CRM 2300

unwritten law

common law is often thought of as

act, external elements

Actus Reus refers to the prohibited ___, or the ___ of crime

Guilty mind, mental element

Mens Rea refers to the____ ,______ of the crime

court decisions, status, dispute resolution

Common law is a legal system developed though_____ rather than_____. it can be seen as a living tradition of_______.

legislative body

Statute law is a law enacted by a ______

lower court, higher court

Stare decics means _____ have to follow decitions of _______

past dispute, legislative body

The Doctrine of Precedent refers to how judges/courts decide disputes by referring to decisions _______ that were similar to______ for future disputes

consitutinal documents, rights and freedoms

The canadian Chater of rights and freedoms is a _______ guaranteeing fundimental _________

efficiency, repression of crime

Crime Control Model is a model of criminal justice that emphasizes ____ and the _____ through swift and punishment

individual rights, procedual fairness

Due process model emphasizes ____ and_____.

rational actors, individual liberty, limited state power

Liberal principals inculde ,,__ and social contract

state's exclusive right

Monopoly over use of force refers to the_______ to use force

Repaorng harm, reconciliation, reintegration

restortive justice focuses on___,___, and ___ of offenders into the society

unintended victims

transferd intent is hen thr intent to harm one person istransferd to___ when harm occurs

crown, defence counsel, fixed trial

Plea bargaining is the process by witch the ___ and ___ engane indiscussions concering a ___

Parliament, legislative enact

A traial judge's _____ is essential justice because judges are bound only by the laws ____ and/or _____

aiding and abetting, common intention, counselling, accesory after the fact

parties to an offence means indivisual can be held liable for crimes they did not directyly commit including____,,__ and being _____

defence of nesseity

what is the main argument of R vs Dudly?

Criminal Law

A system of laws for crime regulation.

Discursive

Involving discussion to resolve issues.

R v Dudley Stevens

1884 case involving necessity defense.

Necessity Defense

Legal justification for actions in emergencies.

Commuted Sentence

Reduced prison time instead of hanging.

Doctrine of Precedence

Similar situations judged by previous rulings.

Doctrine of Decisis

Lower courts follow higher court decisions.

Common Law

Law developed through court decisions over time.

Due Process

Legal requirement for fair treatment in courts.

Crime Control Model

Focus on repressing crime efficiently.

Due Process Model

Protects individuals from state power abuse.

Charter Rights

Legal rights entrenched in the 1982 Charter.

Section 7

Guarantees life, liberty, and security rights.

Section 8

Protects against unreasonable search and seizure.

Section 9

Prohibits arbitrary detention or imprisonment.

Section 11

Rights related to criminal trials.

Section 15

Ensures equality rights for all citizens.

Abuse of Power

Improper use of authority by officials.

Civil Action

Legal dispute between individuals for damages.

Public Complaints Commission

Body reviewing complaints against police conduct.

Jane Doe Case

Landmark case on police negligence and duty.

Reproduction of Political Authority

State legitimizes violence through legal frameworks.

Myth of Justice

Perception that law ensures fairness and order.

Crown's Goal

Efficiently manage court processes and cases.

Defence Counsel

Legal representative for the accused in court.

Plea Bargaining

Negotiation for lesser charges or sentences.

Kenosha Protests

Demonstrations highlighting police accountability issues.

Police Culture

Norms and values guiding police behavior.

Social Process

Interaction of individuals within societal structures.

Victim

Individual losing security due to transgressor.

Aggravated Assault

Serious physical attack causing injury.

Possession of Weapon

Illegal ownership of a firearm.

Barnard Gotez Case

Subway vigilante incident involving self-defense.

Liberal Principle

State's failure to punish justifies self-defense.

Carter's Definition

Victimhood acknowledges racial challenges in society.

Aiding and Abetting

Assisting another in committing a crime.

Presence + Encouragement

Being there and supporting criminal actions.

Facilitation

Helping prevent victim's escape during crime.

Section 21,2

Common intent in unlawful purpose among offenders.

Transferred Intent

Guilty mind transferred to unintended victim.

Accessory After the Fact

Hiding a criminal to evade justice.

Counseling

Encouraging or urging someone to commit a crime.

Common Intention

Shared purpose among co-offenders.

Legal Issue

Question of law arising in a case.

Master Checklist

Criteria for assessing criminal liability.

Racially Challenged Past

Historical context affecting current victimhood definitions.

Criminal Code

Legal framework defining crimes and penalties.

Conversion

Changing ownership or identity of property unlawfully.

Bail s.515

Legal provision for pre-trial release conditions.

Inquisitorial System

Judicial system where judge investigates cases.

Adversarial System

Legal system where opposing parties present cases.

Kosoian Case

Example illustrating plea bargaining in court.

Plea Bargaining

Negotiation for lesser charges or sentences.

Arresting Officer

Police officer initiating the trial process.

Release Conditions

Terms under which a detained individual may be freed.

Failure to Appear (FTA)

Accused not showing up for court, considered a crime.

Detention for Bail Hearing

Individuals held for maximum 24 hours pre-hearing.

Primary Bid

Main concern: likelihood of FTA.

Secondary Bid

Concerns about reoffending or justice interference.

Rev Onus

Burden shifts if defendant is already on bail.

Recognizance

Legal agreement ensuring appearance without cash deposit.

Own Recognizance

Defendant signs to ensure court appearance.

Surety

Another person guarantees defendant's court appearance.

Detention Order

Court order to keep an individual in custody.

Crown Attorney

State prosecutor in adversarial legal system.

Defence Counsel

Lawyer representing the accused in court.

Viva Voce Evidence

Oral testimony given during court proceedings.

Illegally Obtained Evidence

Evidence not admissible in court due to improper collection.

Public Order Principle

Preference to convict many than risk one guilty escaping.

Criminal Trial

A legal proceeding to determine guilt or innocence.

State Legitimacy

Public acceptance of the state's authority and actions.

Use of Force

State's application of physical power to enforce laws.

De-legitimization

Loss of public trust in state authority.

Ritual of Legitimization

Ceremonial practices reinforcing state authority.

Political Authority

Government's recognized power to enforce laws.

Symbolically Organized Space

Physical setting designed to convey authority and order.

Public Obedience

Collective compliance with state laws and norms.

Morality Play

Public demonstration of ethical principles in trials.

Voting Ritual

Ceremony affirming citizen participation in governance.

Capitol Hill Riot

Attack disrupting the electoral vote counting process.

Rule of Law

Legal principle that law applies equally to all.

Collective Image

Shared perception of political authority in society.