Crim 103 Chapter 1: The Foundations of Criminal Justice Review
Key Points Review:
A key component of the criminal justice system is the rule of law, which was first established in the Magna Carta in England in 1215; criminal law has a number of functions, including maintaining order, defining the parameters of acceptable behavior, and assisting in general and specific deterrence, among others. Many principles provide the foundation for Canadian law, including the two components of a crime: actus reus (The act of doing something) and men's rea (guilty intent). The Canadian legal system is common law. Significant differences exist between criminal law and civil law. There are differing views on the origins and application of criminal law. The two primary sources of criminal law in Canada are legislation and judicial decisions. In Canadian society, a wide range of behaviors are deviant but are not against the law. A key notion is that the law can only be fully understood by examining the social, political, and economic contexts within which it exists. The areas in which criminal law is applied are ever-changing, as are the challenges in imposing the law in a diverse society.
1. What are the origins and principles of the rule of law?
Rule of Law can be traced back to the English Magna Carta, which was originally issued by King John near Windsor Castle in England in June 1215. MISSING INFO 2. Describe the fundamental freedoms, equality rights, and enforcement provisions of the Canadian Charter of Rights and Freedoms' Fundamental Freedoms are Freedom of Expression, freedom of religion, freedom of association, and Freedom of peaceful assembly.
Equality of Rights: Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, w/o discrimination, based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability.
Enforcement: Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
3. What is Criminal Law?
A system of law concerned with the punishment of those who commit crimes 4. Define and Describe the role of precedent and stare decisis in the legal system Precedent: A rule that will guide judges in making subsequent decisions in similar cases. DESCRIBE ROLE Stare Decisis: The principle by which the higher courts set precedents that the lower courts must follow.
Role: If the law is not precise, judicial interpretation can add clarification so that all courts are playing by the same rules, so to speak. Once the Supreme Court of Canada rules on a thorny legal issue, all courts below it are bound to apply that ruling in subsequent cases.
5. Describe and compare common law, case law, and state law.