CRIM 131 Lecture Notes - Lecture 1: The Offence, Due Process

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 131
• Professor: Sheri Fabian

Document Summary

Overview - the canadian criminal justice system (cjs) Principles of rule of law: originates from magna carta, uk, 1215. 4 primary principles: accountability (governments, individuals and businesses, public and clear (applied evenly, protect fundamental rights, fair & efficient (how laws are enforced, timely & ethical. What is crime: crime: act or omission prohibited by criminal law with no legal defence, components of crime, actus rues (the act, mens rea (the intent) Specifies penalties: defines actions (or omissions) against law, general principles re: criminal responsibility, defences to criminal charges, establishes rules police, courts & corrections must follow. Ignorance of law is no excuse: only law can define crime & punishment, cannot be applied retroactively, right to avoid self-incrimination, no double jeopardy. Functions of criminal law: 7 functions of criminal law. General categories of law: civil law: resolution of disputes between private citizens, public law, criminal, constitutional, administrative, taxation. Law that is based on custom, tradition & practice & is generally unwritten.