Criminal Law Flashcards
What is mens rea?
- “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
what is actus reas?
- “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
What are the 3 types of offences?
- summary conviction offences
-indictable conviction offences - hybrid conviction offences
what are summary conviction offences?
minor criminal offences with less severe punishments
- statute of limitation: 6 months
- penalty: small fine ($2000) to imprisonment for 6 months
what are indictable conviction offences
serious criminal offences with severe penalties
- statute of limitation: none
- penalty: each offence has its own max/min - depends on crime
what are hybrid offences
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
What are the types of sentences?
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
Goals of Sentencing
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.
Define legal.
Something permitted by the law (ex. dying your hair, wearing religious clothing)
Define illegal.
Something that is NOT allowed by the law (ex. purchasing cigarettes under the age of 19, burning leaves)
Define criminal.
Relating to, involving, or being a crime (ex. theft, assault, kidnapping, trafficking of marijuana)
Define legalizing.
to make an act legal (allowed, some restriction)
Define decriminalizing.
to make an act illegal (not allowed), but NOT CRIMINAL
Define criminalizing.
to make an act criminal (criminal record, severe punishment)
What is the Criminal Code of Canada?
- 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
Identify and describe the three ways police can apprehend someone.
- Arrest with a reasonable cause/doubt
- Arrest Warrant
- Surrender
What are the circumstances where a police officer can arrest someone without a warrant?
- They have reasonable grounds to suspect a person has either committed or is about to commit an indictable offence
- They catch a person in the act of committing a criminal offence
- They find a person who they believe is named on an arrest warrant.
What must a police officer do for an arrest to be considered legal?
- Identification - police officer must identify him/herself
- Advisement & Charge - the accused must be advised that they are under arrest and must be told what criminal offence they are being charged with
- Caution 1- police must advise the accused of their right to counsel (lawyer)
- Caution 2 - police must advise the accused of their right to remain silent
- Physical Touch - police officers must take physical control of the individual (ex. handcuffs)
I D C C P
Under what circumstances is an accused person usually awarded pre-trial release?
- 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
What is promise to appear?
a signed document where the accused promises to appear in court on a specific day/time
What is recognizance?
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
What is undertaking?
a signed document where the accused promises to appear in court and where conditions are given for their release
What is the difference between direct evidence and circumstantial evidence?
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)
What are the different types of evidence?
** LOOK AT WORKSHEET FOR MORE DETAIL **
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
What is disclosure?
the responsibility of the crown prosecutor to share evidence with the defence counsel.
Identify and describe the players in the criminal trial process.
- 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
Who does the burden of proof fall upon in a Canadian Criminal Court?
The Crown prosecutor
What is a jury? Who might be excluded from serving on a jury?
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
Define empanelling a jury
to select an assign a jury for the purpose of deciding a case
Define challenge of the jury list
formal objection of the panel list (ex. biased, misconduct)
Define challenge for the cause
When a lawyer makes a formal objection to a prospective juror for specific reasons (ex. they are a police officer)
Define preemptory challenge
When a lawyer makes a formal objection to a prospective juror for no specific reason
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)?
Sequestering a Jury
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 __________.
direct examination; cross examination
What is a Motion for Dismissal?
A request that the judge dismisses the charges against the accused because the Crown failed to prove guilt beyond a REASONABLE DOUBT.
What is Charge to the Jury?
When the judge explains, to the jury, the law and how it applies to the case before they deliberate.
What is RECIDIVISM?
When an offender returns to crime after their release from prison
Whats a victim impact statement?
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.
What is principle of totality?
term for when the judge needs to decide on a sentence that isn’t overly harsh and long.
What does the opening statement include?
- Identification of the offence
- Summary of the offence
- An outline of the way the Crown will present its case
When a judge is deciding on an appropriate sentence for an offender, what reports might he/she consult while considering the offender?
- Pre sentence Report: provides background info. on offender
- Psychiatric Assessment: describes the mental health history of the offender
Flow chart on criminal trial process.
Accused is arraigned
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Jury is selected
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Judge address jurors
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Crown presents opening statement
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Crown examines witnesses
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Motion for dismissal
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Defence presents opening statement
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Defence examines witnesses
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Crown presents rebuttals
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Defence presents surrebuttals
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Closing statements/arguments
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Judge gives charges to the jury
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Jury deliberates
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Jury gives a verdict
What does the closing statement include?
A summary of the case (after all testimony and evidence is presented)
