11 Flashcards
What does the blindfold represent for lady justice
justice is impartial, no bias, treated objectively
What does the scale represent for lady justice
justice is fair and balanced in court system
What does the sword represent for lady justice
Justice is strong and power b/c system can punish those who commit crimes
Where did Canadian Criminal Law originate from?
- From the British Common Law
What king established common law
king henry II
what was common law in 1154
judges go around to cities hand out sentence and reconvene to have similar punishments for similar crimes
What legal principle is the common law based on?
Stare Decisis- courts are bound by prior decisions and the decisions of higher courts based on the
outcome of prior cases
- What is the rule of law?
no one is above the law and it must be applied equally
what is the rule of law based on
magna carta
substantive law vs procedural law
written rules and punishment (not static changes)
procedural fairness and safe guards (rights of individual, miranda rights, offenders right)- found in charter
How long must a persons offence be resolved if its a summary offence? indictable offence?
18 month
30 months
What would’ve happened if the micheal college incident happened in 1982
no trial because males couldnt be victis till 1983
What bill changed sexual assault laws
bill c-127
level 1,2,3 sexual assault
- minor or no injury-hybrid offence, 18 months-10 years
2.involves threat of weapon or bodily harm, 14 years
- involves, wounding, disfigurement, endangering life-max sentence
what is the rape shield law
protects victims from their sexual history being brought up
what was the doctrine of recent complaint? what happened to it?
person had to file a report as soon as they could safely if not they were judged.
it was abolished
What are the two aelemtns of crime
actus rea: the guilty act
crim of commision
crime of omission
is negligence a crime of omission or commision
trick bitch its both
negligence vs recklessess
taking an unjustifiable risk that a reasonable person would not take (e.g. shooting a pellet bullet into a crowd, driving 80 in a school zone)
wilful blindess
Willful blindess: a person is aware of a crime in turn a blind eye towards it
2 things needed for an alibi
adequate info so popo can verify
timelt: given well before trial
what happens if your alibi is fabricated
it can be used against you in court
james bulger
young child murdered by 2 10yrs
what happened to the children who murdered james bulger
sentenced to custody till 18 then given new names
what is canada age of criminal responsibility? England?
- 10.
excuse defense
lacks mens rea to commit crime
country with youngest age of criminal responsibility
Australia and England: 10 year old
country with oldest age of criminal resposnsibility
argentia: 10 year old
What is the age of consent
16 years old
who can a 12-13 yr old consent to?
someone 2 years older
who can a 14-15 year old consent to?
less than 5 years older
What used to be the legal age for anal sex
18
The police have the right to search a persons car during a routine stop-
No, Section 8 (if police violate this
section, anything incriminating evidence they find in the car cannot be used against you or introduced in
the court of law)- can only search if the have reasonable and probable cause to do so
