Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Studies > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

actus reus

A

“a wrongful deed”; criminal act or omission to act, which with men’s rea, makes one criminally liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

aggravated assault

A

third, most serious level of assault in criminal law; assault that wounds, maims, disfigures, or endangers the life of the victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

aiding

A

helping or assisting someone in committing a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

assault causing bodily harm

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

attempt

A

an effort or a try; an act done with the intent to commit an offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

case law

A

aka common law; a substantive law; law based on judges’ trial decisions, precedent, and reported case law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

conspiracy

A

a serious agreement or arrangement to commit an unlawful act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

constitution

A

The Constitution of Canada is the most supreme law; reaffirms Canada’s dual legal system and also includes Aboriginal rights and treaty rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

criminal law

A

the body of public law that declares acts to be crimes and prescribes punishments for those crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

criminal code

A

main source of criminal law in Canada; describes offences that are considered crimes, as well as punishments for crimes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

homicide

A

killing another person, directly or indirectly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

homicide in self-defence

A

non-culpable homicide; not a criminal and occurs when death is caused by complete accident or self-defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

hybrid offences

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

indictable offences

A

severe or particularly serious criminal offences, which have correspondingly severe penalties and which proceed by way of a formal court document called an indictment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

manslaughter

A

homicide, or the killing of another person, by committing an unlawful act and with only general intent
(example: speeding and killing pedestrian)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

mens rea

A

“a guilty mind”; the knowledge, intent, or recklessness of one’s actions, which together with actus rea, makes one criminally liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

planned or deliberate homicide

A

would be called murder; intentional killing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

precedent

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

rule of law

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

summary offences

A

minor criminal offences (in contrast to indictable offences), which are tried immediately (summarily) without a preliminary hearing or jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

abetting

A

to encourage someone to commit a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

major components of the justice system

A

law enforcement
courts
prosecution
defence
sentencing and punishment
probation and rehabilitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

what are the elements of a crime

A

actus rea and mens rea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what are the types of crimes in general

A

hybrid offences
summary offences
indictable offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

accessory after the fact

A

someone who helps a criminal escape detention or capture

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

who can be dismissed from being an accessory after the fact?

A

spouse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

categories of major crime

A

violent crimes
property crime
other crimes
(actions with high social impact)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

general duties of police

A

maintain order
enforce law
ensure safety
prevent crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

arrest

A

need reasonable and probably grounds to arrest someone who they believe has committed a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

what to say when arresting someone

A

must state why they are being arrested and what they are being arrested for

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

what does the accused has rights to in relation to an arrest

A

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

32
Q

what do do police gain to authority to do when arresting

A

search the person and their immediate environment
- this ensures the safety of officers, prevent escape attempts, and find any evidence

33
Q

investigative detention

A

police can detain if they have reasonable suspicion

34
Q

de facto arrest

A

detentions that are prolonged without a justified detention

35
Q

what rights do citizens have in relation to detention

A

right to counsel and must be informed of their right to counsel immediately

36
Q

what can police do during interrogations

A

pose question concerning the individual and investigation
record
build rapport using various techniques
present current evidence

37
Q

are individuals allowed to have a lawyer during the interrogation

A

no but they can have them before and after

38
Q

what are the individual rights during police interrogation

A

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

39
Q

exceptions to obtaining a warrant

A

under the circumstance that it would be unreasonable for the police to obtain the warrant at that very moment

40
Q

how much force can be used while searching and seizing

A

as much force as necessary

41
Q

what are the conditions of a warrant

A

only valid at the specific location between specific times

42
Q

invasive body searches

A

must be conducted by the same sex, and are allowed upon arrest under reasonable grounds

43
Q

citizens rights during search and seizure

A

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

44
Q

who usually has control of the courtroom during preliminary hearings and trials

A

judges

45
Q

what can they do if they think is necessary to adminster justice and maintain order

A

exclude the public and even the accused

46
Q

what do judges decide that can influecne the trials outcome

A

whether evidence and questioning are admisible

47
Q

crown

A

prosectuors responsible to see that justice is done

48
Q

defence

A

represents the accused to ensure they have their legal rights protected

49
Q

court clerk tasks

A

reads out the charges against the accused
swears in witnesses
tags evidence
handles the paperwork and routine tasks required by the court

50
Q

direct evidence

A

witness testiomony on something they actually saw

51
Q

circumstantial evidence

A

something thats highly probably

52
Q

Privileged communications

A

cannot be required to use in court as evidence
- spousal interaction

53
Q

similar fact evidence

A

info proving that the accused committed similar offences in the past

54
Q

hearsay evidence

A

witness testimony on indirect experiences

55
Q

opinion evidence

A

professionals opinion

56
Q

characyer evidence

A

evidence of accused negatives traits and previous convictions

57
Q

photo and electronic surveillance

A

only admisible if deemed accurate

58
Q

polygraph evidence

A

lie detector tests

59
Q

confessions

A

accused acknowledges the charge

60
Q

illegally obtained evidence

A

the offence severity, how it was committeed and how it was obtained is usually considere

61
Q

citizen’s rights in evidence

A

protected from self-incrimination
right to refuse to samples or tests
right to a laywer’s counsel
right to remain silent

62
Q

beginning motions of trial

A

crown and defence present motions to the judge

63
Q

stay of proceedings

A

stop the trial until further action is taken

64
Q

jury

A

lets the public see conflicts resolved by peers

65
Q

when can the accused pick between trial by judge or judge and jury

A

less severe indictable offences

66
Q

emapnelling

A

process of selecting 12 jurors

67
Q

presenting evidence in court

A

hand to court clerk, explain to judge as clerk hands it to them
give other party a copy

68
Q

presenting a doc to a witness

A

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

69
Q

some defences

A

self defence
mental disorder
intoxication
consent

70
Q

excusable conduct

A

commits offense under compulsion of threats of immediate death

71
Q

automatism

A

unable to control whether to perform an act

72
Q

entrapment

A

occurs when a police officers provokes an individual into committing

73
Q

mistake of fact

A

error about the offence circumstances

74
Q

double jeapordy

A

if acquitted cannot be tried for the same crime

75
Q
A

Legal Studies (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions