Chapter 6 - The Nature of Crime Flashcards
Crime
An act or omission of an act that is prohibited and punishable by federal statute.
Criminal law
The body of laws that prohibit and punish acts that injure people, property, and society as a whole.
Quasi-Criminal Laws
Laws covering less serious offences at the provincial or municipal level; most often punishable by fines.
Actus Reus
“The guilty act” - the voluntary action, omission, or state of being that is forbidden by the Criminal Code.
Mens Rea
A deliberate intention to commit a wrongful act, with reckless disregard for the consequences.
Intent
A state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences.
General Intent
The desire to commit a wrongful act, with no ulterior motive or purpose.
Specific Intent
The desire to commit one wrongful act for the sake of accomplishing another.
Motive
The reason a person commits a crime.
Knowledge
An awareness of certain facts that can be used to establish mens rea.
Criminal Negligence
Reckless disregard for the lives and safety of others.
Recklessness
Consciously taking an unjustifiable risk that a reasonable person would not take.
Willful Blindness
Deliberate closing of one’s mind to the possible consequences of one’s actions.
Regulatory Laws
Federal or provincial statutes whose purpose is to protect the public’s welfare.
Liability
Legal responsibility for a wrongful action.
Strict Liability Offences
Offences that do not require mens rea but for which the accused may present a defence of due diligence.
i.e. Acme Waste Disposal Company did everything they could to not pollute the river
Due Diligence
The defence that the accused took every possible precaution to avoid committing the offence.
Absolute Liability Offences
Offences that do not require mens rea and for which the accused may not present a defence of due diligence.
i.e. Driving without a license
Perpetrator
The person who commits the crime.
Parties to an Offence
People who are indirectly involved in committing a crime.
Aiding
A criminal offence that involves helping a perpetrator commit a crime.
Abetting
The criminal offence of encouraging the perpetrator to commit an offence.
Counselling
A criminal offence that involves advising, recommending, or persuading another person to commit a criminal offence.
Accessory After the Fact
Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police.
Party to Common Intention
The shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit.
Attempt
The intention to commit a crime even if it is not actually committed.
Conspiracy
An agreement between two or more people to carry out an illegal act even if it is not actually committed.
