CRIM 131 Lecture Notes - Lecture 1: Mental Disorder, Victimology, Canadian Association Of Elizabeth Fry Societies
7 Jun 2018
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Criminology 131
Lecture 1: Introduction to the Canadian Criminal Justice System Monday January 8th, 2018
Term Paper: March 26th
Midterm Exam: February 26th (25%)
Final Exam: April 15th (30%)
What does the term system imply?
- Functional
- Thought out like a process
- Layers
- Compiled within people in society
- Reliable
- It works
- Organized to a degree
- Multiple parts or pieces working together
- It can be built upon
Is the CJS actually a system? Use word ‘system’ to imply that it works, but does it really?
Why doesn’t it work?
- Money industry (Durkheim theory: reassign what is a crime if there were no crimes)
- Means for control
- Lack of actual justice and equality (over representation and over processing of certain
groups of individuals)
Lecture 2, Week 3: Introduction to the Canadian CJS Monday January 22nd, 2018
Chapter 1: The Foundations of Criminal Justice System
The Rule of Law
What is it? The requirement that governments, as well as individuals, be subjected to and abide
by the law.
●No one person is above the law
●All persons are bound to the law and entitled to protection by the law
●The law should be observed and enforced equally
English Magna Carta
●Along with other documents provided the basis for the emergence of the rule of law
●Became the foundation of the English law and, subsequently, of the Canadian
(English-speaking) legal system
Canadian Charter of Rights and Freedoms
2
What is it? The primary law of the land and guarantees fundamental freedoms, legal rights, and
equality rights for all the citizens of Canada, including those accused of crime.
●The influence of the rule of law and the Magna Carta can be seen in the Charter of
Rights and Freedoms
●It provides protections for individuals and ensures fairness during legal proceedings
●Components of the CJS must work to ensure they do not violate the rights established
●The CJS does not always act in ways that protect it
The Criminal Law
What is it? The body of law that deals with conduct considered so harmful to society as a whole
that is prohibited by statute and prosecuted and punished by the government.
●Public law
●Defines acts or omissions that are against the law and the penalties available
●Set out rules agents of the CJS must follow in criminal matters:
○procedure for making arrests
○gathering evidence
○presenting evidence in court
●Private law- regulates the relationships between individuals other than the state and is
used to resolve disputes between private citizens
Functions/Purposes of Criminal Law
●Mechanism of social control (informal and formal)
●Maintain order
●Establishes parameters of acceptable behaviour
●Reduces risk of personal retaliation
●Assists general (whole population) and specific (one specific individual) deterrence
(Problem: what might deter someone might not be the case for another individual)
●Criminalizes behaviour
●Punishment
●Protects group interests (government official, etc.)
●Prevention of future crimes
●Marginalizes the most vulnerable groups of society
Principles of Canadian Law
1. Actus non facit reum nisi mens sit rea: Every crime has two components- mens rea and
actus reus. An act does not make someone guilty unless they have a guilty mind.
Children under 12 and mentally ill are considered uncable of mens rea.
2. Nullum crimen sine lege, nulla poena sine lege: No crime with law, no punishment
without law. Law cannot be applied retroactively.
3. Ignorantia juris non excusat: Ignorance of the law is no excuse. Expected that every
citizen is familiar with laws and therefore they know legal from illegal.
4. Nemo tenetur seipsum accusare: No one is compelled to incriminate himself or herself.
Criminal suspects and defendants can remain silent, can avoid testifying, and if forced to
confess this is not admissible in court.
5. Nemo debet bis vexari pro eadem causa: No one should be twice troubled by the same
cause. Known as double jeopardy, an offender cannot be tried twice for the same
offence.
3
The system of Criminal Law
●Canadian legal system is a common law system
●Originated from Europe and was brought to Canada in the 17th and 18th century
●Based on the notion of precedents- a judicial decision that may be used as a standard
subsequent in similar cases
Common Law
What is it? Law that is based on custom, tradition, and practice and is generally unwritten.
●Inherited as a consequence of the Canadian statute law- written laws that have been
enacted by a legislative body, such as the Parliament of Canada. It is both civil and
criminal, and found in statuses and judicial precedents (case law).
●Case law- law that is established by previous court decisions and based on the rule of
the precedent.
Courts in Canada
●The courts are organized in a hierarchy
●The Supreme Court of Canada is at the top
●Stare decisis- the principle by which the higher courts set precedents that the lower
courts must follow. Related to the idea that like cases should be treated alike.
What is a Crime?
What is it? An act or omission that is prohibited by criminal law
●In exceptional cases, an omission to act can constitute a crime
●A crime occurs when a person:
○Commits an act or fails to commit an act under legal responsibility to do so
○Has mens rea
○Does not have legal defense or justification for committing the act
○Violates a provision in criminal law
Classification of Offences
Summary conviction offences
Generally less serious offences that are triable
before a magistrate or judge and, on
conviction, carry a maximum penalty of a
fine ($5000>) or six months at a provincial
correctional facility, or both.
Indictable offences
Generally more serious criminal offences that
can be tried in a number of different courts.
Maximum penalty can be life imprisonment.
Hybrid (or elective) offences
Most Criminal Code Offences. They can be
proceeded as summary offence or indictable
offence by a decision that is made by the
Document Summary
Lecture (cid:624): introduction to the canadian criminal justice system. Money industry (durkheim theory: reassign what is a crime if there were no crimes) Lack of actual justice and equality (over representation and over processing of certain groups of individuals) Lecture (cid:625), week (cid:626): introduction to the canadian cjs. Chapter (cid:624): whe foundations of criminal justice system whe ule of la(cid:435) The requirement that governments, as well as individuals, be subjected to and abide by the law. No one person is above the law. All persons are bound to the law and entitled to protection by the law. The law should be observed and enforced equally. Along with other documents provided the basis for the emergence of the rule of law. Became the foundation of the english law and, subsequently, of the canadian. The primary law of the land and guarantees fundamental freedoms, legal rights, and equality rights for all the citizens of canada, including those accused of crime.
