Chapter 3: Criminal Law Flashcards
What is a crime?
Conduct that is prohibited by law and subject to a penal sanction.
What is Criminal Law?
A body of jurisprudence that includes
- the definition of various crimes,
- specification of various penalties,
- a set of general principles concerning criminal responsibility,
- a series of defences to a criminal charge.
Where does criminal law come from in Canada?
- Federal legislation
2. Judicial decisions that either interpret such legislation or state the “common law”
What does the Substantive criminal law do?
Defines criminal acts and the legal elements that must be present for a conviction.
What does Procedural Law do?
Specifies the criminal procedures to be followed in prosecuting a case and the powers of CJS officials
The Canadian Justice system is a system of what type of control?
Formal social Control
What are 5 Components of the Canadian Justice System?
- Laws and Law-making
- Policing and the enforcement of laws
- (Criminal) Court system
- Corrections
- Release and Re-entry (into society)
6 philosophical tenets that underpin the CJS and Criminal Law
- Justice
- Deterrence
- Punishment
- Protection
- Rehabilitation
- Reintegration
What is a criminal Procedure?
Legislation that specifies the procedures to be followed in the prosecution of a criminal case that defines the nature and scope of the powers of criminal justice officials.
The Procedural provisions of the criminal code classified offences into 3 categories, what are they?
- Summary convictions
- Indictable offences
- Hybrid/mixed offences
These types of offences carry the most serious penalties upon conviction of the accused
Indictable offences.
Apart from the criminal code, 3 other relevant federal criminal statues create criminal law, what are they?
- Youth Criminal Justice Act
- Controlled Drugs and Substances Act
- Customs and Excise Act
These offences do not consititute criminal law because it does not address “public evil”.
Regulatory offences
What do regulatory offences do ?
Regulate inherently legitimate activities connected with trade, commerce and industry or with everyday living.
What are “true crimes”?
criminal offences.
When does a “true crime” occur?
when an individual engages in conduct that is not only inhibited but also constitutes a serious breach of community values.
What does the word”quasi” in quasi-criminal law mean?
seeming, not real, or halfway
What is common law?
Laws that evolve in areas not covered by legislation
What does the Charter do?
It sets out those rights and freedoms that Canadians believe are necessary in a free democratic society.
___ ___ and ____ ___ need to be shown beyond reasonable doubt for a person to be convicted.
Actus Reus and Mens Rea
What is Actus Reus?
An event or state of affairs was “caused” by the accused person’s conduct. (Guilty ACT)
What is Mens Rea?
Conduct was accompanied by a certain state of mind. (guilty MIND)
What are the three components of Actus Reus?
- Conduct
- Circumstances
- Consequences.
TRUE OR FALSE: In Actus Reus, the accused’s conduct can also be involuntary actions
FALSE; the accused’s conduct must be voluntary. There may be no actus reus due to involuntary actions
What is subjective mens rea?
The accused intended to bring about consequences prohibited by law.
What are the forms of subjective mens rea?
- Intention and knowledge
- Recklessness
- wilful blindness
What is objective mens rea?
Based on the determination on if a reasonable person would do such things in the same circumstances. (Reasonable Persons Check)
these 3 actions can make you a “party to a crime” .
- actually commits a crime.
- aids another person to commit a crime
- encourages any person to commit a crime
TRUE or FALSE: a person who aids/encourages a murder is equally as guilty as a person who actually commits it.
TRUE
What are Inchoate Crimes
(when a person attempts to bring about a crime but is unsuccessful in doing so)
-Unfinished crimes
There are 3 types of criminal code inchoate offences, what are they?
- Counselling- inciting another to commit a crime.
- Criminal Attempt
- Conspiracy- an agreement by 2+ persons to commit a crime.
What are Civil liberty concerns?
Criminal law should not punish people for entertaining evil thoughts.
What is NCRMD?
Defence to a criminal Charge meaning; Non-criminally Responsible via Mental Disorder.
-Being mentally unaware, IN THE MOMENT of committing the crime.
What is “Mistake of fact”?
Defence to a criminal charge where the accused made an honest mistake that resulted in committing a crime.
This defence to a criminal charge is applicable if you cannot form the mental intent to do the crime.
Intoxication
The accused commits a lesser evil of a crime to avoid a greater evil. What defence is this?
Necessity
The accused commits a crime out of fear of death, or significant injuries to loved ones or the accused. What defence is this?
Duress
What is provocation?
The accused was provoked to do a crime.
Using slightly more force than your attacker to escape is a form of which defence?
Self-defence
