CHP 7 Flashcards
What is culpable homicide?
Culpable homicide is blamable or criminal homicide.
Culpable homicide involves situations where the offender can be held responsible for the act.
What is non-culpable homicide?
Non-culpable homicide is homicide where the person won’t be held responsible.
This may include instances such as self-defense.
What is the maximum penalty for manslaughter?
The maximum penalty for manslaughter is 14 years.
Manslaughter is typically considered less severe than murder.
What are the maximum penalties for different types of murder?
- First degree murder: 25 years
- Second degree murder: 10 years and parole application
- Infanticide: 5 years in prison
Infanticide is treated uniquely due to potential mental health issues.
What are the levels of assault?
- Assault (least serious)
- Assault causing bodily harm
- Aggravated assault (most serious)
Each level of assault carries different legal implications and penalties.
What is the overall age of consent?
The overall age of consent is 16 years.
There are exceptions based on age differences for those aged 12-15.
What is the close in age exception for individuals aged 14/15?
Individuals aged 14/15 can consent if the age gap is less than 5 years.
This exception helps protect young people from legal repercussions in consensual relationships.
What is abduction?
Abduction is the kidnapping of a child from their custodial parent.
This is a serious criminal offense with severe penalties.
What is the legal definition of ‘Colour of Right’?
Colour of Right refers to using someone’s property with permission from the owner.
This serves as a defense for certain smaller offenses.
What is arson?
Arson is the intention to start a fire.
Common motivations include revenge, insurance payout, or attempted murder.
What are the classifications of driving offences under the Criminal Code of Canada?
- Reckless driving
- Vehicular manslaughter
- Driving under the influence
Each category has distinct legal consequences.
What is the fine range for speeding under the Motor Vehicle Act?
$138-$483 fine.
Additionally, speeding can result in points on the driver’s license.
What is the maximum sentence for infanticide?
The maximum sentence for infanticide is 5 years in prison.
This often relates to the mental health of the mother.
What is euthanization?
Euthanization is doctor-assisted suicide, which is now legal after a Supreme Court decision in 2015.
The Catholic Church opposes euthanization.
What is the difference between theft and robbery?
Theft involves stealing without consent, while robbery uses force or threats.
Robbery is considered a more serious offense due to the use of violence.
What is the burden of proof for the Crown in homicide cases?
The Crown must prove actus reus and mens rea, along with premeditation for murder.
This establishes the responsibility of the accused.
What constitutes criminal harassment?
Criminal harassment is the pursuit of repeated communication with an unwilling victim.
This behavior can lead to serious legal consequences.
What is the legal issue with solicitation in prostitution?
Solicitation is illegal as it involves the exchange of money for sexual services.
Prostitution is often debated regarding its legalization.
What is the role of a pimp in the context of prostitution?
A pimp forces women to work for them through physical abuse, drug addiction, or threats.
This exploitation is a significant issue within the sex trade.
What is considered obscenity?
Obscenity includes words, images, or actions that are offensive to public morality.
Examples include restrictions on music with constant swearing.
What is the definition of terrorism?
Terrorism is the unlawful use of force or violence to further political or social objectives.
This encompasses a wide range of violent acts.
What is the consequence of selling prescribed medication?
Selling prescribed medication can lead to charges of trafficking.
This is a serious offense under drug laws.
What is the legal implication of identity theft?
Identity theft involves stealing someone’s personal information for fraudulent purposes.
This is classified as a white-collar crime with severe penalties.
What is the definition of ‘survival sex trade worker’?
A survival sex trade worker is someone who works on the streets for money in exchange for sex.
This often highlights the socio-economic struggles faced by individuals in this situation.
Fill in the blank: The maximum penalty for _______ is 5 years in prison.
Infanticide.
Infanticide cases often involve considerations of the mother’s mental health.
