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- How have historical practices of justice affected current attitudes towards crime prevention and crime control?
- Is it necessary to formally codify behaviour? What are the strengths and weaknesses of common laws versus political laws?
- Using the liberal and conservative approaches to law, explain the controversy surrounding euthanasia.
- Although Canada employs an adversarial model of justice, would there be any advantages to entertaining elements of the accusatorial model? Clarify your answer.
- Collect at least a dozen crime articles from media sources. What type of defences are used? Referring to Appendix A, see how they apply to common law defences. How do the current defences differ from common law defences?
- Discuss contemporary problems in criminal defences. What are the implications for criminal law? How might an interdisciplinary and integrated approach help to address some of the problems?
Key Concepts
| Canadian Criminal Code | vengeance | jurisprudence |
| Self-help justice | private revenge | blood revenge |
| State revenge | common law | codification |
| Civil law | Charter of Rights | burden of proof |
| Criminal defence | fitness to stand trial | iberalism |
| Conservatism | mistake of fact | mistake of law |
| Compulsion | codes | adversarial |
| Inquisitorial | natural laws | political laws |
| Roman law | case law | Justinian Code |
| Hammurabi's Code | lex talionis | corroborating evidence |
| Due process | rules of law | precedent |
| Magna Carta | stare decisis | BNA Act |
| Statute of limitations | actus reus | mens rea |
| Social control | criminal law | revenge |
| Retribution | heterogeneous | homogeneous |
| Ur-Namma's Code> | accusatorial | |
Key Names
| J.S. Mill | J. Locke | J. Bentham |
| T. Hobbes | E. Burke | |
Crime and Criminal Law | Criminal Law Discussion
Common Law Principles | References | Footnotes
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