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SOC 225 - Criminology > 225-T2 - Criminal Law > Flashcards

225-T2 - Criminal Law Flashcards

1
Q

Legal definition of crime

A

a crime is a conduct that is prohibited by law and subject to a penal sanction

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2
Q

What does criminal law do

A
  1. defines crimes
  2. specifies penalties
  3. principles of criminal responsibility
  4. defences to a criminal charge
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3
Q

where does criminal law come from in Canada?

A
  • Federal Legislation.
  • Judicial decisions that either interpret such legislation or state the ‘common law’
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4
Q

What legislative body/bodies can pass CRIMINAL law in Canada?

A

The Parliament of Canada

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5
Q

What legislative body/bodies can pass criminal laws in The States? what is an example of law enacted by said body/bodies

A

federal and state levels of government e.g. legalization of marijuana – some states legalized it, some didn’t

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6
Q

what is the purpose of a criminal law according to the Supreme Court of Canada?

A

to direct people away from a “public evil”

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7
Q

What is outlined in the Criminal Code of Canada?

A
  • the definition of criminal acts and the legal elements present for a conviction of said acts
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8
Q

scope of the law

A

the law applies to all; no one is above it

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9
Q

character of the law

A

laws should be clear and made public

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10
Q

insitutions of the law

A
  • independent judiciary
  • written laws
  • fair, public hearings
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11
Q

who established that the parliament has exclusive jurisdiction over criminal law and procedures? when?

A

the consitution act in 1867

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12
Q

when was the criminal code of canada (CCC) first passed?

A

1892

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13
Q

what are the four federal criminal statutes?

A
  1. the criminal code of canada
  2. the youth criminal justice act
  3. the controlled drugs and substances act
  4. the customs and excise act
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14
Q

Five Components of the Canadian Justice System (CJS)

A
  1. laws and law-making
  2. policing and enforcement of laws
  3. (criminal) court systems
  4. corrections
  5. release and re-entry
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15
Q

What are the 6 Philosophies behind the Canadian Justice System and Criminal Law

A
  1. Justice
  2. Deterrence
  3. Punishment
  4. Protection
  5. Rehabilitation
  6. Reintegration
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16
Q

What legislative body/bodies can pass QUASI-CRIMINAL laws (e.g. related to health, education, highways, liquor control, hunting, fishing) in Canada?

A

Federal and Provincial powers

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17
Q

Regulatory legislation

A
  • concerned with the orderly regulation of legitimate activity
  • regulatory offences do not constitute criminal law because it is not “public evil”
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18
Q

“true crimes”

A

criminal offences, NOT regulatory offences

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19
Q

regulatory offences

A

less serious offenses, regarding regulatory legislation, not “true” criminal offences

e.g. not being registered to fish

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20
Q

common law

A

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

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21
Q

after parliament, what is the second major source of criminal law?

A

judge-made criminal law

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22
Q

judge-made criminal law

A

legal rules/ideals/standards that judges have used in past cases to be applied to current cases (AKA case law)

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23
Q

Three types of criminal offences accoding to the Criminal Code of Conduct (CCC)

A
  1. summary offence
  2. hybrid offence
  3. indictable offence
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24
Q

what is a summary offence?

A
  • least serious offence
  • very cut and dry, categorized
  • within 12 months of crime
  • only a judge is required to decide if you are convicted
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25
Q

what are hybrid offences?

A
  • 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
26
Q

examples of summary offences

A
  • public urination
  • disturbance in public place
  • trespassing at night
27
Q

what are indictable offences?

A
  • most serious type of offence
  • crown decides how to treat the offence based on seriousness
  • decided by judge or judge+jury
28
Q

examples of indictable offence

A
  • sexual assault
  • sexual interference
  • dangerous operation of a vessel or aircraft
  • theft over $5k, breaking and entering, murder, etc.
29
Q

What does the Charter of Rights and Freedoms establish?

A
  • equality rights before the law and protection of the law
  • equality based on race, national/ethnic origin, colour, religion, sex, age, mental/physical disability
30
Q

5 main rights and freedoms of the Charter of Rights

A
  1. fundamental freedoms
  2. democratic rights
  3. mobility rights
  4. legal rights
  5. equality rights
31
Q

fundamental freedoms (3)

A
  1. thought/belief/opinion/expression
  2. conscience and religion
  3. association and peaceful assembly
32
Q

democratic rights (2)

A
  1. voting
  2. holding office
33
Q

mobility rights

A
  1. moving around (to enter, live/remain in, and leave Canada)
34
Q

legal rights (5)

A
  1. life, liberty, and security
  2. fair trial
  3. free from unreasonable search or seizure
  4. not to be subject to cruel and unusual punishment
  5. interpreter(s) in legal proceedings
35
Q

equality rights (3)

A
  1. equal benefits and protection of the law
  2. language rights
  3. minority language educational rights
36
Q

Actus reus

A

refers to the act or omission itself that comprise the physical elements of a crime as required by statute
- voluntary

37
Q

Mens Rea

A

**state of mind **required by statute in order to commit a particular crime otherwise called the mental elements of a crime criminal intent

38
Q

when was the charter of rights and freedoms established?

A

1982

39
Q

when was the constitution act established?

A

1867

40
Q

what legislation states that parliament has exclusive jurisdiction over criminal law and procedures?

A

the constitution act

41
Q

what two elements need to be present to constitute a “crime”?

A

actus reus and mens rea

42
Q

three elements of actus reus

A
  1. conduct (the act)
  2. circumstances
  3. consequences of the voluntary act
43
Q

criminal ommision. what is it and why is it just as bad as doing an act of crime?

A

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

44
Q

exceptions to what could be considered actus reus

A
  1. perjury (does not require proof of consequences)
  2. crimes of ommision require the breaking of a “legal duty” e.g. protecting your kids and spouse
  3. voluntary
45
Q

what does subjective mens rea focus on?

A

intention to commit to the consequences

46
Q

the three parts to subjective mens rea include: intention and knowledge, ________________________, and willful blindness

A

recklessness (going through with the conseuqnces of an action prohibited by law)

47
Q

objecgtive mens rea

A

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

48
Q

what can make you a “party” to a crime?

A

if you aid (help) another person in committing a crime or abet (encourage) a person to commit a crime

49
Q

Inchoate crime

A

when a person attempts to bring about a crime but is unsuccessful in doing so

50
Q

three types of incoate offences

A
  1. counselling (e.g. hiring a hitman)
  2. criminal attempt (e.g. attempted murder)
  3. conspiracy (2+ plan to commit a criminal offence
51
Q

patchwork of defences

A

legal strategy that ensures that those who have a justification or excuse for their conduct are either acquitted or treated more leniently

52
Q

what are the 6 common defences to a criminal charge?

A
  1. mental disorder
  2. mistake of fact
  3. intoxication
  4. choice
  5. provocation
  6. self-defence
53
Q

what is the specific terminology used when a person in court is argued to be affected by their mental disorder(s)?

A

not criminally responsible on account of mental disorder (NCRMD)

54
Q

the resolutions in NCRMD cases include

A
  1. absolutely discharged
  2. a conditional discharge
  3. an order holding them in custody in a psychiatric facility
55
Q

what are some examples of a “mistake of fact” defence in court?

A

e.g. assaulter thought that the victim was consenting to a sexual encounter

56
Q

T/F ignorance to the law (not knowing the law (correctly)) counts as mistake of fact

A

FALSE

57
Q

is intoxication related to the actus reus or the mens rea of a crime ?

A

mens rea: did the intoxicating substance prevent the accused from forming subjuective mens rea (intent to commit a specific offence)

58
Q

what are the two components of choice that can be used in defences in committing a criminal action?

A

necessity and duress

59
Q

example of a crime committed out of necessity

A

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

60
Q

example of an action commited while under** duress**

A

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

61
Q

what should a provocation defence include?

A
  • 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

SOC 225 - Criminology (13 decks)

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