Definitions

Chapter 10: Canadian Policing, Prosecution, and Corrections

Key Terms and Concepts

  • Crime Control: Aims to ensure neighborhood safety and the apprehension of offenders.

  • Call for Immediate Assistance: The act of publicly calling for help to catch someone committing a crime or fleeing the scene.

Types of Offences

  • Hybrid Offence: Can be tried summarily or by indictment, depending on the prosecution's choice.

  • Indictable Offence: More serious crimes tried by indictment, with potential punishments including life in prison.

  • Summary Offence: Less serious crimes tried summarily, generally resulting in penalties of less than $5,000 or up to two years of incarceration.

Legal Documents and Processes

  • Indictment: A legal document outlining formal charges against the accused.

  • Information: Document alleging that the accused committed a crime.

Legal Principles

  • Judicial Activism: Accusation that a court creates law rather than interpreting existing laws.

  • Legal Pluralism: Existence of multiple legal systems within a jurisdiction, often between pre- and postcolonial laws.

  • Letter of the Law: The literal interpretation of law, distinct from its spirit or intended application.

  • Lex Talionis: Principle of retributive justice, "an eye for an eye;" rooted in the Code of Hammurabi.

  • Miscarriage of Justice: Unjust conviction occurring despite lack of essential evidence.

  • Nulla Poena Sine Lege: "No punishment without law"—no punishment can be enforced without a legal basis.

  • Parliamentary Supremacy: Doctrine asserting Parliament as the ultimate lawmaker, unchallengeable by the courts.

Court Systems

  • Inferior Courts: Established by provincial and territorial governments; handle less serious matters.

  • Superior Courts: Created under the Constitution Act; address more serious criminal cases.

Sentencing and Offender Rights

  • Segregation: Isolating prisoners from the general population; considered a restrictive punishment.

  • Victim Impact Statement: Written account from the victim detailing harms suffered as a result of the crime.

  • Wrongful Conviction: Conviction arising from flawed judicial processes such as coerced statements or evidence fabrication.

Legal Standards

  • Beyond a Reasonable Doubt: Standard of proof in criminal law that requires the Crown to satisfactorily prove all elements of a crime.

  • Burden of Proof: The obligation primarily on the state to prove the charges against the accused.

Legal Systems

  • Civil Law: Based on Roman legal tradition.

  • Common Law: Developed from court decisions, often referred to as "judge-made" law; includes explanations of judicial reasoning.

  • Adversarial System: Disputes resolved by an impartial judge after hearing evidence from both parties.

Constitutional Principles

  • Division of Powers: Identifies federal jurisdiction over criminal law defined in the Constitution Act.

  • Due Process: Ensures court actions comply with legal processes recognized by Parliament and Canadian courts.

Historical Context

  • Frankpledge System: An early form of community policing in medieval Britain where community members held responsibility for each other.