chapter 2

Question 1

where does the word crime come from

Answer 1

the latin word “crimen” which means accusation

Question 2

where does criminal law come from?

Answer 2

legislation decisions and judicial decisions (common law)

Question 3

who can criminal law be enacted by

Answer 3

parliament of Canada and legislatures of provinces and territories

Question 4

crime can be defined by what three elements

Answer 4

1) a prohibition against certain behaviour
2) a penalty for violating that prohibition
3) the penalty and prohibition must be directed against a public “evil”

Question 5

what is substantive criminal law

Answer 5

laws that define criminal offences and specifies legal elements that must be presented before conviction (declaring someone’s guilty)

Question 6

what is Criminal Procedure

Answer 6

laws that specify procedures followed in the prosecution of a criminal case

Question 7

what is an Indictable Offence

Answer 7

a serious offence like murder, kidnapping, sexual assault, terrorism, drug trafficking, etc.

Question 8

what is a summary (conviction) offence

Answer 8

less serious crimes like drinking and driving, causing public disturbance, soliciting a prostitute

Question 9

what’s a mixed/hybrid offence

Answer 9

an offence that can both be tried as a summary offence or a indictable offence

Question 10

what is a regulatory offence

Answer 10

non serious crimes that are usually dealt with tickets and fines

Question 11

what is common law

Answer 11

judge Made law that isn’t passed by legislation

Question 12

under what two circumstances is medically assisted dying okay

Answer 12

1) if there is clear consent to the ending of life

2) if the person is suffering from a medical condition that is intolerable

Question 13

what argument was made when deciding whether medically assisted suicide should be legal

Answer 13

because of section 7 in the criminal code the states a person has the right to life, liberty, and freedom

Question 14

which bill is the medical assistance in dying act

Answer 14

Bill C-14

Question 15

what are the two elements of crime

Answer 15

Actus reus and Mens rea

Question 16

what does actus reus mean and what are the three elements

Answer 16

refers to the action, behaviour, and no-mental elements of a crime

• conduct (behaviour)
• circumstances
• consequences

Question 17

what is considered bodily harm

Answer 17

physical or mental harm

Question 18

what does “mens rea” mean

Answer 18

it refers to all the mental elements that the crown mist prove to obtain conviction for a criminal offence

it refers to the guilty mind and wrongful intention of the accused

Question 19

what is the mens rea requirement and what does it ensure

Answer 19

the requirement is to analyze or in relation to each of the three elements of the actus reus

it ensures that only the defendants who are morally blameworthy are convicted

Question 20

what is subjective mens rea

Answer 20

based on the idea that a persons may not be convicted of a criminal offence unless they 1) purposely intended to and 2) subjectively realized that their behaviour would result in the consequences

Question 21

what is objective mens rea

Answer 21

based on the idea that the accused person should be convicted of certain offences not because they intended it, but because reasonable people would have avoided the behaviour/conduct

Question 22

what three forms of subjective mens rea are required to be proven in criminal prosecution

Answer 22

1) Intention and knowledge
2) recklessness
3) wilful blindness