Foundations of Criminal Justice Chapter 1

Chapter 1: Foundations of Criminal Justice

• The criminal justice system is a vital part of Canadian society, yet it's complex, often controversial, and its effectiveness in achieving justice varies depending on perspective.
• Critical thinking involves questioning assumptions, evaluating evidence, considering diverse viewpoints, and maintaining an open mind.

Chapter Learning Objectives

• Students should understand critical thinking.
• They should know how crime is defined and constructed.
• Different perspectives on the origins and application of criminal law should be explored.
• The various types of Canadian laws and functions of criminal law should be identified.
• Key principles of Canadian law should be discussed.
• The origins and importance of the rule of law are to be described.
• The Canadian Charter of Rights and Freedoms and its main provisions are to be understood.
• The Canadian Criminal Code should be discussed.
• Issues surrounding the application of the law in a diverse society should be considered.

What is a Crime?

• A crime is an act or omission forbidden by law.
• Two key elements must be present for a crime:
  • Actus reus (the act): The physical act committed.
  • Mens rea (the mental intent): The intent to commit the act.
• A crime is committed when a person:
  • Commits an act or fails to act when legally obligated.
  • Possesses the necessary intent (mens rea).
  • Has no legal defence or justification for the act.
  • Violates a provision in criminal law.

The Social Construction of Crime

• Deviance is behaviour that goes against societal norms and values.
• Crime is behaviour that violates the law.
• Deviance is distinct from criminal behaviour and includes many types of behaviours, some not illegal; and what's considered deviant can change over time.
• Criminologists examine historical factors to understand how behaviours become criminal, the severity of criminal laws, the responses of the criminal justice system, and the reasons for decriminalization.
• The social, economic, and political environment can influence legislation.
• Moral entrepreneurs can play a significant role in determining what actions are criminalized by applying pressure on legislators to enact criminal statutes.

At Issue: Medical Assistance in Dying

• In 2015, the Supreme Court of Canada ruled that certain sections of the Criminal Code prohibiting physician-assisted death were unconstitutional.
• In 2016, Bill C-14 legalized medically assisted dying for terminally ill patients.

Questions about Medical Assistance in Dying

• Balancing the legal and ethical issues surrounding assisted dying is necessary.
• Should this be a legal issue?
• All physicians aren't obliged by law to assist in dying or refer patients to others who will.
• The interplay between law, religious views, and professional ethics is important.

Types of Canadian Law

• Substantive law defines rights and responsibilities within society.
• Procedural law outlines the legal process for protecting and enforcing these rights.
• Canadian law is comprised of public and civil law, which includes constitutional, administrative, and criminal law, further subdivided.

The Canadian Legal System

• Canada operates under a common law system, except in Quebec, which uses civil law based on the French Code Napoléon.
• Common law is based on custom, tradition, and practice, often unwritten.
• Precedent is a judicial decision that can be applied to subsequent similar cases.

Sources of Criminal Law

• Criminal law sources are legislation (e.g., the Criminal Code) and judicial decisions.

Principles of Canadian Law

• Actus reus (the act) and mens rea (the intent) are fundamental pillars in determining criminal responsibility.
• The law prohibits retroactive application.
• Criminal defendants have rights, including the right to remain silent.
• An individual cannot be tried twice for the same crime (double jeopardy).

The Rule of Law

• Law should dictate the conduct of governments and individuals.
• The rule of law has roots in the English Magna Carta.
• Key aspects include accountability under the law, public and clear laws, fair and efficient processes, timely and ethical justice.

The Canadian Charter of Rights and Freedoms

• The Charter guarantees fundamental freedoms, rights, and quality rights to all Canadians, including those accused of crimes.

Criminal Code of Canada

• This federal legislation outlines criminal laws and procedures for prosecuting criminal offences, and sentencing and administration of justice.
• The Canadian Criminal Code was established in 1892 and has been modified significantly to reflect societal changes.

Criminal Law vs. Civil Law

• Criminal law deals with offenses against society, while civil law deals with disputes between individuals over issues like property or damages.
• In criminal cases, the prosecution aims to prove guilt beyond a reasonable doubt, whereas in civil cases, the burden of proof is a preponderance of evidence.

At Issue: Application of Criminal Law to Religious Practices

• Some legislation, like Bill 62 in Quebec, has been debated for applying criminal law to religious practices.
• This can lead to conflicts when balancing freedoms with societal norms.