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Law 11 > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

What are the elements of a crime?

A

Actus reus (action) plus Mens rea (intent)

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2
Q

What is a criminal offense?

A

An act harmful not only to some individual but also to a community, society or the province.

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3
Q

What is the case citation for a criminal offense?

A

R.v.Defendant

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4
Q

What is the difference between specific intent offenses and general intent offenses?

A

The basic difference between the two is that specific intent crimes require the individual who commits the crime to have a certain intent or purpose when the crime was committed, whereas general intent crimes do not.

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5
Q

What is absolute liability?

A

Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions. To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action, but also have had a deliberate intention or guilty mind (mens rea).

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6
Q

What is strict liability?

A

In criminal law, strict liability is liability for which mens rea (Latin for “guilty mind”) does not have to be proven in relation to one or more elements comprising the actus reus (Latin for “guilty act”) although intention, recklessness or knowledge may be required in relation to other elements of the offense.

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7
Q

What is an indictable offense?

A

A severe or particularly serious criminal offense which has a corresponding severe punishment, and which proceeds by way of a formal court document called an indictment.

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8
Q

What is a hybrid offense?

A

A criminal offense that may be tried at the crowns option, as a summary conviction or an indictable offense.

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9
Q

What is a summary offense?

A

A minor offense that is tried immediately without a hearing or jury.

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10
Q

What is an arrest?

A

Legally detaining a person and charging them with a criminal offense.

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11
Q

What is detention?

A

The action of detaining someone or the state of being detained in official custody, especially as a political prisoner.

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12
Q

What is aiding?

A

Physical assistance to a crime.

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13
Q

What is abetting?

A

Encouraging at the crime.

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14
Q

What is an accessory?

A

Helping to hide/escape justice. Example, keeping someone in your home.

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15
Q

What is counselling?

A

Encouraging prior to the crime.

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16
Q

What is conspiracy?

A

Crime doesn’t happen but it is planned.

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17
Q

What is culpable homicide?

A

Blameworthy or criminal homicide, as in murder, manslaughter, or infantcide.

18
Q

What is nonculpable homicide?

A

Homicide that is not criminal but was caused completely by accident or in self defence.

19
Q

What is first degree murder?

A

The killing of another that is planned and deliberate, in which the victim is a law enforcement officer, or that is related to commiting or attempting crimes that are particularily offensive to society. (sexual assault).

20
Q

What is second degree murder?

A

Intentional homicide that does not meet the conditions of fist degree murder.

21
Q

What is manslaughter?

A

Killing another person by commiting an unlawful act only with general intent.

22
Q

What is the sentence for first degree murder?

A

Life in prison with no possibility of parole.

23
Q

What is the sentence for second degree murder?

A

Life with possibility of parole.

24
Q

What is the sentence for manslaughter?

A

No minimum sentence.

25
Q

What are the levels of assault?

A

Level 1: Common
Level 2: with a weapon or causing bodily harm
Level 3: Aggravated

26
Q

What is assault?

A

The threat of danger or violence.

27
Q

What is assault causing bodily harm?

A

Assault that interferes with the victims health or comfort in a significant way, or assault involving a weapon.

28
Q

What is aggravated assault?

A

Assault that wounds, maims, disfigures, or endangers the life of the victim.

29
Q

What is am aggravating factor?

A

Factors that increases the responsibility of the offender.

30
Q

What is attempt?

A

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

31
Q

What is an alibi?

A

A defense that the accused was not at the scene of the crime when the crime took place.

32
Q

What is automatism?

A

Involuntary action of someone who is in a state of impaired consciousness, without control of his or her actions; caused by disease of the mind.

33
Q

What is battered woman syndrome?

A

A psychological condition caused by severe domestic violence.

34
Q

What is self defense?

A

The legal use of reasonable force in order to defend oneself.

35
Q

What is necessity?

A

States that the act was necessary due to immediate and urgent circumstances.

36
Q

What is duress?

A

Threat or coercion to force someone to do something against his or her will.

37
Q

What is mistake of fact?

A

A defense that shows a lack of mens rea due to an honest mistake.

38
Q

What is entrapment?

A

Police action that induces a person to commit an offence.

39
Q

What is double jeopardy?

A

Being tried twice for the same offence.

40
Q

What is provocation?

A

The act of inciting to commit a crime in the heat of passion.

Law 11 (7 decks)

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