Criminal Law and Justice System: Definitions and Models

Antisocial Behaviour

Conduct that can be disruptive and reduce our quality of life, but might not be considered a criminal act.

Informal Social Control

The actions of individuals, such as their praise or disapproval, that make people conform to the law and other social norms.

Norms

Standards of acceptable behavior that are based on tradition, customs, and values.

Public Law

A type of law addressing matters that affect society (such as responding to a person who commits a criminal act).

Private Law / Civil Law

Legal matters that relate to the relationships between individuals or businesses that involve contracts.

Criminal Code

A federal statute first enacted in 1892 that defines acts considered to be crimes in Canada and lists the consequences for violating them.

Malum in Se

An act that is universally considered by the public as being evil or harmful to society (e.g., homicide).

Malum Prohibitum

An act that is defined as illegal or wrong by a government, but is not considered wrong in itself (e.g., speeding on a highway).

Summary Offences

Crimes that carry a less serious punishment in which judges can impose a jail sentence of up to six months and/or a maximum fine of $2,000 on an offender.

Indictable Offences

Serious offences, such as homicide, where the defendants must appear in court and cases are heard before federally appointed judges.

Dual Offences

Offences that can be prosecuted as either summary offences or indictable offences.

Discretion

The authority present in all components of the criminal justice system enabling workers to choose among alternative courses of action to operate more effectively and efficiently.

Filtering

The movement of offenders through the criminal justice system where individuals are screened out at various stages (often described via the criminal justice funnel).

Sequencing

The principle that the treatment of persons involved in the justice system follows a set pattern dictated by law and policy (e.g., individuals are not punished before being convicted).

Crime Control Model

A model based on the philosophy that it is more important to protect society than the rights of any individual, trusting justice system officials to act professionally and lawfully.

Due Process Model

A model based on the philosophy that the justice system needs to protect the rights of a defendant and shield the innocent against errors and wrongful convictions.