CHPT 7 definitions Flashcards
Violent Crimes
Violent crimes are offenses which cause harm to an individual or their reputation.
Homicide
The killing of another person, directly or indirectly.
non-culpable homicide
Homicide for which a person will not be held criminally responsible.
Culpable Homicide
Blamable or Criminal homicide.
Murder
Intentional Homicide.
First-degree murder
The most serious form of homicide, as defined in the Criminal Code. Carry’s a minimum penalty of life with the possibility of parole after 25 years. To be considered First degree murder it must be either planned and deliberate, victim is a law enforcement agent or death occurs while another crime is being committed.
second-degree murder
Murder that does not meet the conditions of first-degree murder. Life imprisonment, possible parole after 10 years.
Manslaughter
Culpable homicide that is not murder or infanticide. Max sentence is life no minimum sentence, unless a gun is involved in that case it is minimum 4 years with possibility of parole after a third of the sentence is served.
Infanticide
A female person commits infanticide when by a wilful act or omission she causes the death of her newly born child.
Assisted Suicide
The act of counselling, aiding, or abetting someone to commit suicide.
Euthanasia
Mercy killing, usually to relieve suffering.
Culpable
An act which you can be held criminally responsible for.
Non Culpable
An act which you may not be held criminally responsible for.
Causation
The relationship existing between the defendant’s action and the plaintiff’s loss that would not have occurred “but for” the defendants’ actions; in murder trials, cause of death.
Provocation
Committing a crime during the heat of passion.
Assault
The application or threat of force without the other person’s consent.
Assault causing bodily harm (level 2 assault)
The second of three levels of assault in criminal law; An attack which usually involves a weapon and causes bodily harm to the point where medical attention is needed.
Sexual Assault
The broad term for the three levels of sexual assault, type of assault which involves any type of unwanted sexual activity.
Aggravated assault ( Level 3 assault)
The most serious of three levels of assault in Canadian Law; An attack which wounds, maims, disfigures or endangers the life of the victim.
Level One sexual assault
Level one addresses sexual assault. This level indicates that the assailant committed an assault that was sexual in nature, but though it compromised the sexual integrity of the victim, no physical injuries were inflicted. This may include inappropriate touching, unwanted kissing, and oral, vaginal, or anal sex. On this level, the matter of consent is critical. Section 271(1) carries a maximum penalty of 10 years.
Level Two Sexual Assault
Level two addresses sexual assault that causes bodily harm or involves a weapon or threats to a third party. Section 272(1) Carry a maximum sentence of 14 years in prison.
Level Three Sexual Assault
Section 273(1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. Max penalty life imprisonment.
Consent*
Agreement given freely and voluntarily.
Age of consent
The age at which a young person can legally consent to sexual activity. Age of consent in Canada is 16 years old unless there is a position of trust, authority or dependancy.
Rape shield
Rape shield law, statute or court rule, introduced in the late 20th century, which limits the ability of the defendant’s counsel to introduce the accuser’s sexual history as evidence during a rape trial.
Abduction
The illegal, forced removal of a child from the custodial parent.
Robbery
Theft involving violence or threats of violence.
Arson
Intentionally causing damage to property by fire.
Theft
Taking someone’s property without her or his consent.
Color of Right*
In legal terms, “color of right” refers to an individual’s genuine belief that they have a legal right to use or possess a particular property, even if this belief is later found to be mistaken. It can be a defense against charges like trespassing if the belief is honest and reasonable.
Identity Theft
Using someone personal information without his or her consent to commit a crime.
Break and enter
Entering someone’s premises without permission with intent to commit an indictable offense.
Non-restricted firearm
Any rifle or shotgun that is neither restricted nor prohibited.
Fraud
Intentional deceit in order to cause a loss of property.
False Pretences*
Presenting untruths or false information to induce the victim to act upon it.
restricted firearm
A firearm that needs to be registered.
Street Racing
The criminal offense of driving a vehicle at high speeds in a reckless and dangerous manner.
prohibited firearm
A firearm that a person is not allowed to possess.
Prostitution
Sexual activity in exchange for money.
Soliciting
Communicating for the purposes of prostitution.
Obscenity
Words, images, or actions that are offensive to public morality.
Terrorism
The unlawful use of force or violence to further certain political or social objectives.
Drug
A chemical or substance that alters the structure or function of a living organism.
Controlled Substance
Any material listed in the Controlled Drugs and Substances Act.
Authorization to Possess*
Legal authority to possess and produce marijuana for medical purposes.
Traffic
To sell, administer, give, transfer, transport, send, or deliver a controlled substance.
Motor Vehicle
A vehicle that moves other than by muscular power, not including railway equipment.
Blood Alcohol Concentration (BAC)
A measure of concentration of alcohol in a person’s blood.
Roadside screening test
A test given by police to check for impaired driving.
Level One Assault
Applying intentional force without the other persons consent. Attempting or threatening, by an act or gesture, to apply force against somone. Approaching or blocking the way of someone.
Specific intent
Specific intent refers to the mental state in which a person consciously and purposefully engages in an action with a particular outcome or goal in mind. It involves an intentional or deliberate desire to achieve a specific result beyond the act itself.
General Intent
General intent pertains to the mental state where an individual knowingly and voluntarily commits an act, understanding the basic consequences associated with the action. Unlike specific intent, general intent does not require a specific outcome to be intended; rather, it focuses on the awareness of the act itself.
