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.