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SOC225- Criminology > Chapter 3: Criminal Law > Flashcards

Chapter 3: Criminal Law Flashcards

1
Q

What is a crime?

A

Conduct that is prohibited by law and subject to a penal sanction.

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2
Q

What is Criminal Law?

A

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.
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3
Q

Where does criminal law come from in Canada?

A
  1. Federal legislation

2. Judicial decisions that either interpret such legislation or state the “common law”

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4
Q

What does the Substantive criminal law do?

A

Defines criminal acts and the legal elements that must be present for a conviction.

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5
Q

What does Procedural Law do?

A

Specifies the criminal procedures to be followed in prosecuting a case and the powers of CJS officials

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6
Q

The Canadian Justice system is a system of what type of control?

A

Formal social Control

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7
Q

What are 5 Components of the Canadian Justice System?

A
  1. Laws and Law-making
  2. Policing and the enforcement of laws
  3. (Criminal) Court system
  4. Corrections
  5. Release and Re-entry (into society)
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8
Q

6 philosophical tenets that underpin the CJS and Criminal Law

A
  1. Justice
  2. Deterrence
  3. Punishment
  4. Protection
  5. Rehabilitation
  6. Reintegration
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9
Q

What is a criminal Procedure?

A

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.

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10
Q

The Procedural provisions of the criminal code classified offences into 3 categories, what are they?

A
  1. Summary convictions
  2. Indictable offences
  3. Hybrid/mixed offences
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11
Q

These types of offences carry the most serious penalties upon conviction of the accused

A

Indictable offences.

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12
Q

Apart from the criminal code, 3 other relevant federal criminal statues create criminal law, what are they?

A
  1. Youth Criminal Justice Act
  2. Controlled Drugs and Substances Act
  3. Customs and Excise Act
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13
Q

These offences do not consititute criminal law because it does not address “public evil”.

A

Regulatory offences

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14
Q

What do regulatory offences do ?

A

Regulate inherently legitimate activities connected with trade, commerce and industry or with everyday living.

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15
Q

What are “true crimes”?

A

criminal offences.

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16
Q

When does a “true crime” occur?

A

when an individual engages in conduct that is not only inhibited but also constitutes a serious breach of community values.

17
Q

What does the word”quasi” in quasi-criminal law mean?

A

seeming, not real, or halfway

18
Q

What is common law?

A

Laws that evolve in areas not covered by legislation

19
Q

What does the Charter do?

A

It sets out those rights and freedoms that Canadians believe are necessary in a free democratic society.

20
Q

___ ___ and ____ ___ need to be shown beyond reasonable doubt for a person to be convicted.

A

Actus Reus and Mens Rea

21
Q

What is Actus Reus?

A

An event or state of affairs was “caused” by the accused person’s conduct. (Guilty ACT)

22
Q

What is Mens Rea?

A

Conduct was accompanied by a certain state of mind. (guilty MIND)

23
Q

What are the three components of Actus Reus?

A
  1. Conduct
  2. Circumstances
  3. Consequences.
24
Q

TRUE OR FALSE: In Actus Reus, the accused’s conduct can also be involuntary actions

A

FALSE; the accused’s conduct must be voluntary. There may be no actus reus due to involuntary actions

25
Q

What is subjective mens rea?

A

The accused intended to bring about consequences prohibited by law.

26
Q

What are the forms of subjective mens rea?

A
  • Intention and knowledge
  • Recklessness
  • wilful blindness
27
Q

What is objective mens rea?

A

Based on the determination on if a reasonable person would do such things in the same circumstances. (Reasonable Persons Check)

28
Q

these 3 actions can make you a “party to a crime” .

A
  1. actually commits a crime.
  2. aids another person to commit a crime
  3. encourages any person to commit a crime
29
Q

TRUE or FALSE: a person who aids/encourages a murder is equally as guilty as a person who actually commits it.

A

TRUE

30
Q

What are Inchoate Crimes

A

(when a person attempts to bring about a crime but is unsuccessful in doing so)
-Unfinished crimes

31
Q

There are 3 types of criminal code inchoate offences, what are they?

A
  1. Counselling- inciting another to commit a crime.
  2. Criminal Attempt
  3. Conspiracy- an agreement by 2+ persons to commit a crime.
32
Q

What are Civil liberty concerns?

A

Criminal law should not punish people for entertaining evil thoughts.

33
Q

What is NCRMD?

A

Defence to a criminal Charge meaning; Non-criminally Responsible via Mental Disorder.
-Being mentally unaware, IN THE MOMENT of committing the crime.

34
Q

What is “Mistake of fact”?

A

Defence to a criminal charge where the accused made an honest mistake that resulted in committing a crime.

35
Q

This defence to a criminal charge is applicable if you cannot form the mental intent to do the crime.

A

Intoxication

36
Q

The accused commits a lesser evil of a crime to avoid a greater evil. What defence is this?

A

Necessity

37
Q

The accused commits a crime out of fear of death, or significant injuries to loved ones or the accused. What defence is this?

A

Duress

38
Q

What is provocation?

A

The accused was provoked to do a crime.

39
Q

Using slightly more force than your attacker to escape is a form of which defence?

A

Self-defence

SOC225- Criminology (10 decks)

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