Deck 1: The Foundations of Criminal Justice

Question 1

The Criminal Code of Canada is the primary law of the land.

Answer 1

False

Question 2

The Charter does not extend to the rights of individuals convicted of or accused of committing crimes.

Answer 2

False

Question 3

All criminal justice system agencies and employees must consider the Charter rights of individuals when performing their jobs.

Answer 3

True

Question 4

In some cases, failure to act can be considered a violation of criminal law.

Question 5

Courts do not have the ability to alter the definitions of Charter rights.

Question 6

Criminal law is one of several types of public law.

Question 7

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

Question 8

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

Question 9

If a Canadian citizen is unfamiliar with a law they have violated, they can use this unfamiliarity as a criminal defence.

Question 10

Summary conviction offences carry with them the most severe sentences.

Question 11

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

Question 12

The Canadian legal system is one of civil law.

Question 13

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

Question 14

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

Question 15

In Canada laws cannot be applied retroactively.

Question 16

Common law is a system of law that is often unwritten.

Question 17

The concept of double jeopardy applies to civil cases that have already been tried criminally.

Question 18

In Canada, civil cases require a much higher standard of proof than criminal cases.

Question 19

A unique feature of the common law is that it exists in past decisions of judges rather than being embodied in legal codes or legislation.

Question 20

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

Question 21

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

A) stare decisis
B) the rule of law
C) the common law
D) precedent

Question 22

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

A) the rule of law
B) the common law
C) stare decisis
D) precedent

Question 23

Which of the following is the primary law of the land, guaranteeing fundamental freedoms, legal rights, and equality for all citizens of Canada?

A) Constitution Act (1867)
B) Corrections and Conditional Release Act
C) Canadian Charter of Rights and Freedoms
D) Criminal Code

Question 24

Which of the following pieces of legislation originally set out the rule of law?

A) the Canadian Charter of Rights and Freedoms
B) the British North America Act
C) the Criminal Code
D) the English Magna Carta

Question 25

Which of the following is NOT a type of public law?

A) family law
B) administrative law
C) criminal law
D) constitutional law

Question 26

Martina is going to court to determine whether she or her husband will receive primary custody of their children. Which type of law is this?

A) administrative law
B) public law
C) private law
D) constitutional law

Question 27

Steven murdered his roommate, and has been charged with first-degree murder. He admits that he intended to kill his roommate. Which of the following best defines this intent?

A) the risk principle
B) the need principle
C) the actus reus
D) the mens rea

Question 28

What type of law is criminal law?

A) public law
B) positive law
C) private law
D) constitutional law

Question 29

Which of the following is the general category of laws relating to contracts, inheritances, divorce, and custody of children?

A) criminal law
B) civil law
C) administrative law
D) commercial law

Question 30

Which type of offences included in the criminal law are inherently wrong?

A) mala prohibita
B) mens rea
C) mala in se
D) actus reus

Question 31

Which theory on the origins of the criminal law argues that certain groups in Canadian society (primarily the rich and powerful) have a greater ability to influence law reform than other groups?

A) privilege theory
B) consensus theory
C) sociological theory
D) conflict theory

Question 32

Anna has been charged with manslaughter for the murder of her sister. She claims that she did not intend to kill her. Which of the following best defines the actual act of murder in this case?

A) the actus reus
B) the mens rea
C) the risk principle
D) the need principle

Question 33

Which statement describes interest groups such as MADD (Mothers Against Drunk Driving), the CPPA (Canadian Professional Police Association), and the National Firearms Association?

A) They have little or no influence on law reform.
B) They are prohibited by law from attempting to influence legislation.
C) They are actively involved in efforts to influence law reform.
D) They have been largely ineffective in influencing law reform.

Question 34

A judge in the Supreme Court of Canada recently made an important decision regarding maximum sentences for drug-trafficking offences. Judges of the lower courts must now take this decision into account when sentencing all future drug-trafficking cases. Which of the following best describes this decision?

A) statute law
B) stare decisis
C) double jeopardy
D) mens rea

Question 35

Lila has been charged with a hybrid offence. Who gets to decide how to proceed with this charge?

A) Lila
B) the judge
C) the defence
D) the Crown

Question 36

Which of the following factors will likely NOT influence the Crown's decision to proceed either summarily or by indictment?

A) the preference of the victim
B) the severity of the offence
C) the criminal record of the accused
D) the impact of the offence on the community

Question 37

Aaron has been charged with committing incest against his daughter. What type of offence is this best defined as?

A) mala prohibita
B) mala in se
C) actus reus
D) mens rea

Question 38

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

A) the morality model
B) the value consensus model
C) the conflict model
D) the prohibition model

Question 39

Which of the following is NOT true of deviance?

A) Deviance is behaviour that is not in line with the values and norms of wider society.
B) Deviance includes criminal behaviours.
C) Acts defined as deviant may change over time.
D) Deviance is more stigmatized than criminal activity.

Question 40

Chelsea has been charged with possession of marijuana. Which of the following best defines this type of offence?

A) mala prohibita
B) mala in se
C) actus reus
D) mens rea

Question 41

Anthony has been charged with murder. Which category does this offence fall into?

A) summary conviction
B) indictable
C) hybrid
D) electable

Question 42

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

A) constitutional law
B) family law
C) criminal law
D) administrative law

Question 43

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

A) gang-involved crime
B) sports violence
C) polygamy
D) honour killings

Question 44

Frank witnessed the drowning of his nephew when the boy fell out of a boat. Frank was physically able to attempt to save his nephew without putting himself in any major danger. Which of the following do Frank's actions violate?

A) criminal law
B) family law
C) constitutional law
D) social mores

Question 45

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?

A) the actus reus
B) the mens rea
C) any mitigating factors
D) a valid defence

Question 46

One of the principles of Canadian law is that ignorance of the law is not an excuse. What does this statement mean? Why is this statement really a fiction? Why is this principle necessary?

Question 47

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?

Question 48

Describe the various functions of the criminal law in Canadian society.

Question 49

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

Question 50

Compare and contrast the value consensus model and the conflict model as explanations for the origins and application of the criminal law.

Question 51

Define the term "moral entrepreneur." What role do these individuals play in the criminalization of activities? What types of crime have they historically focused on?

Question 52

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.

Question 53

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

Question 54

Define/explain the concept of double jeopardy. How does this notion differ between Canada and the United States?

Question 55

Compare and contrast criminal and civil law. Focus particularly on the different standards of proof required. Using the textbook example of the O.J. Simpson case, explain why this different standard can result in a not-guilty verdict in criminal court and a guilty verdict in civil court. Do you think this is problematic? Why or why not?

Question 56

Compare and contrast the notions of deviance and criminality. Where is there overlap? How do these notions differ? Provide examples to support your points.

Question 57

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

Question 58

In the Manny Castillo case, the judge ruled that the laws of Canada should be followed on and off the playing field. Do you agree with this statement? Why or why not? Give reasons to support your position.

Question 59

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.

Question 60

Define and discuss the different types of law considered in Canada (common law, statute law, case law). How do these forms of law differ? How does employing multiple forms of law strengthen or weaken the Canadian system? Provide examples to support your answer.

Question 61

Identify the key principles of the rule of law. How are these principles still present in the Canadian legal system and legislation? How have they changed (if at all)?

Question 62

Discuss the value consensus model and the conflict model as explanations for the origins and applications of the criminal law. Where do you believe criminal laws come from?

Question 63

Criminologists conduct historical analyses of crime and laws for four major reasons. Identify each of these reasons. Provide some examples of political, social, or economic factors that may have influenced law reform.

Question 64

See Box 1.1(in the text) for a discussion of the potential for marijuana legalization in Canada. How do you feel about this issue? What do you think about the current legalization of marijuana in several U.S. states? How might legalization affect opinions toward marijuana and other drugs?