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CRM 1300 > 11 > Flashcards

11 Flashcards

1
Q

What does the blindfold represent for lady justice

A

justice is impartial, no bias, treated objectively

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2
Q

What does the scale represent for lady justice

A

justice is fair and balanced in court system

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3
Q

What does the sword represent for lady justice

A

Justice is strong and power b/c system can punish those who commit crimes

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4
Q

Where did Canadian Criminal Law originate from?

A
  • From the British Common Law
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5
Q

What king established common law

A

king henry II

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6
Q

what was common law in 1154

A

judges go around to cities hand out sentence and reconvene to have similar punishments for similar crimes

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7
Q

What legal principle is the common law based on?

A

Stare Decisis- courts are bound by prior decisions and the decisions of higher courts based on the
outcome of prior cases

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8
Q
  • What is the rule of law?
A

no one is above the law and it must be applied equally

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9
Q

what is the rule of law based on

A

magna carta

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10
Q

substantive law vs procedural law

A

written rules and punishment (not static changes)

procedural fairness and safe guards (rights of individual, miranda rights, offenders right)- found in charter

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11
Q

How long must a persons offence be resolved if its a summary offence? indictable offence?

A

18 month

30 months

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12
Q

What would’ve happened if the micheal college incident happened in 1982

A

no trial because males couldnt be victis till 1983

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13
Q

What bill changed sexual assault laws

A

bill c-127

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14
Q

level 1,2,3 sexual assault

A
  1. minor or no injury-hybrid offence, 18 months-10 years

2.involves threat of weapon or bodily harm, 14 years

  1. involves, wounding, disfigurement, endangering life-max sentence
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15
Q

what is the rape shield law

A

protects victims from their sexual history being brought up

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16
Q

what was the doctrine of recent complaint? what happened to it?

A

person had to file a report as soon as they could safely if not they were judged.

it was abolished

17
Q

What are the two aelemtns of crime

A

actus rea: the guilty act
crim of commision
crime of omission

18
Q

is negligence a crime of omission or commision

A

trick bitch its both

19
Q

negligence vs recklessess

A

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)

20
Q

wilful blindess

A

Willful blindess: a person is aware of a crime in turn a blind eye towards it

21
Q

2 things needed for an alibi

A

adequate info so popo can verify
timelt: given well before trial

22
Q

what happens if your alibi is fabricated

A

it can be used against you in court

23
Q

james bulger

A

young child murdered by 2 10yrs

24
Q

what happened to the children who murdered james bulger

A

sentenced to custody till 18 then given new names

25
Q

what is canada age of criminal responsibility? England?

A
  1. 10.
26
Q

excuse defense

A

lacks mens rea to commit crime

27
Q

country with youngest age of criminal responsibility

A

Australia and England: 10 year old

28
Q

country with oldest age of criminal resposnsibility

A

argentia: 10 year old

29
Q

What is the age of consent

A

16 years old

30
Q

who can a 12-13 yr old consent to?

A

someone 2 years older

31
Q

who can a 14-15 year old consent to?

A

less than 5 years older

32
Q

What used to be the legal age for anal sex

A

18

33
Q

The police have the right to search a persons car during a routine stop-

A

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

CRM 1300 (11 decks)

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