Understanding Crime and Criminal Law
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Understanding Crime and Criminal Law

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Questions and Answers

What is required for an act to be classified as a crime under the formal legal definition?

  • The act must violate a provision in criminal law. (correct)
  • There must be a failure to act.
  • The act should be perceived negatively by the public.
  • The act must cause social harm.

    • Which of the following best describes the concept of Mens Rea in relation to crime?

  • It is the intention to commit a crime at the same time as the act. (correct)
  • It involves the legal consequences of failing to act.
  • It refers to the physical act of committing a crime.
  • It represents the societal view on illegal behaviors.

    • How does the legal status of a behavior typically change according to societal perceptions?

  • Changes in political leadership affect legal statuses more than social perception.
  • Social response to behavior directly influences legislative changes. (correct)
  • Legal status is immutable and does not reflect social norms.
  • Economic trends alone dictate what behaviors are criminalized.

    • Which concept legitimizes the exclusion of certain behaviors from being defined as crimes?

    <p>Omissions under established duty of care.</p> Signup and view all the answers

    Which of the following statements about the Criminal Code in Canada is TRUE?

    <p>The Federal Government has exclusive jurisdiction over the Criminal Code.</p> Signup and view all the answers

    What characterizes zombie laws in the context of legal enforcement?

    <p>Laws that are technically illegal but lack prosecution efforts</p> Signup and view all the answers

    How does the social response to behavior influence crime definitions?

    <p>Crime may vary greatly between cultures, reflecting societal values rather than inherent behaviors.</p> Signup and view all the answers

    In the context of laws versus justice, which statement best reflects the nature of laws?

    <p>Laws are formal rules created and enforced by government entities.</p> Signup and view all the answers

    What distinguishes deviance from criminal behavior?

    <p>Deviance includes behaviors that are contrary to societal norms but not necessarily criminalized.</p> Signup and view all the answers

    What was a significant historical element of the rule of law established in 1215 CE?

    <p>It emphasized the importance of fair legal processes and protections of freedoms.</p> Signup and view all the answers

    Study Notes

    Defining Crime

    • Crime can be defined as a deviation from societal norms.
    • Crime is a violation of a law, which are established by individuals in power.
    • The definition of crime is dependent on the society and its values.
    • Morality plays a role in defining crime, with some definitions appealing to a higher power, known as "natural law".
    • Crime can be defined in two broad ways:
      • Breaking a law.
      • Violating morality and causing social harm.

    How Laws Are Enforced and The Criminal Code

    • The Criminal Code outlines all federal crimes in Canada.
    • The Federal Government creates, amends, and repeals criminal law.
    • The Criminal Code is based on sections 91 and 92 of the Constitution Act, 1867.

    Elements of Crime

    • For an act to be considered a crime, it must include both:
      • Actus Reus: The physical act of committing a crime, or a failure to act.
      • Mens Rea: The mental intent to commit the crime.
    • There must be a concurrence (alignment) between the act and the intent.

    Social Construction of Crime

    • The definition of crime changes over time based on social values and perceptions.
    • Social construction helps understand what is and isn't considered a crime.
    • The same act can be considered a crime in one location, but an honor in another.

    Law vs. Justice

    • Law: Formal rules established to maintain order and regulate behavior.
    • Justice: A broader concept based on fairness, morality, and equality, aiming to address injustices.

    Equality, Equity, and Justice

    • Justice is an abstract concept that encompasses equity and equality.
    • The justice system is meant to uphold the values of legal systems.

    Deviance vs Crime

    • Deviance: Behaviour seen as contrary to societal norms and values (e.g., manners, customs).
    • Crime: Deviance that causes harm and is made illegal by legislation.

    Historical Analysis of Crime

    • Criminologists research how social, economic, and political factors impact legislation over time.

    The Rule of Law

    • The rule of law dates back to 1215 CE and is based on the idea of a social contract.
    • Citizens surrender certain freedoms in exchange for state protection through legal prosecution.
    • This framework ensures fairness, transparency, and accountability.

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    Description

    This quiz explores the definitions of crime, the enforcement of laws, and the key elements of criminality such as actus reus and mens rea. It provides insights into the societal context of crime and the structure of Canada's Criminal Code. Test your knowledge of how crime is defined and prosecuted in a legal framework.

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