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CRM 1300 > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

What does the blindfold represent on lady justice

A

justice is blind

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2
Q

What does the scale represent on lady justice

A

everyone is given a fair trial

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3
Q

What does the scale represent on lady justice

A

power and authority

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4
Q

what is canadian criminal law rooted in

A

British common law

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5
Q

who established British common law

A

King Henry the second

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6
Q

what legal principle is common law based upon

A

stare decisis

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7
Q

what doctrine is it based upon

A

magna carta

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8
Q

what is the rule of law

A

no one is above the law

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9
Q

what were the rape laws prior to 1983

A
  • the victim had to be a woman
  • the accused had to be male
  • they could not be married
  • sexual intercourse
  • sexual history can be brought up in court
  • implied consent was accepted as a defence
  • extreme intoxication could be used as a defence
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10
Q

what are the rape laws after 1983

A
  • can be male or female victim and accused
  • can be married
  • sexual intercourse is not a requirement
  • no statute of limitations
  • intoxication is not accepted
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11
Q

What did the bill change

A

rape is no longer, and it is now sexual assault

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12
Q

What is sexual assault level 1

A

involves minor injuries
hybrid offence
max sentence summary 18 months
max sentence indictment 10 years

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13
Q

what is sexual assault level 2

A

involves use of a weapon, bodily hard, or threats of violence
max sentence is 14 years

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14
Q

what is sexual assault level 3

A

wounding, disfiguring, or endangering the life of the victim
max sentence is life
possible SOR

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15
Q

what 2 elements must occur together for there to be a crime

A

mens rea
actus reus

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16
Q

what is mens rea

A

the guilty mind

17
Q

what is actus reus

A

guilty act

18
Q

what age are you held criminally responsible

A

under 12

19
Q

who is considered a youth

A

12-17

20
Q

what legislation determines how to respond to youth

A

youth criminal justice act

21
Q

what is the max sentence for a youth with a second degree murder charge

A

4 years in custody, 3 years in community

22
Q

can youth in canada be sentenced as an adult

A

yes, at 14

23
Q

what is an alibi

A

the accused claims there is evidence that shows they could no have done the crime

24
Q

what must all alibi evidence have

A

has to have enough detail to be cross checked
must be stated well before the trial

25
Q

what are excuse defences

A

the conduct can be excused because the defendant lacked the mens rea

26
Q

what is NCRMD

A

result of a mental disorder

27
Q

what is automatism

A

impaired consciousness, involuntary intoxication, night terrors

28
Q

what is the mistake of law

A

unaware of the law of the crime that they comitted

29
Q

what is the mistake of fact

A

aware of the law, but believed they were not breaking it

30
Q

what are justification defences

A

admits to the offence, but argues the act was justified

31
Q

what is duress

A

the accused claims they involuntarily commited an offence because they were threatened with immediate harm “steal this or ill kill you”

32
Q

what is necessity

A

the accused claims they voluntarily committed an offence to prevent a greater harm from happening
- speeding to get to a hospital

33
Q

what is the consent defence

A

claims the victim was a willing party in the offence
stealing vs borrowing
cannot consent to murder

34
Q

what is self defence

A

the accused argues that they inflicted harm on another person to protect themselves or others
only reasonable force is used

35
Q

what is entrapment

A

when the police use manipulative techniqued to induce an individual into carrying out an offence
- providing opportunity is not entrapment
-inducing an individual to commit an offence they would not have otherwise is entrapment

36
Q

what is provocation

A

accused claims they were provoked into a violent reaction
-can only be used for second degree murder
-charged is reduced from murder to manslaughter

CRM 1300 (5 decks)

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