CRM 100 Study Guide - Fall 2018, Comprehensive Midterm Notes - Canada, Aboriginal Peoples In Canada, Criminal Justice
12 Oct 2018
School
Department
Course
Professor
CRM 100
MIDTERM EXAM
STUDY GUIDE
Fall 2018
PART ONE
The Rule of Law:
● The requirement that governments, as well as individuals, be subjected to and abide by
the law
Principles of the Rule of Law:
● Accountability: Government, individuals, and private entities are accountable under the
law
● Public and Clear: Laws are clear, publicized, stable and just, applied evenly, and
protect fundamental rights
● Fair and Efficient: Processes for enacting, administering, and enforcing laws are fair
and efficient
● Timely and Ethical: Justice is delivered timely by competent, ethical, and independent,
well-resources, and neutral representatives
The Canadian Charter of rights and Freedoms:
● Guarantees fundamental freedoms, legal rights, and equality rights for all citizens of
Canada, including those accused of crimes
● Provides protection for individuals and ensures fairness during legal proceedings and
before they commence
● All components of the criminal justice system must conform to the Charter
o Laws can’t be passed if they’re in violation of the charter
What is a Crime?
● An act or omission that is prohibited by criminal law
● Act: Assault, robbery
● Omission: Failing to report child abuse, failing to provide necessities of life
Components of a Crime:
● Actus Reus- Criminal action
● Mens Rea- Guilty intent
● To be convicted of most crimes, a person must have done something criminal and
usually must have intended to do it
● Attempts can be subject to half the penalty
Some Principles of Law:
● Only law can define crime and punishment, and laws cannot be changed in the middle of
the game
● Ignorance of the law is no excuse
find more resources at oneclass.com
find more resources at oneclass.com
● No one is compelled to incriminate himself or herself
● No one should be tried twice for the same crime
The System of Criminal Law (Sources):
● Common Law- Law that is based on custom, tradition, and practice and is generally
unwritten
● Statute Law- Written laws that have been enacted by a legislative body, such as the
Parliament of Canada
● Case Law- Law that is established by previous court decisions and based on the rule of
precedent
o Provincial highway traffic acts aren’t included in the Criminal Code but are
statutes and do apply
Categories of Criminal Offences:
● Summary:
o Generally, less serious
o Fine not exceeding $5000 or six months’ incarceration or both
o Ex. Causing a disturbance, a minor assault
● Indictable:
o Generally, more serious offences
o Maximum prison sentence of life
o Ex. Murder, robbery
● Hybrid:
o Offences that may be summary or indictable, based on the Crown’s decision
o Depends on whether summary or indictable
o Ex. Assault, sexual assault
Criminal Law vs. Civil (Tort) Law:
Criminal:
● Public law
● Criminal offenders liable for wrongdoing
● Government assumes responsibility for prosecution and punishment
● Guilt beyond a reasonable doubt
○ Ex. OJ Simpson criminal trial; prosecution did not prove beyond a reasonable
doubt that he was guilty of murder
Civil:
● Private disputes
● Disputes between individuals, where the “loser” may be required to pay damages
● Balance of probabilities
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
The requirement that governments, as well as individuals, be subjected to and abide by the law. Accountability: government, individuals, and private entities are accountable under the law. Public and clear: laws are clear, publicized, stable and just, applied evenly, and protect fundamental rights. Fair and efficient: processes for enacting, administering, and enforcing laws are fair and efficient. Timely and ethical: justice is delivered timely by competent, ethical, and independent, well-resources, and neutral representatives. Guarantees fundamental freedoms, legal rights, and equality rights for all citizens of. Provides protection for individuals and ensures fairness during legal proceedings and before they commence. All components of the criminal justice system must conform to the charter: laws can"t be passed if they"re in violation of the charter. An act or omission that is prohibited by criminal law. Omission: failing to report child abuse, failing to provide necessities of life.
