Soc 3260B Final Definitions

social control

any action, either deliberate or unconscious, that influences conduct toward conformity, whether or not the persons being influenced are aware of the process

specific deterrence

deterring the offender in question from committing offences in the future

general deterrence

deter the public at large from committing offences

retribution

justification of punishment exemplified by the "eye for an eye" concept, punishment must match the degree of harm inflicted on victims

incapacitation

the inability of incarcerated criminals to victimize people outside the prison walls

rehabilitation

to restore or return to constructive or healthy activity

reintegration

use the time that criminals are under correctional supervision to prepare them to reenter the free community as well to be as equipped to do so as possible

compensatory legal "style"

involves some breach of obligation resulting in an accused debtor and an alleged victim, the solution necessary to restore social harmony is payment of the debt

conciliatory legal "style"

involves a breach in a harmonious relationship between 2 people who are now disputants, no consideration of who is right or wrong, just concern for a fair and reasonable resolution of the problem

penal legal "style"

a person has violated some aspect of the penal code, and thus is subject to punishment

therapeutic legal "style"

a person's unacceptable conduct is considered "sick" and in need of treatment rather than the result of willful misbehavior deserving of punishment

plea bargaining

pleading guilty in exchange for a lighter sentence

snitch testimony

testimony by informants serving time or awaiting sentencing who make up stories to support the police or prosecutor's version in exchange for some consideration, such as reduction in own sentences or charge dismissal.

writ of mandamus

court order compelling a public official to do their duty

principles of fundamental justice

the basic tenets and principles not only of our judicial process but also of the other components of our legal system

oakes test

notwithstanding clause

actus reus

the physical act (or omission) of a crime

mens rea

the mental element of a crime

recklessness

situations where a person does not desire to bring about a particular wrongful consequence, but is nevertheless taking an unjustifiable risk, foreseeing that a wrongful consequence might occur

willful blindness

state of mind in which a wrongdoer chooses to remain ignorant of suspicious circumstances

intent

highest degree of blameworthiness, refers to situations where an individual wished to bring about a certain wrongful consequence

motive

explains the reasons for committing a given offence, not relevant to determining the guilt or innocence of the accused

summary conviction offences

less serious, tried through a simpler procedure, penalties usually up to 6 months in jail and/or a fine of up to $2000

indictable offences

more serious, involve more complex procedures, maximum penalties vary but can be up to life imprisonment

hybrid offences

those that, on the election of the prosecution, can be tried either on a summary conviction or by way of indictment

true crimes

acts that are considered inherently wrong both morally and legally (murder, assault); both actus reus and the mens rea must be proven to achieve a conviction

regulatory offences (quasi-criminal)

deal with activities that we generally consider desirable (driving, construction), yet recognize that, if they were carried out without proper standards of care, they could result in injury to individuals or the public at large

attempt

attempt to commit an offence is an offence in itself

conspiracy

agreement between two or more people to carry out a criminal offence, even before any actions have been taken to implement it, often used as a charge in relation to organized crime activities

principal offender

a person who has carried out the wrongful act

aiding

providing assistance either prior to or in the course of an offence

abetting

encouraging an offence

counselling an offence

procuring, soliciting, or inciting someone to commit an offence, can be held criminally responsible even if the offence has not been committed or has been committed in a different way from that counselled

accessory after the fact

knowingly providing assistance to an offender after the commission of an offence; ex) food, shelter, or information to help escape authorities

defences

circumstances that may exempt the offender from liability, full leads to acquittal, partial leads to a charge reduction

not criminally responsible

mental disorder that makes one incapable of appreciating the nature and quality of the act or omission or of knowing that their actions were wrong

automatism

situations when a person is in a state of impaired consciousness and, as a result, has no voluntary control over their actions

provocation

only applies to the charge of murder and is a partial defence, results in reduction from murder to manslaughter

duress

when a person is forced by someone else to commit an offence

necessity

situations where a person is forced to commit a wrongful act

mistake of fact

situations where an individual was mistaken about the circumstances at hand and had no reason to believe that they were committing an offence

conditional sentence

form of imprisonment that is served in a community under conditions that may include house arrest, curfew, and enrollment in a treatment program

tort law

body of rules that determines under what circumstances and how victims of wrongdoings may recover compensation for the harm that they have suffered in noncontractual relations

ombudsman

impartial and independent officer established to investigate allegations of maladministration and to make recommendations for improvement

compensatory damages

seeks to compensate various losses by the plaintiff, includes special damages, general damages, and aggravated damages

special damages

to compensate plaintiffs for actual monetary losses and out-of-pocket expenses incurred prior to the judgment of the case; ex) medical expenses

general damages

to compensate plaintiffs for anticipated future expenses such as loss of future income or future medical expenses, may also be claimed for nonmonetary losses such as pain and suffering

aggravated damages

can be claimed when the defendants particularly outrageous conduct has exacerbated the plaintiffs injuries and brought about additional mental distress or humiliation

punitive damages

serve to punish the defendant for outrageous conduct and deter others from committing similar acts

economic approach in the analysis of tort law

focuses on the efficient allocation of resources and views deterrence as the main rationale for tort law liability

corrective justice approach in the analysis of tort law

analyzes tort law from the perspective of a moral theory, views compensation to the victim as one of the main functions of tort law

critical scholarship approach in the analysis of tort law

seeks to question that neutrality of tort law rules and expose their differential impact on various groups based on race, gender, class, and other characteristics

public international law

regulates the behavior of states and international organizations and determines their rights and obligations

treaty

international agreement between states that intends to create binding legal obligations, can be bilateral (between 2 states), or multilateral (with participation of several states)

direct discrimination

occurs when an action or a rule on its face discriminates on a prohibited ground

constructive discrimination

policies or practices that appear neutral, but in reality have a differential impact on groups protected by human rights codes, creating disadvantage or stereotyping

harassment

vexatious comments or conduct based on one of the prohibited grounds that is known or ought to be known as unwelcome

poisoned environment

develops when an individual is made to feel unwelcome in a certain setting because of insulting or degrading comments or actions that have been made based on a prohibited ground

bona fide occupational requirement (BFOR)

requirement that is necessary for proper and safe performance of a job

criminal law

concerned with the definition of crime and the prosecution and penal treatment of offenders

civil law

consists of a body of rules and procedures intended to govern the conduct of individuals in their relationships with others

free, prior, and informed consent (FPIC)

healthcare providers must freely explain a medical procedure, including its risks, benefits, and options, before it happens, patient must agree to the procedure freely, without pressure or force, but this definition doesn't include the patient-provider power imbalance

brenda

drug addict, 7th child, harassed to give in to hospital staff, told she wouldn't receive treatment unless she signed it, power imbalance exerted

melika

single mother, seen as inferior, doctors lied saying it was reversible, used power to disadvantage her

roxanne

HIV positive, forced to sign, nurses continued to pressure her, she didn't even know she signed the form

trauma-informed care

resists re-traumatization, recognizes the needs of individuals, builds a sense of control and empowerment in survivors, helps them direct their own lives

intimate partner violence (IPV)

behavior by an intimate partner or an ex-partner that can cause or causes physical, sexual, or psychological harm

institutional discrimination

discrimination built into the policies and practices of organizations or institutions (like schools, workplaces, or government), even if not intentional

structural discrimination

broader system where social, economic, and political structures create and maintain inequality across society over time

islamophobia

racism, stereotypes, prejudice, or hostility toward individual Muslims or followers of Islam in general

palestine exception

where discussion is normally encouraged like in human rights groups, palestine talk is often silenced and excluded

bill 21

bans public employees in Quebec from wearing religious symbols

human rights

basic rights and freedoms every person in the world has from birth until death