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Midterm

Law Midterm Review.odt

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Department
Law
Course
LAWS 2301
Professor
Maeve Mc Mahon
Semester
Winter

Description
Canadian Criminal Justice System Midterm Review1 What is revealed by the concept of the crime funnel as identified by GriffithsA There is a huge different between the actual level of crimes large number and incarceration small number In 2007 about 25 million crimes were reported in Canada however only about 243 000 convictions were made Also the criminal justice system does not respond to every breach of the law Most cases end with guilty plea Few cases go to trial 2 The federal provincial and municipal division of powers roles and responsibilities with respect to criminal law and justice and especially policingA1 Federal decides which behaviours are criminal RCMP2Provincial enforces law administers criminal justice system Responsible for administration of justice3 Municipal Enact city bylaws ex smoking prohibitions minor penalties May not encroach on provincial or federal government jurisdiction May control police budgets hire police chief3 The agency most involved in making decisions about the release of federal inmatesA 1 Provincial prisonunder two years sentence and 2 Federal penitentiary two years and over National parole board decision to release or statutory release4 The approximate annual cost of operating the criminal justice system in CanadaAapproximately 13 billionyear5 The percentage of the police share of the operating costs of the criminal justice systemA Police receive approximately 60 of the funding pie6 The two critical ingredients of a crimeA Actus Reus the commission of the act and Mens Rea The intent to commit the act7 The standards of proof requiredin civil and criminal casesAIn criminal law there must be proof beyond reasonable doubt but civil law there is lower standard of proof and a balance of probability 8 The nature of discretion and disparity in the criminal justice systemAConcerns Respond to a wide variety of events in a variety of settings in conditions that often are not ideal Many factors influence discretionary decisionmaking such as education and training While disparity in decision making different CJS personnel often make different decisions in a given situation9 Basic principles that apply in criminal law and justice in CanadaA Provides social control maintains order defines boundaries of acceptable behaviour reduces personal retaliation aids deterrence provides punishment criminalizes behaviour protects group interests prevents crime and deters criminal behaviour 10 the meaning in English of the following statementsA actus non facit reum nisis mens sit rea An act does not make a person guilty unless he or she
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