Deterrence theory contains principles about justice which many of us find attractive because it conforms to what we recognize as fairness. The wicked should be punished –quickly –to the extent that pain will deter them from committing a crime again. Deterrence theory so permeates our thinking that we recognize it as the model by which…
Fundamental Freedoms Reflect civil liberties that imply we are free to do what is not prohibited by law These include: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association. Food…
1. Setting in a castle. The action takes place in and around an old castle, sometimes seemingly abandoned, sometimes occupied. The castle often contains secret passages, trap doors, secret rooms, dark or hidden staircases, and possibly ruined sections. 2. An atmosphere of mystery and suspense. The work is pervaded by a threatening feeling, a fear…
Homicide: killing another human being, either directly or indirectly Non-Culpable Homicide: is not criminal and occurs when death is caused by complete accident or in self-defence First Degree Murder: – is planned and deliberate (considered, not impulsive) – victim is a law enforcement agent – occurs while another offensive crime is being committed – occurs…
Activities protected by human rights legislation include employment, accommodation and facilities, and meeting special needs. 1. Employment Everyone has a right to “equal treatment with respect to employment” in the job application process, as well as in training, transfers, promotions, apprenticeship, dismissal, and layoffs. CONSTRUCTIVE AND DIRECT DISCRIMINATION Constructive Discrimination – employment policies that inadvertently…
There are three levels of assault: 1) Simple Assault occurs when an individual Applies intentional force to another person without the other person’s consent Attempting or threatening, by an act or gesture to apply force Approaching or blocking the way of another person while openly wearing or carrying a weapon or an imitation of a…
At the root of the split in Canada is the reality that two European empires had colonized and dominated history after contact. Of course we talking about the tensions between Canadians of British and French backgrounds. During the phase of the Canada’s early development after confederation frustrations on both sides often boiled over as result…
Evidence—Any proof legally presented through witnesses, records, documents, exhibits or other concrete objects for the purpose of introducing belief in the minds of the court, judge or jury. The rules of evidence are found in The Canada Evidence Act. Purpose—Evidence is information that proves or disproves disputed facts. Evidence must be legally obtained, admissible and…
These are the main areas of concern in the morgue and that make up forensics. They can exist as a separate department or could be combined. It depends on the size of the city and the number of crimes that occur there. Anthropology Anything related to skull or skeletal parts, identification of people, reconstructive techniques…
1. TRAFFICKING The buying and selling of women for the purpose of prostitution, domestic labour, to settle debts and for forced marriages, usually by families who cannot afford to support them. 2. HONOUR KILLING Male relatives kill female relatives for a number of reasons: adultery (sex outside of marriage), for seeking divorce, for seeking marriage…
The ICJ is the principal judicial organ of the UN. The seat of the Court is the Peace Palace of The Hague (Netherlands) while the other five organs of the UN are all located in NY. 1st case May 1947. From May 1947 to January 2010 – 146 cases were entered into. Sample disputes they…
The notion of diplomatic immunity dates back to ancient times and was enshrined in international law in the 1961 Vienna Convention on Diplomatic Relations. Simply put, diplomats have blanket immunity from local laws in the countries where they are posted. That means that while diplomats can be charged with criminal offences, or sued in civil…
Protected groups have the explicit right to freedom from harassment in housing accommodation and employment. The Code defines harassment as “engaging in a course of vexatious [annoying or provoking] comment or conduct which is known or ought reasonably to be known to be unwelcome.” The most important word in the definition is “unwelcome.” We do…
Customs, rules, and agreements that govern relations between sovereign states. More recently also includes handling such matters as human rights within the borders of sovereign nations. Is international law real law? Domestic Law Vs. International law No international legislature passing laws – UN closest to such a forum No comprehensive judicial system – International Court…
1948 UN General Assembly adopted the Universal Declaration of Human Rights. Outlines basic human rights including: The right to life, liberty and nationality Freedom of opinion, conscience, and religion Right to work Right to an education Right to take part in the nation’s public business 1966 United Nations Convention on Economic, Social and Cultural Rights…
Direct Evidence: the testimony of witnesses who actually saw the offence being committed Circumstantial Evidence: indirect evidence; indicates that it is highly probable that the accused is the only one who could have committed the crime Similar Fact Evidence: shows that the accused has committed similar offences in the past Hearsay Evidence: something that someone…
Trial by Wager Required the accused to have a number of acquaintances (oath-helpers) swear his/ her innocence Not applicable to people caught in the act or with stolen property. They faced one of the following: Trial by Battle Evolved from Anglo-Saxon practice of “blood feud” where relative of victim tool revenge by attacking killer and…
Legal Defenses • Insanity • Automatism • Intoxication • Duress • Self-Defense • Alibi • Necessity • Mistake of Fact • Provocation • Officially induced error • Entrapment • Double Jeopardy Insanity • Accused cannot perform the Mens Rea of the offence or is not fit to stand trial. To Prove Insanity you must: • …
Aboriginal Rights: Collective rights rooted in historic cultural traditions and practices, based on ancestral use of the land. Rights as distinct peoples recognized in law and treaties Collective Rights: Rights held through membership to a group. All members have same rights. Areas of Concern: Self-government Land ownership Control of natural resources The Royal Proclamation, 1763…
SIGNIFICANT PERSON OR CONCEPT DEFINITION, OR IMPORTANCE TWO EXAMPLES HAMMURABI (POSITIVE LAW AS MADE BY A PERSON) Codification Retribution (eye for an eye) Patriarchal All Babylonians Subject to the law King is above the law Very harsh and cruel Son gets hand cut off if strikes father, not mother Doctor gets hand cut off if…