CRIM 131 Study Guide - Spring 2018, Comprehensive Midterm Notes - Aboriginal Peoples In Canada, Canada, Recidivism
12 Oct 2018
School
Department
Course
Professor
CRIM 131
MIDTERM EXAM
STUDY GUIDE
Fall 2018
1
Criminology
Lecture : Introduction to the Canadian Criminal Justice System 3onday January th,
Term Paper: March 26th
Midterm Exam: February 26th (25%)
Final Exam: April 15th (30%)
What does the term system imply?
- Functional
- Thought out like a process
- Layers
- Compiled within people in society
- Reliable
- It works
- Organized to a degree
- Multiple parts or pieces working together
- It can be built upon
Is the CJS actually a system? Use word ‘system’ to imply that it works, but does it really?
Why doesn’t it work?
- Money industry (Durkheim theory: reassign what is a crime if there were no crimes)
- Means for control
- Lack of actual justice and equality (over representation and over processing of certain
groups of individuals)
Lecture , Week : Introduction to the Canadian CJS 3onday January nd,
Chapter : whe Foundations of Criminal Justice System
whe ”ule of La
What is it? The requirement that governments, as well as individuals, be subjected to and abide
by the law.
●No one person is above the law
●All persons are bound to the law and entitled to protection by the law
●The law should be observed and enforced equally
English Magna Carta
●Along with other documents provided the basis for the emergence of the rule of law
●Became the foundation of the English law and, subsequently, of the Canadian
(English-speaking) legal system
Canadian Charter of Rights and Freedoms
find more resources at oneclass.com
find more resources at oneclass.com
2
What is it? The primary law of the land and guarantees fundamental freedoms, legal rights, and
equality rights for all the citizens of Canada, including those accused of crime.
●The influence of the rule of law and the Magna Carta can be seen in the Charter of
Rights and Freedoms
●It provides protections for individuals and ensures fairness during legal proceedings
●Components of the CJS must work to ensure they do not violate the rights established
●The CJS does not always act in ways that protect it
The Criminal Law
What is it? The body of law that deals with conduct considered so harmful to society as a whole
that is prohibited by statute and prosecuted and punished by the government.
●Public law
●Defines acts or omissions that are against the law and the penalties available
●Set out rules agents of the CJS must follow in criminal matters:
○procedure for making arrests
○gathering evidence
○presenting evidence in court
●Private law- regulates the relationships between individuals other than the state and is
used to resolve disputes between private citizens
Functions/Purposes of Criminal Law
●Mechanism of social control (informal and formal)
●Maintain order
●Establishes parameters of acceptable behaviour
●Reduces risk of personal retaliation
●Assists general (whole population) and specific (one specific individual) deterrence
(Problem: what might deter someone might not be the case for another individual)
●Criminalizes behaviour
●Punishment
●Protects group interests (government official, etc.)
●Prevention of future crimes
●Marginalizes the most vulnerable groups of society
Principles of Canadian La
1. Actus non facit reum nisi mens sit rea: Every crime has two components- mens rea and
actus reus. An act does not make someone guilty unless they have a guilty mind.
Children under 12 and mentally ill are considered uncable of mens rea.
2. Nullum crimen sine lege, nulla poena sine lege: No crime with law, no punishment
without law. Law cannot be applied retroactively.
3. Ignorantia juris non excusat: Ignorance of the law is no excuse. Expected that every
citizen is familiar with laws and therefore they know legal from illegal.
4. Nemo tenetur seipsum accusare: No one is compelled to incriminate himself or herself.
Criminal suspects and defendants can remain silent, can avoid testifying, and if forced to
confess this is not admissible in court.
5. Nemo debet bis vexari pro eadem causa: No one should be twice troubled by the same
cause. Known as double jeopardy, an offender cannot be tried twice for the same
offence.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Lecture (cid:624): introduction to the canadian criminal justice system. Money industry (durkheim theory: reassign what is a crime if there were no crimes) Lack of actual justice and equality (over representation and over processing of certain groups of individuals) Lecture (cid:625), week (cid:626): introduction to the canadian cjs. Chapter (cid:624): whe foundations of criminal justice system whe ule of la(cid:435) The requirement that governments, as well as individuals, be subjected to and abide by the law. No one person is above the law. All persons are bound to the law and entitled to protection by the law. The law should be observed and enforced equally. Along with other documents provided the basis for the emergence of the rule of law. Became the foundation of the english law and, subsequently, of the canadian. The primary law of the land and guarantees fundamental freedoms, legal rights, and equality rights for all the citizens of canada, including those accused of crime.
