Chapter 3: Criminal Law

Question 1

What is a crime?

Answer 1

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

Question 2

What is Criminal Law?

Answer 2

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.

Question 3

Where does criminal law come from in Canada?

Answer 3

1. Federal legislation

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

Question 4

What does the Substantive criminal law do?

Answer 4

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

Question 5

What does Procedural Law do?

Answer 5

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

Question 6

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

Answer 6

Formal social Control

Question 7

What are 5 Components of the Canadian Justice System?

Answer 7

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)

Question 8

6 philosophical tenets that underpin the CJS and Criminal Law

Answer 8

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

Question 9

What is a criminal Procedure?

Answer 9

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.

Question 10

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

Answer 10

1. Summary convictions
2. Indictable offences
3. Hybrid/mixed offences

Question 11

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

Answer 11

Indictable offences.

Question 12

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

Answer 12

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

Question 13

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

Answer 13

Regulatory offences

Question 14

What do regulatory offences do ?

Answer 14

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

Question 15

What are “true crimes”?

Answer 15

criminal offences.

Question 16

When does a “true crime” occur?

Answer 16

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

Question 17

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

Answer 17

seeming, not real, or halfway

Question 18

What is common law?

Answer 18

Laws that evolve in areas not covered by legislation

Question 19

What does the Charter do?

Answer 19

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

Question 20

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

Answer 20

Actus Reus and Mens Rea

Question 21

What is Actus Reus?

Answer 21

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

Question 22

What is Mens Rea?

Answer 22

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

Question 23

What are the three components of Actus Reus?

Answer 23

1. Conduct
2. Circumstances
3. Consequences.

Question 24

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

Answer 24

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

Question 25

What is subjective mens rea?

Answer 25

The accused intended to bring about consequences prohibited by law.

Question 26

What are the forms of subjective mens rea?

Answer 26

- Intention and knowledge - Recklessness - wilful blindness

Question 27

What is objective mens rea?

Answer 27

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

Question 28

these 3 actions can make you a "party to a crime" .

Answer 28

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

Question 29

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

Answer 29

TRUE

Question 30

What are Inchoate Crimes

Answer 30

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

Question 31

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

Answer 31

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

Question 32

What are Civil liberty concerns?

Answer 32

Criminal law should not punish people for entertaining evil thoughts.

Question 33

What is NCRMD?

Answer 33

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

Question 34

What is "Mistake of fact"?

Answer 34

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

Question 35

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

Answer 35

Intoxication

Question 36

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

Answer 36

Necessity

Question 37

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

Answer 37

Duress

Question 38

What is provocation?

Answer 38

The accused was provoked to do a crime.

Question 39

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

Answer 39

Self-defence