CRIM 131 Study Guide - Comprehensive Final Exam Guide - Aboriginal Peoples In Canada, Canada, Recidivism

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CRIM 131
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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
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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.
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