Exam 1: The Foundations of Criminal Justice

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Compare and contrast civil law with criminal law, using examples to illustrate your points.

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-standard of proof
criminal: guilt beyond reasonable doubt
civil: balance of probabilities, reasonable probability (lower standard)
-may be found not guilty in criminal, but guilty in civil
-civil between individuals
-criminal-government assumes responsibility for prosecuting offender

There are two categories of law: public law and private law.

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The two critical ingredients of a crime are actus reus and mens rea.

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The Canadian legal system is one of civil law.

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There are only two categories of criminal offences in Canada: summary conviction offences and indictable offences.

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What type of law is criminal law?

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One of the principles of Canadian law is that individuals have the right against self-incrimination. What does this right mean? Provide two examples of Charter provisions that help in protecting this right.

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One of the functions of criminal law is to reduce the risk of vigilante justice.

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Which of the following crimes is an example of the challenging nature of applying criminal law in a diverse society like Canada?

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Canadian correctional institutions are over-populated by individuals from marginalized backgrounds. Which of the following models best explains this situation?

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Griffiths describes the criminal law as being "dynamic." Explain what this means, providing specific examples to support your argument.

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The Criminal Code has three categories of criminal offences. Identify and describe each offence type. Which of these three results in the most serious punishments?

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Ellen witnessed her brother physically abusing his son, but failed to report the abuse. Which type of law do her actions violate?

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Identify the two critical ingredients of a crime. Discuss when a crime occurs (there are four points to be made here).

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Griffiths discusses some of the difficulties in applying criminal law in a diverse society. He specifically points to the Shafia Honour Killings case (see box 1.5). What do you think about the proposal to enact a separate section in the Criminal Code to deter this practice? Outline both sides of this argument, using examples to support your opinion.

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Lily murdered her cousin when they were both 9 years old. She admits that she meant to do it. What is absent in this case?

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The standard of proof to convict a person of wrongdoing is the same in criminal law cases and civil law cases.

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Laws are to be clear, evenly applied, and stable. Which of the following best describes this requirement?

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The government of Canada is subject to the laws of the country. Which term explicitly sets out this principle?

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The conflict model is a view that individuals commit crimes because they disagree with the values of dominant society.

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