Chapter 2 Flashcards
Explain substantive criminal law
Written laws that define specific behaviours as crimes. Based on common values of what is right and wrong. Laws are enacted by Parliament, but can be influenced by judicial interpretation. Always changing with new laws and new interpretations
Explain procedural criminal law
Procedures for the processing of cases through criminal justice system, “principles of fundamental justice.” Empowers actions of criminal justice agencies. Safeguards rights of accused and convicted individuals. Focus on legal guilt of the offender rather than the factual guilt.
Explain criminal liability
A set of principles that allow for the determination of criminal guilt and the imposition of punishment.
What are the elements of crime?
A crime is an action…
- that is harmful
- that is prohibited by the criminal law
- that can be prosecuted by the state in a formal court environment, for which punishment can be imposed.
What is the legal definition of a crime?
Corpus delecti; “the body of the crime.”
What are the elements that must be proven for a conviction?
- Legality
- Mens rea
- Actus reus
- Concurrence of mens rea and actus reus
- Harm
- Causation
- Punishment
What are the levels of culpability?
Purposeful: An individual did it on purpose
Knowledge: an individual is committing an act or causing a harm but they’re not acting for that purpose.
Recklessness: An individual is consciously creating a risk or causing a criminal harm
What is actus reus?
Assumption that the actor alone is responsible for his or her actions. Could include acts of commission or omission.
What is harm?
A criminal statute is unconstitutional if it bears no reasonable relationship to the matter of injury to the public. Raises the issue of victimless crimes
What is causation?
Conduct of the accused produced a crime. Issues with time
What is punishment?
Law must state the sanctions for every crime in order for people to know possible consequences of criminal actions
What are the elements of criminal liability?
Harm, causation and punishment
What are legal defences of excuse?
Age Mental disorder Automatism Mistake of Fact Mistake of Law
What is automatism?
Unconscious or involuntary behaviour.
What are the legal defences of justification?
Duress Necessity Self-defence Provocation Entrapment
Explain duress
Crime committed because threat of imminent death or bodily harm or no realistic alternative action
Explain necessity
Crime committed because danger caused by forces of nature or human conduct other than threats of harm
Explain self defence as a legal defence of justification
Use of force against another person to defend self, others or property is justified. R v Lavallee is an important case, battered woman syndrome
Explain provocation as a legal defence of justification
Wrongful act or insult that deprives an ordinary person of self control
Explain entrapment as a legal defence of justification
If an agent deceives a person into committing a crime, provides an opportunity to commit a crime, or induces a person to commit a crime.
What are the written sources of criminal law?
Common law Statute law Case law Administrative regulations Constitution
Common law
laws that are applicable to all, regardless of local customs. Stare decisis: decisions based on precedent.
Statute law
Laws that prohibit or mandate certain acts. ex the criminal code
Case law
Judicial application and interpretation of law based on facts of case
Administrative Regulations
Rules in areas like environment or competition. Regulatory offences can have criminal penalties.
Constitution
Supreme law in Canada. Laws must not infringe on fundamental rights.
What are the different classifications of criminal law?
Summary, hybrid and indictable
Explain summary offences
offences that are only prosecutable by summary conviction. Generally punishable by a period of incarceration not exceeding 6 months and a max fine of $2,000
Expain hybrid offences
Allow the prosecutors the discretion to decide whether they wish to proceed with a case as a summary conviction or an indictable offence. The decision is based on factors like the previous record of the offender and any mitigating factors associated with the crime.
What are the three types of indictable offences?
Absolute jurisdiction indictable offences, supreme court exclusive indictable offences, and election indictable offences
Explain absolute jurisdiction indictable offences
the accused has to be tried by a provincial court judge
Explain Supreme court exclusive indictable offences
these crimes must be tried by a federally appointed judge and a jury in a provincial superior court.
Explain the federal conservatives “tough on crime” approach in terms of Canadian criminal law reform
enacted the Tackling Violent Crime Act (2007), Truth and Sentencing Act (2010 and the Safe Streets and Communities Act (2012). The purpose of these reforms was to hold criminals fully accountable for their actions, and that the safety and security of law abiding canadians and victims comes first in Canadian justice system
Explain the Ontario Safe Streets Act (1999)
Criminalized some behaviour that was viewed as disorderly. This concern emerged with the publication of the “broken window theory,” which led to provinces and cities passing legislation to control behaviour believed to contribute to disorder. Attempts to control soliciting and acts of aggression.
What acts are prohibited under the Safe Streets Act?
Aggressive soliciting:
- threatening a person with physical harm
- obstructing the path of a person who is being solicited
- using abusive language during or after solicitation
- continuing to solicit a person in a persistent manner after the person has said they dont want to give any money.
Soliciting to a captive audience
- near a pay phone or washroom
- near a bank teller machine
- on public transit
- in a parking lot
