Criminal justice Flashcards
Actus Reus
The physically act of committing a crime
Mens Rea
criminal intent
Concurrence
Mens Rea and Actus Reus must happen at the same time
Causation
actions that were the cause of harm or damage
Legality
The crime must be on the books and clearly defined
Deviance
Any act that violates social norms
how many violent crimes involve a weapon?
Only about 25% of violent crimes involve any weapon
Cultivation theory
people who watch more television are likely to overestimate the amount of crime in the world
Where do judges hear summary conviction cases?
Judge hears summary conviction cases in provincial court
Is a person convicted of a summary crime typically arrested?
No
Does a person convicted of a summary crime need to appear in court?
No
What is the maximum penalty for a summary offence?
$5,000 and/or 6 months in jail
6 examples of a summary offence?
shoplifting, simple assault, drunk driving, theft under $5,000, carrying a concealed weapon, possessing narcotics
Can a person convicted of an indictable offence be arrested?
yes when the police have grounds to believe that the person has committed an indictable offence or is about to commit an indictable offence
Does a person convicted of an indictable offence need to appear in court?
yes those convicted must show up in court and they may represent themselves or be represented by a lawyer
4 examples of an indictable offence?
theft over $5,000, break and enter, aggravated sexual assault, and murder
What is an example of a maximum penalty for indictable offence
Maximum penalties may include life in prison
Hybrid offences
An offence that falls between a summary offence and an indictable offence where the prosecutor can choose based on factors such as the seriousness of the accused actions and the harm caused
1st-degree murder
when it is planned and deliberate
or when death is caused by a person while committing or attempting to commit an indictable offence
2nd-degree murder
deliberate killing that occurs without planning (Malice aforethought) and
cannot fall under any categories of first-degree murder
Manslaughter
homicide committed without intent although there may have been an intention to cause harm
Unlawful act
a crime that unintentionally results in the death of another person
Criminal negligence
when the homicide was the result of reckless disregard for the lives of others
Sexual assault 3
aggravated