CRM 2300 final ver

specific cases, social problems

criminal law is made up of _____, to deal with ____ in people

unwritten law, discursive

Criminal law is referred to as ____, resolved through talking, which is considered to be ___

defence of nessesity

1884 Dudly case's main legal issue is

reduce

commune sentence is when stete interfere to __ sentence

fixed body, living tradition of dispute reason

Rather than see common law as ____, it is preferable to see it as ___

lawful authority

When William the Conqueror comes to the UK, they have to legitimize their potion as ___

doctrine of precedence, stare decisis

The common law developed two doctrines. Which one rules that judges must follow previously decided law, and what is the Latin version of it?

England

liberal principals reflect _____ 's ideology

Imunnity to artificial fact

Sitting presidents can not be charged when they are acting within constitutional authority; what is this called

execution, court

What are the two rules of criminal law? 1 restrict _____ power, 2 restrict traditional power(___). due process model

states

Rule of law states that everyone has to follow the law, especially the___

acuused, MOUF

DPM is designed to protect _____ from the states _____

repress, managerial

CCM is desiged to ____ crime though _____ approach

legal rules

CCM's underlying perspective is that _____ gets in the way of justice

prevention, punishing

The similarity of CCM DPM is that it is not about crime ____, but it is about _____, the transgressor

screen out, vulnerable citizen

Rittenhouse's case demonstrates different approaches. CCM and DPM have CCM _____ out Rittenhouse as innocent because, in their perspective, protesters are the "bad ones," and DPM views the victims as a "____."

1982

The charter entrenched DMP in

life, liberty, security of the person - fundamental justice

The charter s7

unreasonable search and seizure

The charter s8

no arbitrary detention or imprisonment

The charter s9

Legal Rights

The charter s11

practical exercise, unchecked

Crim law is a ____ to reduce the risk of ___ power

ligitmency

Rittenhouse case DPM: the police are servants of the government, and citizens are the ones has ____

police culture

Rittenhouse case CCM: This kneeling action implies that the police are not always the Justice, and it goes against the ___

public complaints commision

What is a way of submitting public feedback to the police? Witch often dismissed because CCM complicates the definition of the police's use of power

disciplinary hearing

What is a police employee hearing that officers have to show every piece of evidence they have?

DPM

By disciplinary hearing, a police officer will likely lose their job; what legal system protects this vulnerable citizen?

civil, individual

_____ action against police is more likey to succeed because it is ____ vs______

crown, police

In criminal procecution, ___ and ___ officer have to work close.

unsucessful

Criminal prosecution against police officers tends to be ____ because in order for the crown to execute, they need fellow police officer's help.

legal burden of proof

Beyond a reasonable doubt is the _____ required to affirm a conviction in a criminal case

victmising

public complaints commision (SIU) is often seen as ____ officer

reproduce political authority

the court room is desiged to ______

indivusual, state

trial act out particuler relation between____ and ____

citizen+

police are ____

initiate the trial process

role of police officer

release

job of arresting officer is to

a) They can't establish their identity to make sure that you're asking the right person to attend court

b) They need to preserve evidence

c) Prevent further offences (specifically about intimidating witnesses)

d) Reason to believe that the accused will fail to appear in court (FTA = crime)

Job of this officer is to release that person and give them a way to initiate the trial process Unless

reoffend or interfare with police officer, D is alredy on bail

what are reason police oficcers can detain insivisual after hearing for 24h

a) "own recognizance"

b) "surety"

c) no conditions

d) conditions attached

Option for release is recognizance $, don't have to deposit, just prove they have it, they pay if they don't appear a)— only D signs b)_____— another person signs c) d)

before anything happens,

role of judge, crown, defence in inquisitorial system works in a) def crimes a priori ______ code

facts, truth, crown, police

role of CJS is to establish ____ and ____, and the judge invastgate based upon a file the ____ and ____ put together

9 innocent Ds

better to convict ____ than to let 1 guilty go free

adversarial

_____ system (common law)

retroactively

def crimes post de facto is most typically used to refer to a criminal statute that punishes actions ____, thereby criminalizing conduct that was legal when originally performed.

crown,defence

___ and ___ display their side of the story, and the judge decides the "Facts."

adversaries

rational self interest — CrAtt (State) + Def/D =

political authority, visible rituals

The criminal trial is a social ritual:

1. that reproduces _____

2. in symbolically organized public space

3. through repeated ___

political authority

The criminal trial is "the single most powerful collective image of ______"

prohibitate,penalty

Criminal law power are power to ____ individual and gove individual ___

serious, procedural

Indictable offences are most ____ and most ___ protections

serious, procedural

Summary conviction offences less ___ (max 6 months or $5,000) less ___ protections

Crown, indictable

Dual or hybrid offences. ___ can elect to proceed by indictment or summarily. Until the election, treated as ___

Criminal Code of Canada, Controlled Drugs and

Substances Act, Youth Criminal Justice Act, Canadian Environmental

Protection Act

Criminal Federal Government e.g. Prohibition,Penalty,Public injury

Highway Traffic Act, Public health law

Provincial Governments e.g.

states negligence, breach of liberty and sanction

Jan Doe case is a great dimonstration of 1_____ and 2 charter s7 _____

reproduction of political authority

What is the name of the process that legitimizes the state's use of violence against offenders and translates that violence into the rule of law?

to run court effciantly

what is the job of crown?

to reduce consequence of the acuused actions for the accused

what is the job of defence counsel?

the defenition of victimhood

what is Barnard Gotez case "Subway Vigilante"'s main legal issue?

physical/liberty or property or security

the reason bernard was seen as victom is that in loberal principal, a victim is who loses ________ because of an individual/ trasgressor

it ignores the underlying racial history

what is the issue Carter claims in liberal defenition of liberal defenition of victimhood?

Color Code

Carter: ____ your prepetrator and ___ your victim

state, public

Liberal definition: if the __ can not punish transgressors to make sense for the ___ to take action.

Carter

who came up with altanative defnition of victomhood?

altanative defenition of victomhood

What is the definition of victimhood that acknowledges racially challenged past and present, compared too

because if we only foucus on carter's defenition we lose accountability of individual

why we cant get rid of neoliberal defenition?

aiding and abetting

what is main legal issue of Rvs Dunlop case?

presence + encouragement

presence + facilitation

What is a requirement for an act to be considered aiding and abetting

look out, prevent the victim from running etc

what does faciliation mean in sence of aiding and abetting?

the defenition of encouragement

what is a main legal isuue in curren case?

it can not be poven that Dafoe men to encourage Curren by saying "dead man can still talk"

why in curren and Dafoe case dafoe was not considerd to be aiding and abbeting even though dafoe was present?

party of offence

Anyone who helps, encourages, advises, or protects the principal offender may also be a party to the offence and can be charged with that offence even though he did not actually commit it

Common Intention(they should have known that victim can be died)

what is a main legal issue of Pufferm Mcfell, Kizma case?

Rec, Procure, Solicit, Insite/urge

what is defenition of counseling

Accesory after the fact

a person who knowingly aids someone who has committed a crime.

transferred

when the guilty act harmed someone out of guilty mind, the guilty mind of harming people can be __

actus reas, mens rea

The master checklist is D committed ___, D have acquired ____, any defence or excuse if no → convict

theft, convert

Theft is a crime witch is defened the crime and action, which incluse both ____ and ____