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CRI225 Pop Quiz 1
Pop Quiz 1
| Question | Answer |
|---|---|
| 4 Options for Regulating Conduct | Nothing, Informal Social Control, Formal Social control, Criminalize Conduct |
| Uses for Criminal Law | Regulate morality, Define limits of acceptable behaviour, justify imprisonment/deprivation of liberty, protect society for harm |
| Players in CAD Criminal Justice System | PPCDC - Parliament, police, crown attorney, defence counsel, court/judge |
| Ontario Court of Justice | Provincial court; entry point for all criminal ofences |
| Superior Court of Justice | court in Ontario for jury trials (most indictable trials) |
| Court of Appeal | Hears all appeals in indictable cases |
| Supreme Court of Canada | decisions binding of all judges in Canada |
| Who can enact criminal law in Canada | Federal gov't - under s. 91(27) which gives federal gov't exclusive authority over "criminal law" |
| What can Provincial Governments do? | Regulate matters that fall within their jurisdiction - ex. Highway Traffic Laws; s. 92(14) administration of justice in the province; s.92(15) authority over the imposition of punishment |
| Summary offence? | Most minor offences; harrasing phone calls, waterskiing at night |
| Indictable offences | Most serious offences; murder, trafficking cocaine and OXY (I JUST STOP SELLING CRACK TODAY) |
| Hybrid Offences | An offence that can either be categorized as a summary and indictable offence, once decided it decides how the process of trial will go - assault, sexual assualt |
| When is a crime a crime? | Aimed at public evil in respect of POSHM - public peace, order, sexurity, health, morality |
| Role of judge | Bound by decisions of higher court; can interpret existing offences, strike down legislation that is unconstitutional, cannot create new offences |
| Can judges create an offence at common law? | No, produces great uncertainty in the adminstration of criminal justice; Criminal code was created to create certainty to criminal law and justice |
| Role of federal gov't | Enact laws concerning criminal law and procedure |
| Appeals allowed on 3 grounds | Conviction was unreasonable or cannot be supported by justice; conviction entails a miscarriage of justice; trial judge made an error of law |
| S. 11& 12 of Charter protect what? | 11: protection against double jeopardy; 12: Everyone has the right not to be subjected to cruel and unusual treatment or punishment |
| Law violates s. 7 of charter if... | Infringes rights of life, liberty and security of the person 2. inconsistent with the "principles of fundamental justice" |
| 3 Principles of fundamental justice | 1. Criminal law must not be overbroad; 2. notice must be given of criminal offences; 3. Criminal law must not be vague |
| Laws are unconstitutional if | they infringe a right or freedom guaranteed in the charter; ingringment cannot be justified in a free and democratic society under s.1 |
| Oakes test | 1. Pressing and substantial objective; 2. rational connection; 3. minimum impairment; 4. proportionally between effects and objective |
Created by:
alexdcelis