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Questions and Answers
Who is responsible for overseeing judicial affairs at the provincial level in Canada?
Who is responsible for overseeing judicial affairs at the provincial level in Canada?
Which level of government is responsible for passing criminal law in Canada?
Which level of government is responsible for passing criminal law in Canada?
What type of offenses are handled in provincial courts?
What type of offenses are handled in provincial courts?
What roles do Crown attorneys in Canada perform?
What roles do Crown attorneys in Canada perform?
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Which of the following is a responsibility of municipal governments in Canada?
Which of the following is a responsibility of municipal governments in Canada?
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What kind of law governs the conduct of administrative agencies at the provincial level?
What kind of law governs the conduct of administrative agencies at the provincial level?
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Which statement about non-custodial programming is true?
Which statement about non-custodial programming is true?
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Which of the following best describes municipal policing responsibilities?
Which of the following best describes municipal policing responsibilities?
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What is the primary focus of target hardening in crime prevention?
What is the primary focus of target hardening in crime prevention?
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Specific deterrence is aimed at which of the following?
Specific deterrence is aimed at which of the following?
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Retributive punishment is based on which principle?
Retributive punishment is based on which principle?
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Which concept emphasizes the minimum intrusion of government in justice?
Which concept emphasizes the minimum intrusion of government in justice?
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What is the key role of due process in the criminal justice system?
What is the key role of due process in the criminal justice system?
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Who is responsible for creating federal statutes in Canada?
Who is responsible for creating federal statutes in Canada?
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Which act is managed by the federal corrections system?
Which act is managed by the federal corrections system?
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What is a central responsibility of the RCMP in Canada?
What is a central responsibility of the RCMP in Canada?
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What does mens rea refer to in the context of criminal law?
What does mens rea refer to in the context of criminal law?
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Which level of mens rea is characterized by a person knowing harm could occur but not intending it?
Which level of mens rea is characterized by a person knowing harm could occur but not intending it?
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What is the principle of concurrence in criminal law?
What is the principle of concurrence in criminal law?
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What does the term actus reus refer to?
What does the term actus reus refer to?
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How does general deterrence function in relation to crime policy?
How does general deterrence function in relation to crime policy?
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In which situation would recklessness be the appropriate level of mens rea?
In which situation would recklessness be the appropriate level of mens rea?
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What aspect of crime policy does the Chicago school emphasize?
What aspect of crime policy does the Chicago school emphasize?
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What is meant by self-policing within a community?
What is meant by self-policing within a community?
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What is an arrest warrant?
What is an arrest warrant?
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In which court are summary conviction charges typically heard?
In which court are summary conviction charges typically heard?
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What defines a hybrid offense?
What defines a hybrid offense?
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What occurs during a preliminary hearing?
What occurs during a preliminary hearing?
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What is a custodial sentence?
What is a custodial sentence?
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What happens if illegal evidence is admitted in court?
What happens if illegal evidence is admitted in court?
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What is criminology primarily concerned with?
What is criminology primarily concerned with?
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If a sentence is more than two years, what does the two-year rule designate?
If a sentence is more than two years, what does the two-year rule designate?
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Study Notes
Mens Rea
- Mens rea refers to the mental element of a crime, demonstrating the level of blameworthiness.
- Different levels of mens rea exist, including:
- Intention: The offender deliberately commits the act, knowing it could cause harm.
- Knowledge: The offender is aware of the potential harm but doesn't intend it.
- Recklessness: The offender recognizes the risk of harm but proceeds anyway, disregarding the consequences.
- Negligence: The offender fails to foresee the potential harm, despite it being reasonably foreseeable by a normal person.
Actus Rea
- Actus rea refers to the physical act or omission that constitutes the crime.
- This includes actions, omissions, threats, attempts, and possession.
- Concurrence requires that the intent (mens rea) precedes and is related to the act (actus rea).
Chicago School
- A group of scholars who believed that delinquency and crime arise from a lack of community support in instilling moral codes.
- Emphasized the importance of self-policing for maintaining order within communities.
Carceral Network/Archipelago
- A network of institutions and systems that exert social control and discipline.
- Includes education, intimacy, work, child-rearing, and the criminal justice system.
Crime Policy
- A consistent strategy employed by actors to address a problem or concern related to crime.
Deterrence
- General Deterrence: The use of potential punishment to discourage crime, often through the threat of consequences.
- Specific Deterrence: The use of actual punishment to deter offenders from committing future crimes.
Target Hardening
- Measures taken to strengthen security and deter property crimes.
- Examples include surveillance cameras, neighborhood watch programs, and reinforced entry points.
Punishment
- Retributive Punishment: Focuses on punishing the offender proportionally to the harm inflicted, emphasizing retribution.
- Rehabilitative Punishment: Aims to address the root causes of the offense, seeking to rehabilitate the offender.
Liberal Justice
- Emphasizes individual freedom and rights, advocating for minimal government interference.
- Based on the principle of human rights, recognizing inalienable rights and equality.
- Due Process: Requires the government to uphold legal rights during criminal justice procedures, following principles enshrined in Canada's Constitution and Charter of Rights and Freedoms.
Levels of Government
-
Federal Government: Creates, amends, and repeals criminal law.
- Administers justice, oversees the RCMP, federal corrections, Crown prosecutors, and judges at the Superior, Appeal, and Supreme Court levels.
-
Provincial and Territorial Governments: Administer justice within their respective jurisdictions.
- Appoint Ministers of Justice, handle summary conviction offenses, hire Crown attorneys, provide legal aid, oversee provincial police acts, maintain correctional facilities for sentences under two years, and manage non-custodial programs.
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Municipal Governments: Create bylaw and oversee policing within their cities.
- Bylaws regulate space, such as parking, smoking, building permits, and noise.
Policing Process
- Police respond to suspected criminal events.
- Gather evidence, conduct investigations, and may detain, arrest, or seek an arrest warrant.
- Information: A sworn written statement alleging a specific criminal offense.
- Arrest Warrant: Judicial authorization for the arrest of a specific person.
Court Procedures
- The accused faces a first court appearance.
- They can plead guilty or not guilty.
- Summary conviction offenses are heard in provincial court by a judge, while indictable offenses are heard in Superior Court by a judge or a jury.
- Hybrid offenses can be tried under summary conviction or indictable procedures.
- Preliminary hearing: Determines if enough evidence exists to proceed to a trial.
Evidentiary and Procedural Law
- Strict legal rules govern evidence collection and presentation in court.
- Ensure a fair trial by preventing the admission of illegally obtained evidence.
Corrections
- Convicted individuals receive either a community sentence or a custodial sentence.
- Custodial sentence: Involves imprisonment, ranging from days to years.
- Two-year rule: Sentences exceeding two years require placement in a federal institution.
Criminology in Canada
- The study of crime and society.
- Offers perspectives on crime, criminals, and crime control, often drawing on sociology.
- Connects with crime control practices implemented by government and community agencies.
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Description
This quiz explores the foundational concepts of Mens Rea and Actus Rea in criminal law. Understand the differing levels of blameworthiness in criminal acts and the significance of the physical act in legal terms. Test your knowledge of these crucial legal principles and their implications in jurisprudence.
