Criminal Law Flashcards
actus reus
“a wrongful deed”; criminal act or omission to act, which with men’s rea, makes one criminally liable
aggravated assault
third, most serious level of assault in criminal law; assault that wounds, maims, disfigures, or endangers the life of the victim
aiding
helping or assisting someone in committing a crime
assault causing bodily harm
second level of assault in criminal law; assault that interferes with the victim’s health of comfort in a significant way (not a minor hurt or injury) or assault involving a real, threatened, or imitation weapon
attempt
an effort or a try; an act done with the intent to commit an offence
case law
aka common law; a substantive law; law based on judges’ trial decisions, precedent, and reported case law
conspiracy
a serious agreement or arrangement to commit an unlawful act
constitution
The Constitution of Canada is the most supreme law; reaffirms Canada’s dual legal system and also includes Aboriginal rights and treaty rights
criminal law
the body of public law that declares acts to be crimes and prescribes punishments for those crimes
criminal code
main source of criminal law in Canada; describes offences that are considered crimes, as well as punishments for crimes.
homicide
killing another person, directly or indirectly
homicide in self-defence
non-culpable homicide; not a criminal and occurs when death is caused by complete accident or self-defence
hybrid offences
criminal offences that may be tried, at the Crown’s option, as summary conviction offences or indictable offences with the corresponding less or more severe punishment
indictable offences
severe or particularly serious criminal offences, which have correspondingly severe penalties and which proceed by way of a formal court document called an indictment
manslaughter
homicide, or the killing of another person, by committing an unlawful act and with only general intent
(example: speeding and killing pedestrian)
mens rea
“a guilty mind”; the knowledge, intent, or recklessness of one’s actions, which together with actus rea, makes one criminally liable
planned or deliberate homicide
would be called murder; intentional killing
precedent
a legal decision that serves as an example and authority in subsequent similar cases; basis for the rule of precedent– the legal principle in which similar facts result in similar decisions
rule of law
fundamental principle that society is governed by law that applies equally to all persons and that neither an individual nor the gov. is above the law
summary offences
minor criminal offences (in contrast to indictable offences), which are tried immediately (summarily) without a preliminary hearing or jury
abetting
to encourage someone to commit a crime
major components of the justice system
law enforcement
courts
prosecution
defence
sentencing and punishment
probation and rehabilitation
what are the elements of a crime
actus rea and mens rea
what are the types of crimes in general
hybrid offences
summary offences
indictable offences
accessory after the fact
someone who helps a criminal escape detention or capture
who can be dismissed from being an accessory after the fact?
spouse
categories of major crime
violent crimes
property crime
other crimes
(actions with high social impact)
general duties of police
maintain order
enforce law
ensure safety
prevent crimes
arrest
need reasonable and probably grounds to arrest someone who they believe has committed a crime
what to say when arresting someone
must state why they are being arrested and what they are being arrested for
what does the accused has rights to in relation to an arrest
the right to be informed of the reasons for arrest
the right to counsel without delay
the right to challenge the lawfulness of the detention or arrest in court
what do do police gain to authority to do when arresting
search the person and their immediate environment
- this ensures the safety of officers, prevent escape attempts, and find any evidence
investigative detention
police can detain if they have reasonable suspicion
de facto arrest
detentions that are prolonged without a justified detention
what rights do citizens have in relation to detention
right to counsel and must be informed of their right to counsel immediately
what can police do during interrogations
pose question concerning the individual and investigation
record
build rapport using various techniques
present current evidence
are individuals allowed to have a lawyer during the interrogation
no but they can have them before and after
what are the individual rights during police interrogation
right to silence
right to legal counsel
common law rule of voluntariness
right to bail
right to information
right to appeal conditions
right to be free of harrassment
exceptions to obtaining a warrant
under the circumstance that it would be unreasonable for the police to obtain the warrant at that very moment
how much force can be used while searching and seizing
as much force as necessary
what are the conditions of a warrant
only valid at the specific location between specific times
invasive body searches
must be conducted by the same sex, and are allowed upon arrest under reasonable grounds
citizens rights during search and seizure
don’t have to answer specific questions
right to speak to a lawyer privately
right to be informed that are guaranteed legal aid if they cannot afford it
if intoxicated, right to sober up before being interrogated
who usually has control of the courtroom during preliminary hearings and trials
judges
what can they do if they think is necessary to adminster justice and maintain order
exclude the public and even the accused
what do judges decide that can influecne the trials outcome
whether evidence and questioning are admisible
crown
prosectuors responsible to see that justice is done
defence
represents the accused to ensure they have their legal rights protected
court clerk tasks
reads out the charges against the accused
swears in witnesses
tags evidence
handles the paperwork and routine tasks required by the court
direct evidence
witness testiomony on something they actually saw
circumstantial evidence
something thats highly probably
Privileged communications
cannot be required to use in court as evidence
- spousal interaction
similar fact evidence
info proving that the accused committed similar offences in the past
hearsay evidence
witness testimony on indirect experiences
opinion evidence
professionals opinion
characyer evidence
evidence of accused negatives traits and previous convictions
photo and electronic surveillance
only admisible if deemed accurate
polygraph evidence
lie detector tests
confessions
accused acknowledges the charge
illegally obtained evidence
the offence severity, how it was committeed and how it was obtained is usually considere
citizen’s rights in evidence
protected from self-incrimination
right to refuse to samples or tests
right to a laywer’s counsel
right to remain silent
beginning motions of trial
crown and defence present motions to the judge
stay of proceedings
stop the trial until further action is taken
jury
lets the public see conflicts resolved by peers
when can the accused pick between trial by judge or judge and jury
less severe indictable offences
emapnelling
process of selecting 12 jurors
presenting evidence in court
hand to court clerk, explain to judge as clerk hands it to them
give other party a copy
presenting a doc to a witness
make sure other side has a copy
dive doc to the clerk who will give it to the judge
once identified, will be marked as exhibit
some defences
self defence
mental disorder
intoxication
consent
excusable conduct
commits offense under compulsion of threats of immediate death
automatism
unable to control whether to perform an act
entrapment
occurs when a police officers provokes an individual into committing
mistake of fact
error about the offence circumstances
double jeapordy
if acquitted cannot be tried for the same crime
