Chapter 4- Introduction to Criminal Law Flashcards
actus reus
“a wrongful deed”; the physical act of a crime
mens rea
“a guilty mind”; the knowledge, intent, or recklessness of one’s actions
criminal code
main source of criminal law in Canada and describes which acts are offences and explains their punishments
hybrid offence
criminal offence that may be tried, at the crown’s opinion, as a summary conviction offence or indictable offence, with corresponding less or more severe punishment
summary conviction offence
a minor criminal offence in contract to an indictable offence (summarily) without a preliminary hearing or jury
indictable offence
a more serious crime that invites a greater punishment
the Law Reform Commission’s 4 conditions for an act to be considered a crime:
- the act must be considered immoral by most Canadians
- the act must harm individuals and society
- harm caused by the act must be serious in nature
- the person must be punished by the criminal justice system
legal
any action that does not harm others and is not against the law
illegal
an action that is considered immoral; not legal but also not criminal
criminal
an action that is considered immoral and potentially harmful to others; included in the criminal code
the Law Reform Commission’s 7 principles of justice or fairness in the justice system:
- fairness
- efficiency
- clarity
- restraint
- accountability
- participation
- protection
self conviction
less serious criminal offences (misdemeanors)
3 categories of offence:
- self conviction
- indictable
- hybrid
indictable
a more serious criminal offence with a severe punishment
hybrid
a criminal offence in which the Crown decides how to treat the charge (summary or indictable)
time limit
to lay charges is known as a statute of limitations
maximum punishment for summary
$2000 fine and/or 6 months of prison
maximum punishment for indictable
life in prison
maximum punishment for hybrid
2-10 years in prison
time limit for summary
charges must be laid within 6 months of alleged incident
time limit for indictable
no time limit or statute of limitations
time limit for hybrid
no limit or status on where the case is tried as a summary or indictable
recklessness
the careless disregard for the possible results of an action
willful blindness
occurs when someone purposely ignores certain facts or information
motive
an accused’s reason for committing a certain act
attempts
a person who intends to commit a crime but fails to complete it can be found guilty of a mens rea offence
conspiracy
an agreement between two or more people to commit a crime
aiding
a person who assists or helps someone to commit a crime
abetting
the act of encouraging a person to commit a crime
accessory
someone who knows someone committed a crime and helps the person who committed the crime to escape the police
organized crime
a person of three or more people with a common identity for criminal purposes
the five main courts:
- provincial courts- criminal division
- provincial superior court- appeals and trials
- provincial court of appeal
- federal court
- supreme court
job of provincial court
hears and tries summary conviction offences and misdemeanours
job of provincial superior court
tries the most serious crimes
job of provincial court of appeal
the final court of appeal in the province
job of the federal court
divided into two parts: federal court and federal court of appeal; hears legal disputes that involve the federal government (eg- jurisdiction, immigration, copyright issues)
job of supreme court of canada
the highest court of appeal in the country, must be of national importance ( a law must be interpreted). there are 9 judges and can serve until they are 75 years old
job of supreme court of canada
the highest court of appeal in the country, must be of national importance ( a law must be interpreted). there are 9 judges and can serve until they are 75 years old
