Criminal Law Flashcards
Who has the power to enact and amend criminal law in Canada?
Criminal law is enacted by a democratically elected federal government
It is largely influenced by the Supreme Court
The Criminal Code of Canada was written and can be amended by the federal government of Canada, and criminal offenses are treated the same across the country
List the 4 elements that constitute a crime.
- The actions or behaviour of the person must be considered immoral by MOST Canadians
- The person’s actions must cause harm to society and any individual victims
- The harm caused by the person’s actions must be serious
- The person must be punished by the criminal justice system for their actions
Differentiate between criminalization, decriminalization, and legalization.
Criminalization: to make a behaviour a criminal offence in the Criminal Code
Decriminalization: to make a behaviour that was illegal punishable only by FINES
Legalization: to make an act completely legal by removing it from the Criminal Code
Differentiate between actus reus and mens rea.
Actus reus: the voluntary physical/guilty act, omission, or state of being that constitutes a crime – the act itself; a wrongful deed
Mens rea: the mental element of one’s criminal actions; the guilty mind in the commission of the act
Name and define the 6 forms of mens rea.
- Knowledge: awareness of certain facts that can be used to establish mens rea
- Intention: the true purpose of the accused (general – no ulterior motive/purpose; specific – committing one act to accomplish another; the ultimate goal)
- Criminal state of mind: the accused knew they were doing something illegal (they may not have intended the outcome of their actions, but they had a certain mindset in conducting said actions)
- Wilful blindness: the accused knew of the possibility of illegality, but they chose not to ask questions or investigate the situation
- Recklessness: the accused consciously takes an unjustifiable risk that a reasonable person would not take
- Criminal negligence: the accused did not realize the consequences of their actions when a reasonable person would have
Define liability, and differentiate between strict and absolute liability.
Liability: regulatory laws that are set up to protect the public so that mens rea does not need to be proven (e.g. environmental protection, workplace safety, hunting and fishing regulations, traffic offenses)
Strict liability: the accused may agree that they committed the offence, but they can defend themselves by claiming that due diligence was exercised (they did everything that they could have done to prevent the act) (e.g. human rights/discrimination cases)
Absolute liability: once the Crown proves that the offence was committed by the accused, the court must find them guilty – the crime has no possible defense (e.g. speeding)
Name and describe the 5 possible perpetrators of a crime.
- Principal(s): the main perpetrator(s)
- Aiders and abettors: those who helped or encouraged the perpetrator(s) to commit the crime without physical involvement – they did not necessarily have to be at the scene of the crime
- Counsellors: provide help to the perpetrator(s) before the act is committed (e.g. advice, information, encouragement, supply of equipment)
- Accessories after the fact: learn of the crime after it is committed and help the perpetrator(s) conceal it, escape, or simply choose to not report it
- Parties to common intention: contribute in planning/executing the crime – if more crimes are committed by their collaborators, they are equally guilty
What are the 2 forms of incomplete crimes?
- Attempt: even if a person is unsuccessful in the commission of a crime, they can still be charged with CRIMINAL ATTEMPT
- Conspiracy: agreement between two or more people to perform an illegal act – even if the crime is not committed, they can still be charged for having planned it
