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The Digestive System > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

What is mens rea?

A
  • “the guilty mind”.
  • Mens Rea includes 4 subelements:
    -> Intent: the purpose of the act; desire to carry out a wrongful action
    -> Knowledge: knowing that what you are doing is illegal; awareness of facts
    -> Recklessness: acting recklessly without any regard for the consequences of the actions
    -> Willful Blindness: deliberately ignoring certain information; turning a blind eye
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2
Q

what is actus reas?

A
  • “the guilty action”
  • has 3 subelements:
    -> Voluntary Action: the individual has control over their actions (they chose to do such a thing)
    -> Failure to Act: failing to do something - ex. leaving the scene of an accident
    -> State of being: being in the possession of something illegal or/and being somewhere illegal
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3
Q

What are the 3 types of offences?

A
  • summary conviction offences
    -indictable conviction offences
  • hybrid conviction offences
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4
Q

what are summary conviction offences?

A

minor criminal offences with less severe punishments
- statute of limitation: 6 months
- penalty: small fine ($2000) to imprisonment for 6 months

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5
Q

what are indictable conviction offences

A

serious criminal offences with severe penalties
- statute of limitation: none
- penalty: each offence has its own max/min - depends on crime

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6
Q

what are hybrid offences

A

offences that could be seen as summary or indictable (fall in the middle)
- begins as INDICTABLE
- the crown decides which way to proceed (summarily or indictable)
- sentence/penalty/punishment depends on the crime itself

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7
Q

What are the types of sentences?

A

D I P S V I C C F

  • Discharge
  • Intermittent Sentence (weekends)
  • Probation
  • Suspended Sentence
  • Victim Surcharge
  • Compensation
  • Conditional sentence
  • Fines

ISDO - Indeterminate Sentence for a Dangerous Offender

  • Life Sentences
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8
Q

Goals of Sentencing

A

D D S R R R

  • Denunciation: punishment is meant to condemn the offenders actions
  • Deterrence: discourage offenders or members of society to commit offences
  • Segregation: punishment separates the offender from the rest of society
  • Rehabilitation: punishment makes the offender a law-abiding citizen
  • Responsibility: punishment ensures that the offender accepts that their actions are wrong and accepts how it has harmed the victim and/or society
  • Restitution: punishment requires the offender to pay the victim or society back for the injuries, loss, suffering, etc.
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9
Q

Define legal.

A

Something permitted by the law (ex. dying your hair, wearing religious clothing)

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10
Q

Define illegal.

A

Something that is NOT allowed by the law (ex. purchasing cigarettes under the age of 19, burning leaves)

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11
Q

Define criminal.

A

Relating to, involving, or being a crime (ex. theft, assault, kidnapping, trafficking of marijuana)

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12
Q

Define legalizing.

A

to make an act legal (allowed, some restriction)

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13
Q

Define decriminalizing.

A

to make an act illegal (not allowed), but NOT CRIMINAL

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14
Q

Define criminalizing.

A

to make an act criminal (criminal record, severe punishment)

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15
Q

What is the Criminal Code of Canada?

A
  • procedures that must be followed in criminal cases
  • a range of punishments a judge can impose
  • outlines behaviors that are considered to be criminal offences in Canada
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16
Q

Identify and describe the three ways police can apprehend someone.

A
  1. Arrest with a reasonable cause/doubt
  2. Arrest Warrant
  3. Surrender
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17
Q

What are the circumstances where a police officer can arrest someone without a warrant?

A
  1. They have reasonable grounds to suspect a person has either committed or is about to commit an indictable offence
  2. They catch a person in the act of committing a criminal offence
  3. They find a person who they believe is named on an arrest warrant.
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18
Q

What must a police officer do for an arrest to be considered legal?

A
  1. Identification - police officer must identify him/herself
  2. Advisement & Charge - the accused must be advised that they are under arrest and must be told what criminal offence they are being charged with
  3. Caution 1- police must advise the accused of their right to counsel (lawyer)
  4. Caution 2 - police must advise the accused of their right to remain silent
  5. Physical Touch - police officers must take physical control of the individual (ex. handcuffs)

I D C C P

19
Q

Under what circumstances is an accused person usually awarded pre-trial release?

A
  • If they are arrested for a hybrid offence that is going trial as a summary offence
  • If they are arrested for a first-time, non-violent offence
  • If they are arrested for an offence for which the maximum penalty is less than $2000
20
Q

What is promise to appear?

A

a signed document where the accused promises to appear in court on a specific day/time

21
Q

What is recognizance?

A

a signed document where the accused promises to appear in court AND where the accused is required to pay a sum of money if they fail to appear

22
Q

What is undertaking?

A

a signed document where the accused promises to appear in court and where conditions are given for their release

23
Q

What is the difference between direct evidence and circumstantial evidence?

A

Direct: evidence that directly links the defendant to the crime (ex. eyewitness testimonies)

Circumstantial: evidence that leads to a reasonable belief that the accused is most likely the one who committed the crime (ex. DNA, fingerprints)

24
Q

What are the different types of evidence?

** LOOK AT WORKSHEET FOR MORE DETAIL **

A

S H O P C C E P P

  • Similar Fact Evidence
  • Hearsay Evidence
  • Opinion Evidence
  • Photographs
  • Confessions
  • Character Evidence
  • Electronic Devices and Video Surveillance
  • Polygraph Evidence
  • Privileged Communication
25
Q

What is disclosure?

A

the responsibility of the crown prosecutor to share evidence with the defence counsel.

26
Q

Identify and describe the players in the criminal trial process.

A
  • Judge: A person who oversees a trial and decides how the law should be applied
  • Crown Attorney: the lawyer who prosecutes on behalf of the gov. or society
  • Defence Counsel: the legal representation of the accused
  • Court Clerk: a person who keeps records and files, and processes documents for a court
  • Court Reporter: a person who documents court proceedings
  • Sheriff: A crown-appointed official who acts as part of the justice administration system
  • Witnesses
27
Q

Who does the burden of proof fall upon in a Canadian Criminal Court?

A

The Crown prosecutor

28
Q

What is a jury? Who might be excluded from serving on a jury?

A

A jury is a group of 12 people chosen by the Crown and Defence counsel; politicians, doctors, someone who is visually impaired, etc. are excluded from serving on a jury

29
Q

Define empanelling a jury

A

to select an assign a jury for the purpose of deciding a case

30
Q

Define challenge of the jury list

A

formal objection of the panel list (ex. biased, misconduct)

31
Q

Define challenge for the cause

A

When a lawyer makes a formal objection to a prospective juror for specific reasons (ex. they are a police officer)

32
Q

Define preemptory challenge

A

When a lawyer makes a formal objection to a prospective juror for no specific reason

33
Q

What is it called when a jury is kept isolated until it reaches a verdict (i.e. away from families, no access to television/news, no access to social media)?

A

Sequestering a Jury

34
Q

When a lawyer, Crown prosecutor or Defence, is questioning their own witness, this is referred to as ________. When they question witnesses belonging to the other side, this is referred to as __________.

A

direct examination; cross examination

35
Q

What is a Motion for Dismissal?

A

A request that the judge dismisses the charges against the accused because the Crown failed to prove guilt beyond a REASONABLE DOUBT.

36
Q

What is Charge to the Jury?

A

When the judge explains, to the jury, the law and how it applies to the case before they deliberate.

37
Q

What is RECIDIVISM?

A

When an offender returns to crime after their release from prison

38
Q

Whats a victim impact statement?

A

A statement prepared by the VICTIM of the crime, or by the victim’s family, describing the harm or the loss suffered because of the offence.

39
Q

What is principle of totality?

A

term for when the judge needs to decide on a sentence that isn’t overly harsh and long.

40
Q

What does the opening statement include?

A
  • Identification of the offence
  • Summary of the offence
  • An outline of the way the Crown will present its case
41
Q

When a judge is deciding on an appropriate sentence for an offender, what reports might he/she consult while considering the offender?

A
  • Pre sentence Report: provides background info. on offender
  • Psychiatric Assessment: describes the mental health history of the offender
42
Q

Flow chart on criminal trial process.

A

Accused is arraigned
↓
Jury is selected
↓
Judge address jurors
↓
Crown presents opening statement
↓
Crown examines witnesses
↓
Motion for dismissal
↓
Defence presents opening statement
↓
Defence examines witnesses
↓
Crown presents rebuttals
↓
Defence presents surrebuttals
↓
Closing statements/arguments
↓
Judge gives charges to the jury
↓
Jury deliberates
↓
Jury gives a verdict

43
Q

What does the closing statement include?

A

A summary of the case (after all testimony and evidence is presented)

The Digestive System (2 decks)

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