first four provinces to enter confederation gave this jurisdiction to the federal parliament. Consistency to strengthen federal government and criminal offences are the matter of the whole country.
What are the quasi criminal laws?
Laws passed by provinces or municipalities that are not considered part of criminal law. No criminal record or sent to jail because it’s not a criminal offence.
Where can one find the most common crimes and their penalties listed?
Criminal Code of Canada
Outline some ways that the judiciary influences our criminal law
• interpret laws and their meaning
• power to determine how the will of parliament and the legislature will be enacted against criminals
• power to determine whether laws or procedures followed by the state are consistent with the CCORF
• influence reflected many criminal procedures that were decided upon by previous judgements and are still followed according to precedent
How can you tell if an offence is summary or indictable?
Summary - minor offences where you’re summons to court immediately and will face a max. penalty of $5000 fine or 6 months imprisonment
Indictable - sever offence with a max. penalty of life imprisonment
Give some differences in the procedures used for summary and indictable offences
• the power of arrest for a citizen or police
• the rights of the accused
• how the trial will proceed, when will it be
• what penalty will be imposed
How can you tell if an offence is hybrid?
The crown has the right to chose whether to proceed summarily or by indictment. Is it a little or big deal?
What important decision can the Crown attorney make for hybrid offences that they don’t make for summary or indictment offences?
Decide whether to proceed summary or indictable
