Essential Concepts of Criminal Law and Justice Systems

Key Legal Terminology and Definitions

• Criminal Law: A violation against the public, often involving harm to persons or possessions.
• Civil Law: A violation of a contract or a dispute between individuals or entities (e.g., contract law).
• YCJA (Youth Criminal Justice Act): Legislation governing young persons accused of crimes.
• Quid pro Quo: Something for something (a favor or advantage granted in return for something else).
• Plea Bargain: Pleading guilty for a lesser penalty or charge.
• Self-Incrimination: Behavior or testimony that suggests one is guilty.
• Capital Punishment: Execution (the death penalty).
• Summary Conviction Offense: A less serious crime, often resulting in release until trial.
• Indictable Offense: A serious offense, where the accused may be held in custody until trial.
• Mens Rea: The "guilty mind" (the mental element required for a crime).
• Actus Reus: The "guilty act" (the physical element required for a crime).

The Origins of Legal Systems

At first, cave dwellers had no need for formal law. However, when larger groups started to form, so did crimes such as theft, murder, assault, and rape.

Early leaders formed rules in an attempt to keep the population under control and reduce crime.

Historical Influences on Justice

Plato's Contribution

Plato believed in a perfect society. He is credited with developing the jury system concept and describing all men as equals.

Roman Law

Rome was a large and complex empire and required complex laws to manage it. The emperor posted these laws in writing, forming an early version of the criminal code.

Understanding the Criminal Justice System

Our modern legal system draws influence from many sources, including Roman law, Native American traditions, and Common Law.

The system is designed to protect the innocent from the government and punish the guilty.

The criminal system operates under a code that sets the maximum penalties for specific offenses.

Sentencing is viewed as making individuals pay back their debt to society. A crime is fundamentally considered an act against society.

Key Protections and Procedures

The Charter of Rights and Freedoms

The Charter of Rights and Freedoms protects the innocent and ensures the punishment of the guilty. It grants guaranteed rights and certain freedoms to every Canadian citizen.

It is important to remember that with every right, there is a corresponding responsibility.

Appeals and the Supreme Court

You can make an appeal if there was a miscarriage of justice. Your last chance for an appeal is the Supreme Court of Canada.

Police Guidelines and Fair Treatment

The police have specific guidelines and rules they must follow when arresting someone to ensure the fair treatment of all citizens.

All citizens are to be granted a fair trial within a reasonable timeframe.

The Youth Criminal Justice Act (YCJA)

The YCJA is designed to protect youth from severe punishments and prevent a mistake from ruining their lives. Instead, it focuses heavily on the rehabilitation of young offenders.

Anyone between the ages of 12 and 18 is covered by the YCJA.

Youth can be charged and sentenced as an adult in extremely severe scenarios.