225-T2 - Criminal Law Flashcards
Legal definition of crime
a crime is a conduct that is prohibited by law and subject to a penal sanction
What does criminal law do
- defines crimes
- specifies penalties
- principles of criminal responsibility
- defences to a criminal charge
where does criminal law come from in Canada?
- Federal Legislation.
- Judicial decisions that either interpret such legislation or state the ‘common law’
What legislative body/bodies can pass CRIMINAL law in Canada?
The Parliament of Canada
What legislative body/bodies can pass criminal laws in The States? what is an example of law enacted by said body/bodies
federal and state levels of government e.g. legalization of marijuana – some states legalized it, some didn’t
what is the purpose of a criminal law according to the Supreme Court of Canada?
to direct people away from a “public evil”
What is outlined in the Criminal Code of Canada?
- the definition of criminal acts and the legal elements present for a conviction of said acts
scope of the law
the law applies to all; no one is above it
character of the law
laws should be clear and made public
insitutions of the law
- independent judiciary
- written laws
- fair, public hearings
who established that the parliament has exclusive jurisdiction over criminal law and procedures? when?
the consitution act in 1867
when was the criminal code of canada (CCC) first passed?
1892
what are the four federal criminal statutes?
- the criminal code of canada
- the youth criminal justice act
- the controlled drugs and substances act
- the customs and excise act
Five Components of the Canadian Justice System (CJS)
- laws and law-making
- policing and enforcement of laws
- (criminal) court systems
- corrections
- release and re-entry
What are the 6 Philosophies behind the Canadian Justice System and Criminal Law
- Justice
- Deterrence
- Punishment
- Protection
- Rehabilitation
- Reintegration
What legislative body/bodies can pass QUASI-CRIMINAL laws (e.g. related to health, education, highways, liquor control, hunting, fishing) in Canada?
Federal and Provincial powers
Regulatory legislation
- concerned with the orderly regulation of legitimate activity
- regulatory offences do not constitute criminal law because it is not “public evil”
“true crimes”
criminal offences, NOT regulatory offences
regulatory offences
less serious offenses, regarding regulatory legislation, not “true” criminal offences
e.g. not being registered to fish
common law
laws that evolve in areas not covered by legislation
e.g. common-law marriage, where a couple who does not have a marriage license get similar rights as married people if they meet certain conditions
after parliament, what is the second major source of criminal law?
judge-made criminal law
judge-made criminal law
legal rules/ideals/standards that judges have used in past cases to be applied to current cases (AKA case law)
Three types of criminal offences accoding to the Criminal Code of Conduct (CCC)
- summary offence
- hybrid offence
- indictable offence
what is a summary offence?
- least serious offence
- very cut and dry, categorized
- within 12 months of crime
- only a judge is required to decide if you are convicted
what are hybrid offences?
- crown/prosecutor can choose if you commited a summary or indictable with based on other factors:
- seriousness of accussed’s actions
- harm caused
- decided by either a judge alone OR a judge and jury
examples of summary offences
- public urination
- disturbance in public place
- trespassing at night
what are indictable offences?
- most serious type of offence
- crown decides how to treat the offence based on seriousness
- decided by judge or judge+jury
examples of indictable offence
- sexual assault
- sexual interference
- dangerous operation of a vessel or aircraft
- theft over $5k, breaking and entering, murder, etc.
What does the Charter of Rights and Freedoms establish?
- equality rights before the law and protection of the law
- equality based on race, national/ethnic origin, colour, religion, sex, age, mental/physical disability
5 main rights and freedoms of the Charter of Rights
- fundamental freedoms
- democratic rights
- mobility rights
- legal rights
- equality rights
fundamental freedoms (3)
- thought/belief/opinion/expression
- conscience and religion
- association and peaceful assembly
democratic rights (2)
- voting
- holding office
mobility rights
- moving around (to enter, live/remain in, and leave Canada)
legal rights (5)
- life, liberty, and security
- fair trial
- free from unreasonable search or seizure
- not to be subject to cruel and unusual punishment
- interpreter(s) in legal proceedings
equality rights (3)
- equal benefits and protection of the law
- language rights
- minority language educational rights
Actus reus
refers to the act or omission itself that comprise the physical elements of a crime as required by statute
- voluntary
Mens Rea
**state of mind **required by statute in order to commit a particular crime otherwise called the mental elements of a crime criminal intent
when was the charter of rights and freedoms established?
1982
when was the constitution act established?
1867
what legislation states that parliament has exclusive jurisdiction over criminal law and procedures?
the constitution act
what two elements need to be present to constitute a “crime”?
actus reus and mens rea
three elements of actus reus
- conduct (the act)
- circumstances
- consequences of the voluntary act
criminal ommision. what is it and why is it just as bad as doing an act of crime?
legal: “failure to perform legal duty”
e.g. cop were to arrest a known criminal , criminal has a heart attack in the back seat, cop does not try to save them
it is just as bad because it still has the consequences of harm
exceptions to what could be considered actus reus
- perjury (does not require proof of consequences)
- crimes of ommision require the breaking of a “legal duty” e.g. protecting your kids and spouse
- voluntary
what does subjective mens rea focus on?
intention to commit to the consequences
the three parts to subjective mens rea include: intention and knowledge, ________________________, and willful blindness
recklessness (going through with the conseuqnces of an action prohibited by law)
objecgtive mens rea
does not focus on the intention of consequences of an action, but did not take the best course of action to minimize the risk of causing harm
what can make you a “party” to a crime?
if you aid (help) another person in committing a crime or abet (encourage) a person to commit a crime
Inchoate crime
when a person attempts to bring about a crime but is unsuccessful in doing so
three types of incoate offences
- counselling (e.g. hiring a hitman)
- criminal attempt (e.g. attempted murder)
- conspiracy (2+ plan to commit a criminal offence
patchwork of defences
legal strategy that ensures that those who have a justification or excuse for their conduct are either acquitted or treated more leniently
what are the 6 common defences to a criminal charge?
- mental disorder
- mistake of fact
- intoxication
- choice
- provocation
- self-defence
what is the specific terminology used when a person in court is argued to be affected by their mental disorder(s)?
not criminally responsible on account of mental disorder (NCRMD)
the resolutions in NCRMD cases include
- absolutely discharged
- a conditional discharge
- an order holding them in custody in a psychiatric facility
what are some examples of a “mistake of fact” defence in court?
e.g. assaulter thought that the victim was consenting to a sexual encounter
T/F ignorance to the law (not knowing the law (correctly)) counts as mistake of fact
FALSE
is intoxication related to the actus reus or the mens rea of a crime ?
mens rea: did the intoxicating substance prevent the accused from forming subjuective mens rea (intent to commit a specific offence)
what are the two components of choice that can be used in defences in committing a criminal action?
necessity and duress
example of a crime committed out of necessity
after paul and saul got hammered, saul got injured. paul drove to the hospital while intoxicated to get saul medical care
example must be an action to avoid the occurrence of a greater (unknown) evil/consequence
example of an action commited while under** duress**
aunt sally signs uncle bob in her will because he put a gun to her head
example must be of a certain actor subjected to a threat of death/bodily harm
what should a provocation defence include?
- that the charge is murder (this defence would turn it into manslaughter)
- the provocation is sudden
- heat of passion
- sufficient to deprive an ordinary person the power of self-control
