3rd - Chapter 2

Question 1

Code of Hammurabi

Answer 1

The first written criminal code, developed in Babylonia about 2000 BCE

Question 2

Lex talionis

Answer 2

punishment based on physical retaliation (“an eye for an eye”), a precursor of more abstract forms of retribution used today

Question 3

Mosaic Code

Answer 3

By tradition, the covenant between God and the tribes of Israel in which they agreed to obey his law in return for God’s special care and protection

Question 4

Wergild

Answer 4

under medieval law, the money paid by the offender to compensate the victim and the state for a criminal offence

Question 5

Oath-helpers

Answer 5

During the Middle Ages, groups of 12 to 25 who would support the accused’s innocence

Question 6

Stare decisis

Answer 6

the principle that the courts are bound to follow the law established in previously decided cases (precedent) unless the law was overruled by a higher authority

Question 7

Common law

Answer 7

Early English law that was developed by judges and incorporated Anglo-Saxon tribal custom, feudal rules and practices, and the everyday rules of behaviour of local villages. Common law became the standardized law of the land in England, and eventually formed the basis of criminal law in Canada

Question 8

Inchoate crimes

Answer 8

incomplete or contemplated crimes such as solicitation or criminal attempts

Question 9

Tort law

Answer 9

the law of personal wrongs and damage, such as negligence, libel, and slander

Question 10

Indictable offence

Answer 10

a serious offence, such as murder, which carries a serious penalty

Question 11

Summary offence

Answer 11

a minor offence whose penalty is a maximum six months in jail, or a fine

Question 12

Mala in se

Answer 12

crimes rooted in the core values inherent in our culture, deemed universal

Question 13

Mala prohibitum

Answer 13

crimes defined by current public opinion and social values, subject to change

Question 14

Folkways

Answer 14

customs with no moral values attached, such as not interrupting people who are speaking

Question 15

Mores

Answer 15

customs or conventions essential to a community, which often form the basis of criminal law

Question 16

Vagrancy

Answer 16

a summary offence crime, meant to prohibit homelessness, begging, and loitering

Question 17

General deterrence

Answer 17

measures, such as long prison sentences for violent crimes, aimed at convincing the potential law violator that the pains associated with crime outweigh its benefit

Question 18

Specific deterrence

Answer 18

a punishment severe enough to convince convicted offenders never to repeat their crimes, which is based on the principle that an individual can be dissuaded from committing a crime if the cost outweighs the benefit

Question 19

Actus reus

Answer 19

an illegal act, such as taking money or shooting someone; also a failure to act, such as not taking proper precautions while driving a car

Question 20

Mens rea

Answer 20

the intent to commit the criminal act, needed for most offences except strict liability

Question 21

Intent

Answer 21

carrying out an act intentionally, knowingly, and willingly

Question 22

Transferred intent

Answer 22

an illegal yet unintended act results from the intent to commit a crime

Question 23

Constructive intent

Answer 23

the finding of criminal liability for an unintentional act that is the result of negligence or recklessness

Question 24

Strict-liability crimes

Answer 24

illegal acts with no need for intent, or mens rea; they are usually acts that endanger the public welfare, such as illegal dumping of toxic wastes or speeding

Question 25

Mental disorder

Answer 25

a disease of the mind includes an abnormal condition that impairs functioning, excluding self-induced states caused by alcohol and transitory states such as hysteria

Question 26

M’Naghten rule

Answer 26

in 1843, an English court established Daniel M’Naghten was not responsible for murder because delusions had caused him to act. The principle of criminal responsibility states that an accused cannot be held legally liable for their actions if they do not know what they are doing or cannot distinguish right from wrong

Question 27

Duress

Answer 27

one of the grounds that excuse an accused from responsibility from an act, if it can be shown that the accused was forced or compelling by someone else to commit a criminal act

Question 28

Entrapment

Answer 28

a criminal defence maintaining that the police initiated the criminal action

Question 29

Disclosure

Answer 29

A principle established in R. v. Stinchcombe (1991), where the prosecution must give all evidence gathered by police to the defendant in order to make a complete defence to the charges

Question 30

Assisted suicide

Answer 30

the practice of seeking help from a physician in committing suicide; not legal in Canada

Question 31

Stalking

Answer 31

the criminal offence of following or harassing a victim even though no actual assault or battery has occurred

Question 32

Cyberstalking

Answer 32

the use of the Internet, email, or other electronic communication devices to stalk another person

Question 33

Sex offender registration

Answer 33

requirement that released offenders register and report to the police, and keep them informed of their whereabouts, including any change of address

Question 34

Community notification

Answer 34

legislation that requires convicted sex offenders to register with local police when they move into an area or neighbourhood