Chapter 5: The Criminal Code Flashcards
homicide
killing another human being, directly or indirectly
murder
intentional homicide (killing of another person); recognized as having two classes: first-degree murder and second-degree murder
manslaughter
homicide, or the killing of another person, by committing an unlawful act and with only general intent (ex. speeding and killing a pedestrian, giving a lethal punch in a sudden, provoked brawl)
infanticide
the killing of an infant shortly after birth by the mother as she is not fully recovered from the effects of giving birth (ex. post-partum depression) and her mind is disturbed
culpable homicide
blamable or criminal homicide, as in murder, manslaughter; infanticide
non-culpable homicide
homicide that is not criminal, but caused completely by accident or in self-defence
first-degree murder
the killing of another person that is planned and deliberate, in which the victim is a law enforcement agent, or that is related to committing or attempting other crimes that are particularly offensive to society (ex. hostage taking, sexual assault, hijacking an airplane)
second-degree murder
intentional homicide that does not meet the conditions of first-degree murder
causation
the fact of being the producer (cause) of an effect, result, or consequence (ex. the cause of death); an important principle in murder trials; in civil law, one of the elements that must be proven in a negligence action
euthanasia
acting to end another’s life painlessly as an act of mercy; often committed when the victim is suffering from an incurable and disabling disease; sometimes called mercy killing
assault
in criminal law, the term for three levels of assault (assault, assault causing bodily harm, aggravated assault); first level of assault = the threat of, or actual, physical contact without consent or approaching/blocking a person while openly carrying a real/imitation weapon; in tort law, the threat of danger or violence (rather than any actual contact, which is called battery in tort law)
assault causing bodily harm
the second of three levels of assault in criminal law; assault that interferes with the victim’s health or comfort in significant way (not a minor hurt or injury) or assault involving a real, threatened, or imitation weapon
aggravated assault
the third, most serious of three levels of assault in criminal law; assault that wounds, maims, disfigures, or endangers the life of the victim
sexual assault
the broad term for the three levels of sexual assault (the most serious of which is aggravated sexual assault), which parallel those for assault; combining the former offences of rape and indecent assault; also, the first level of sexual assault, which is defined as the first level of assault by involving sexual conduct
aggravated sexual assault
the third, most serious of three levels of sexual assault; sexual assault that wounds, maims, disfigures, or endangers the life of the victim