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SOC 3730 (86)

SOC 3730 - Week 1

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SOC 3730
Michelle Dumas

Courts Family ▯ Division of assets, child custody, marriage, alimony, child support – considered to be a civil court Traffic ▯ All traffic violations unless it is a traffic violation considered a crime, careless driving causing death ▯ have it heard in criminal court Civil ▯ Contracts between individuals, someone doesn’t honour their side Military ▯ Court marshals, cases involving codes of service, discipline related to military personnel Tax ▯ Individuals and companies settling a disagreement with the federal government Youth ▯ Deal with juveniles (12-17) Criminal Forms of Law Civil Family court, civil court Deals with law specific to contracts between individuals Administrative The laws that govern corporations and business Criminal (the state) Summary offences Minor/misdemeanor infraction, punishment is minor or lower end 2 years less a day Indictable offences Felonies Higher penalties, minimum 2 years maximum life Hybrid offences Either summary or indictable, crown attorney decides which way to go Criminal Offences and Court Summary offences Court ▯ quick and repetitive Decisions ▯judge no jury in Canada, the US can have a jury for anything Sentences ▯ 6 months in a provincial prison (interim sentence, prison on weekends only if less than 90 days) Indictable Offences 1. Absolute jurisdiction provincial (Sec 553) – hybrid electives Theft, fraud, mischief, betting house, driving with suspended license 2. Absolute jurisdiction superior (Sec 469) – non electables All heard with a jury; murder, treason All begin with preliminary hearings to decide whether or not there is sufficient evidence for a trial 3. Electable offences 5 years or more in prison Legal Element of a Crime 3 Components Required Actus Reus – physical element of a crime Mens Rea – mental intent to act against the law Combination – have to act in combination Cases of possession do not have to prove mens rea; onus of proof is on the defendant Elements of the Law Specificity If police do not arrest individuals according to specifics of law, cases can be dismissed/thrown out of court – “getting off on a technicality” Uniformity Everyone is supposed to be treated the same under the eyes of law regardless of age/gender/race.. etc. Penal Sanctions Penalties to fit the crime, also to follow the rules of law outlined in the criminal code Legal Process Argument Want it to be as persuasive as possible, convince others that you are correct Most important in court, two competing arguments (crown v. defence) Legal training Types of arguments Precondition, conclusion and rule Deductive (determining the conclusion), abductive (determining the precondition) and inductive (determining the rule) Court 1. Deductive Arguments Defining Premise(s) and conclusion If P, then Q P: therefore Q If all premises are true, then your conclusion must be true If T, therefore T If one premise is false, then your conclusion is false 2. Inductive Arguments Defining If the premises follow the it is likely the conclusion is true Premises and conclusion Determining the rule 3. Abductive (sciences) Defining Begin with incomplete set of observations, come up with most likely conclusion Explanation Determining precondition Conditional Premises aren’t clarified – make assumptions which could be wrong Other explanations Best explanation Evaluate Deductive Reasoning 1) Validity – evidence is connected to the person being charged; must have logic Premises Example 2) Soundness 3) Fallacies Perceiving things to be true when they are not Informal Fallacies 1. Appeal to Authority Better reasons besides someone saying it is true 2. Appeal to Force Giving confession to crime you did not commit 3. Appeal to Ignorance 4. Ad Hominem Argument against the person – personal attack rather then deciphering the argument Law Right and wrong Fact v. legal Law CCRF, precedence Evidence Arguments Very deductive in court and vey specific Marxism Crime Classes Bourgeoisie – elite Proletariat – worki
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