What is a crime?
an act or omission prohibited by criminal law with no legal defence or justification
What is actus reus
the act
What is mens rea
the intent
What is the social construction of crime?
the process which the same behaviour may be considered criminal in one society and an act of honour in another, or in the same society of a different time
What is civil law/private law
resolution of disputes between private citizens
What kind of law is criminal law in
public law
What is criminal law
- defines acts or omissions against law
- states penalties
- general principles
- defences to criminal charges
- establishes rules police and courts must follow in criminal matters
What is the value consensus model
views crime and punishment as reflecting society’s commonly held values as well as its limits of tolerance, assumes there is a consensus on what should be against the law
What is mala in se
wrong in themselves (incest, murder)
What is mala prohibita
may not be a consensus
What is the conflict model
sees some groups are better able than others to influence which behaviours and persons are criminalized
What are the functions of criminal law
- mechanism of social control
- maintains order
- defines acceptable behaviour
reduces risk of personal retaliation
-assists in general and specific deterrence
-criminalizes behaviour - protects group interests
What are the key principles of Canadian Criminal law
- laws cannot be applied retroactively
- ignorance of law no excuse
- right to avoid self incrimination
-no double jeopardy - actus reus and mens rea
Compare criminal law and civil law
draw
What is common law
law made by judges deciding cases rather than legislation…. based on precedent
what is case law
laws established by previous court decisions, based on rule of presedent
What is stare decisis
higher courts set precedents lower courts must follow
what is statute law and an example
written law enacted by a legislative body ex: criminal code of Canada (1892)
What are the classification of offences
- summary conviction offenses (generally less serious)
- indictable offences (generally more serious)
- hybrid (or elective offences…crown decides - proceed by summary or indictable)
What is the rule of law
- influenced by Magna Carta
- everyone accountable under law
- laws = public, clear, just, applied evenly, protect fundamental rights
- accessible, fair, efficient process
- justice - timely and ethical
What are the major components of CJS?
police, courts, corrections
What is critical thinking?
- healthy skepticism
- considers multiple POV
- fair and openminded
-thorough thinking - ask questions
What is deviance?
Behaviour contrary to the norms and values of larger society
Who are moral entrepreneurs
individuals, groups, or organizations who seek action against certain groups of people or certain behaviours and bring pressure on legislators to enact criminal statutes
- tend to be opposed to victimless crimes
