Week 2 – Ch.1: Foundations of Crim. Just.

• The Rule of Law

  The requirement that governments, as well as individuals, be subjected to and abide by the law.
• What are the four principles of the rule of law?

  The four principles of the rule of law are:

  1. Accountability
  2. Public and Clear
  3. Fair and Efficient
  4. Timely and Ethical
• Define accountability relative to the "Rule of Law."

  Accountability

  • Government, individuals, and private entities are accountable under the law.
• Define public and clear relative to the "Rule of Law."

  Public and Clear

  • Laws are clear, publicised, stable and just, applied evenly, and protect fundamental rights.
• Define fair and efficient relative to the "Rule of Law."

  Fair and Efficient

  • Processes for enacting, administering, and enforcing laws are fair and efficient.
• Define timely and ethical relative to the "Rule of Law."

  Timely and Ethical

  • Justice is delivered timely by competent, ethical, and independent, well-resourced, and neutral representatives.
• What does it mean when the Charter of Rights and Freedoms is referred to as the "primary law of the land?"

  What it means when the Charter of Rights and Freedoms is referred to as the "primary law of the land" is:

  • Guarantees fundamental freedoms, legal rights, mobility rights, and equality rights for all citizens of Canada, including those accused of crimes.
  • Provides protection for individuals and ensures fairness during legal proceedings.
  • All components of the criminal justice system must conform to the Charter.
• What are the two components of crime that must be present before an individual is guilty of a crime?

  The two components of a crime that must be present before an individual is guilty of a crime are: (1) actus reus and (2) mens rea.
• Define criminal law.

  Criminal Law

  • 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.
• What are the four principles of the law?

  The four principles of the law are:

  1. Only law can define crime and punishment, and laws cannot be changed in the middle of the game.
  2. Ignorance of the law is no excuse.
  3. No one is compelled to incriminate themselves.
  4. No one should be tried twice for the same crime.
• What are the seven functions of criminal law?

  The seven functions of criminal law are:

  1. Mechanism of social control.
  2. Maintains order.
  3. Defines acceptable behaviour.
  4. Reduces risk of personal retaliation.
  5. Assists in general and specific deterrence.
  6. Criminalises behaviour.
  7. Protects group interests.
• What are the three systems within criminal law?

  The three systems within criminal law are:

  1. Common Law
  2. Statute Law
  3. Case Law
• Common Law


  Law that is based on custom, tradition, and practise and is generally unwritten.
• Statute Law


  Written laws that have been enacted by a legislative body, such as the Parliament of Canada.
• Case Law


  Law that is established by previous court decisions and based on the rule of precedent.
• What is stare decisis?

  Stare decisis is:

  • To stand by what was decided.
  • The principle by which higher courts set precedents that the lower courts must follow.
• What is precedent?

  Precedent is:

  • A judicial decision that may be used as a standard in subsequent similar cases.
  • A judge's decision that acts as a rule to guide other judges in resolving similar cases.
• What is a summary offence?

  A summary offence are generally less serious offences – causing a disturbance, a minor assault. Penalties can be a fine not exceeding $5,000 or six months' incarceration or both.
• What is an indictable offence?

  An indictable offence are generally more serious offences – murder, robbery. Penalties can be a maximum prison sentence of life.
• What is a hybrid offence?

  A hybrid offence are those that may be summary or indictable, based on the Crown's decision – assault, sexual assault. The penalty depends on whether it is summary or indictable.
• What is the standard of proof for criminal law?

  Guilt beyond a reasonable doubt.
• What is the standard of proof for civil law?

  Balance of probabilities.
• Who is responsible in a criminal law system?

  The government assumes responsibility for prosecution and punishment. The criminal offenders are liable for wrongdoing.
• Who is responsible in a civil law system?

  Disputes between individuals, where the "loser" may be required to pay damages. These are private disputes.
• What are the two origins and applications of criminal law? Define them.

  The two origins and applications of criminal law are:

  1. Value Consensus Model: The view that what behaviours are defined as criminal and the punishment imposed on offenders reflect commonly held opinions and limits of tolerance.
  2. Conflict Model: The view that crime and punishment reflect the power some groups have to influence the formulation and application of law.
• What are the four historical analysis of law?

  The four historical analysis of law are in an effort to understand:

  • Factors involved in the definition of behaviours as criminal.
  • Increases and decreases in the severity of law.
  • Responses of the criminal justice system.
  • Factors influencing the repeal of criminal law resulting in decriminalisation.