Key Points Review

• A critical thinker considers multiple points of view and is fair and open-minded to all ideas.
• It can be said that crime is a social construction in that what is considered criminal behaviour changes based on the social response to the behaviour rather than the behaviour itself.
• There are differing views on the origins and application of the criminal law, one that considers the law and its application as reflection of societal consensus and the other that emphasises the role of the criminal law as an instrument of the powerful.
• The criminal law is one type of public law.
• The two primary sources of criminal law are legislation and judicial decisions.
• The Canadian legal system is a common law system except for Quebec, which has a civil law system. Although, the Criminal Code applies to the entire country.
• The criminal law has a number of functions including: maintaining order, defining the parameters of acceptable behaviour, and assisting in general and specific deterrence, among others.
• There are a number of principles that provide the foundation for Canadian law, including the two components of crime: actus reus (the act of doing something) and mens rea (guilty intent).
• A key component of the criminal justice system is the rule of law, which was first established in the Magna Carta in English in 1215 and is composed of a number of key principles, including that government, individuals, and private entities are accountable under the law and that laws must be evenly applied and must protect the fundamental rights of citizens.
• Another key component of the foundation of the criminal justice system is the Charter of Rights and Freedoms.
• Canadian Criminal Law is enshrined in the Criminal Code.
• There are key differences between the criminal and civil law.
• The application of the criminal law is challenging in a diverse society.