CRIM 103 MIDTERM QUESTIONS AND VERIFIED
ANSWERS
What is critical thinking/thorough thinking and how can it assist in study of criminal
justice system? - Answers - "Thorough thinking", involves asking questions, considering
multiple laws and drawing conclusions. Helps distinguish between fact and opinion,
make detailed observations, uncover assumptions and define their terms, and make
assertions based on sound logic and evidence.
What is a crime? What are the 2 essential requirements for behaviour to be considered
criminal? - Answers - A crime is an act or omission prohibited by criminal law. The actus
reus (omission of the act) and the mens rea (mental intent to commit crime) are the tqo
requirements for criminal behaviour.
What is the social construction of crime? - Answers - Legal status of behaviours are not
determined by the behaviour itself, but is result of the social response to that behaviour.
Who are moral entrepreneurs? What role do they play in relation to crim law? - Answers
- People who seek action against certain groups of people/behaviours. They pressure
legislators for criminal statutes.
Contrast value consensus model and conflict model as explanations for the origins and
applications of criminal law - Answers - Value Consensus Model states behaviour
defined as criminal and punishment for offenders reflect common opinions and
tolerance limits, whereas Conflict Model states crime and punishment reflect certain
groups' power to influence them (highlights inequalities of system more)
Contrast substantive law and procedural law - Answers - Substantive law=rights and
obligations of each person of society, Procedural law=legal processes that protect and
enforce the rights set out in substantive law
What is common law legal system? - Answers - Law based on custom, tradition and
practice (generally unwritten), based on precedent
Stare decisis - Answers - Higher courts set precedents lower courts must follow
Statute law - Answers - Written laws, enacted by legislative body (Parliament)
Case law - Answers - Law established by previous court decisions, based upon
precedent rule
Precedent - Answers - Judicial decision that guides future courts in handling similar
cases
, Describe criminal law and its functions - Answers - Body of law, conduct considered
harmful to society, prohibited by statute, prosecuted and punished by government.
Functions in legislation and judicial decisions.
Rule of law - Answers - Requirement that governments and people be subjected to and
abide by law (Magna Carta)
Canadian Charter of Rights and Freedoms - Answers - The primary law of land,
guarantees freedoms and rights for all citizens including those accused of crime
Origin and content of Criminal Code - Answers - Federal legislation sets out criminal
laws, includes prosecuting federal offences procedure and sentences/procedures for
administrator of justice. Created by Parliament in accordance with Constitution Act.
Components of criminal justice system - Answers - All agencies, personnel, and
organizations involved in prevention of and response to crime and persons
charged/convicted.
Why is the Constitution Act, 1867 important in study of Canadian criminal justice? What
responsibilities does it assign? - Answers - Constitution Act is legislation that set
divisions of responsibilities between federal and provincial governments. The fed govt
decides what behaviour is a criminal offence/responsible for criminal code, the
provincial govt acts as law enforcement and administers justice system,
Compare crime control and due process models - Answers - Crime control=protection of
community and apprehension of offenders are paramount, Due process=legal rights of
citizens (including suspects) are paramount
What is meant by criminal justice system as adversarial system? - Answers - Justice
system based on 2 opposing sides (prosecution and defense), argue guilt or innocence
of person before judge/jury
Define concept of beyond a reasonable doubt - Answers - Standard that must be met to
convict defendant, requires facts provide only logical evidence
What is discretion and what role does it play in criminal justice system? - Answers -
Power/right to act with one's own judgement. Can lead to inconsistencies in how law is
applied, and risk managements/assessments in corrections can decrease personal
discretion
What is a task environment in criminal justice and why is it important in study of criminal
justice? - Answers - The cultural, geographic and community setting in which criminal
justice system operates/make decisions. It influences crime type, effectiveness of
justice programs/policies, decision options, etc.
ANSWERS
What is critical thinking/thorough thinking and how can it assist in study of criminal
justice system? - Answers - "Thorough thinking", involves asking questions, considering
multiple laws and drawing conclusions. Helps distinguish between fact and opinion,
make detailed observations, uncover assumptions and define their terms, and make
assertions based on sound logic and evidence.
What is a crime? What are the 2 essential requirements for behaviour to be considered
criminal? - Answers - A crime is an act or omission prohibited by criminal law. The actus
reus (omission of the act) and the mens rea (mental intent to commit crime) are the tqo
requirements for criminal behaviour.
What is the social construction of crime? - Answers - Legal status of behaviours are not
determined by the behaviour itself, but is result of the social response to that behaviour.
Who are moral entrepreneurs? What role do they play in relation to crim law? - Answers
- People who seek action against certain groups of people/behaviours. They pressure
legislators for criminal statutes.
Contrast value consensus model and conflict model as explanations for the origins and
applications of criminal law - Answers - Value Consensus Model states behaviour
defined as criminal and punishment for offenders reflect common opinions and
tolerance limits, whereas Conflict Model states crime and punishment reflect certain
groups' power to influence them (highlights inequalities of system more)
Contrast substantive law and procedural law - Answers - Substantive law=rights and
obligations of each person of society, Procedural law=legal processes that protect and
enforce the rights set out in substantive law
What is common law legal system? - Answers - Law based on custom, tradition and
practice (generally unwritten), based on precedent
Stare decisis - Answers - Higher courts set precedents lower courts must follow
Statute law - Answers - Written laws, enacted by legislative body (Parliament)
Case law - Answers - Law established by previous court decisions, based upon
precedent rule
Precedent - Answers - Judicial decision that guides future courts in handling similar
cases
, Describe criminal law and its functions - Answers - Body of law, conduct considered
harmful to society, prohibited by statute, prosecuted and punished by government.
Functions in legislation and judicial decisions.
Rule of law - Answers - Requirement that governments and people be subjected to and
abide by law (Magna Carta)
Canadian Charter of Rights and Freedoms - Answers - The primary law of land,
guarantees freedoms and rights for all citizens including those accused of crime
Origin and content of Criminal Code - Answers - Federal legislation sets out criminal
laws, includes prosecuting federal offences procedure and sentences/procedures for
administrator of justice. Created by Parliament in accordance with Constitution Act.
Components of criminal justice system - Answers - All agencies, personnel, and
organizations involved in prevention of and response to crime and persons
charged/convicted.
Why is the Constitution Act, 1867 important in study of Canadian criminal justice? What
responsibilities does it assign? - Answers - Constitution Act is legislation that set
divisions of responsibilities between federal and provincial governments. The fed govt
decides what behaviour is a criminal offence/responsible for criminal code, the
provincial govt acts as law enforcement and administers justice system,
Compare crime control and due process models - Answers - Crime control=protection of
community and apprehension of offenders are paramount, Due process=legal rights of
citizens (including suspects) are paramount
What is meant by criminal justice system as adversarial system? - Answers - Justice
system based on 2 opposing sides (prosecution and defense), argue guilt or innocence
of person before judge/jury
Define concept of beyond a reasonable doubt - Answers - Standard that must be met to
convict defendant, requires facts provide only logical evidence
What is discretion and what role does it play in criminal justice system? - Answers -
Power/right to act with one's own judgement. Can lead to inconsistencies in how law is
applied, and risk managements/assessments in corrections can decrease personal
discretion
What is a task environment in criminal justice and why is it important in study of criminal
justice? - Answers - The cultural, geographic and community setting in which criminal
justice system operates/make decisions. It influences crime type, effectiveness of
justice programs/policies, decision options, etc.
