Define law.
A set of formal rules created and enforced by the government to regulate behaviour
Laws are essential for maintaining order in society.
What is justice?
- A concept based on fairness, morality, and equality of rights
- Laws aim to achieve justice but may yield injustice in specific cases
The application of laws can vary based on circumstances.
What are the two critical ingredients of a crime?
- Actus reus: commission of an act
- Mens rea: mental intent to commit the act
A crime occurs when both elements are present.
What is the social construction of crime?
The notion that the legal status of behaviours is determined by the social response to the behaviour
This perspective highlights the role of societal norms in defining crime.
Who are moral entrepreneurs?
Individuals, groups, or organizations who seek action against certain behaviours and pressure legislators to enact statutes
They play a significant role in shaping laws and societal norms.
Medical Assistance in Dying (MAID)
- Controversial
- Implications for physicians and the scope of the practice
MAID raises ethical and legal questions in the medical field.
What is the value consensus model?
The view that behaviours defined as criminal reflect commonly held opinions and limits of tolerance
This model emphasizes societal agreement on what constitutes crime.
Define mala in se.
Behaviours that are inherently evil and constitute a violation of ‘natural law’
- Wrong in themselves
These actions are universally recognized as wrong.
What is the conflict model?
The view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law
- Rich and privileged have more advantage in influencing law reform and what happens to people who becomme involved in the criminal justice system.
This model highlights inequalities in the justice system.
What is substantive law?
Law that sets out the rights and obligations of each person in society; includes the criminal code
Substantive law defines what constitutes a crime.
What is procedural law?
The legal processes that protect and enforce the rights set out in substantive law
Procedural law ensures fair treatment in the legal system.
What is the common law system?
Law based on custom, tradition, and practice, generally unwritten; judges are guided by past decisions
Common law evolves through judicial rulings.
What is precedent?
A judicial decision that may be used as a standard in subsequent similar cases
Precedent is a key component of common law.
What does stare decisis mean?
The principle by which higher courts set precedents that lower courts must follow
This principle maintains consistency in the legal system.
Define statute law.
Written laws enacted by a legislative body such as the parliament of Canada
Statute law is distinct from common law.
What is case law?
Law established by previous court decisions based upon the rule of precedent
Case law interprets and applies statutes.
What is the purpose of criminal law?
- Acts as a mechanism of control
- Maintains order
- Defines acceptable behaviour
- Reduces risk of personal retaliation
- Assists in deterrence
- Prosecutes criminalized behaviour
- Protects group interests
Criminal law serves multiple functions in society.
What are the sources of criminal law?
- Legislation
- Judicial decisions
These sources provide the foundation for criminal law.
What is the rule of law?
The requirement that governments and individuals are subjected to and abide by the law
The rule of law is a fundamental principle in democratic societies.
What are the key principles of the rule of law?
- No one is above the law
- Law is applied equally and fairly
- Law is known and accessible
These principles ensure justice and accountability.
What is the Canadian Charter of Rights and Freedoms?
The primary law of the land; guarantees fundamental freedoms, legal rights, and equality rights for all citizens of Canada
It includes rights such as freedom of conscience and religion.
What does the Criminal Code of Canada (1892) entail?
Federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and sentences
The Criminal Code standardizes Canadian criminal law.
What is the difference between criminal law and civil law?
- Criminal law: Government prosecutes, beyond reasonable doubt for guilt
- Civil law: Disputes between individuals, balance of probabilities
Criminal law involves state prosecution, while civil law involves private disputes.
What challenges does the criminal law face in a diverse society?
Application of law is challenging due to cultural differences
Cultural practices can complicate legal interpretations.
