Criminal law quiz #2- Plea Bargaining and C.C Violations

Question 1

Murder

Answer 1

The most serious Violent crime, Involves intentional killing. The overall cause of murder is key
1st degree:
- Murder is planned and deliberate
- Victim law enforcement agent
- Occurs during sexual assault, Kidnapping etc..

2nd degree
- Intentionally causing death in all but above circumstances

Question 2

What is the minimum sentence for murder?

Answer 2

It is 25 years, which is life imprisonment

Question 3

Culpable

Answer 3

basically meaning guilty, blame worthy

Question 4

What is manslaughter?

Answer 4

A culpable homicide, but only requires general intent. Man slaughter may be caused by when an individual insults someone, then the person maybe be deprived of self control.

Question 5

What are two common defenses for manslaughter

Answer 5

Provocation, and Intoxication

Question 6

Infanticide

Answer 6

• Killing of a newborn by his/her mother
• Associated with postpartum depression, and mental disturbance
• Maximum penalty is 5 years, and it is rarely seen before the courts

Question 7

Suicide

Answer 7

It is an offense to aid or counsel anyone into comitting suicide
- Until 1972, it was an offence to commit suicide

Question 8

Assault

Answer 8

Intentionally using force against another person, threatening them, using a weapon against them
- intent is necessary when dealing with assault.

Question 9

Describe the 3 levels of assault

Answer 9

1st: applying intentional force to another person, without consent, using gestures
2nd: assault causing bodily harm, using/ threatening to use a weapon
3rd. aggravated assault: Happens when the person
getting assaulted life is in danger, bruises left etc..
MR: is necessary

Question 10

Sexual assault

Answer 10

1st level Same as regular assault, just in nature to sexual part

2nd: Sec. 272- addition of weapon or threatening component
3rd: section 273 aggravated sexual assault

Question 11

Consent:

Falls under the category of sexual assault

Answer 11

Consent is a critical issue in our lives

• age of consent is 16, as of 2008
• Must be close in age (maximum 2 years apart)

Question 12

Abduction

Answer 12

Forcible removal of a person under the age of 16, from the care of a parent guardian or other person who has lawful care
It is a large issue in custody battles

Question 13

Robbery

Answer 13

• Theft involving violence, the threat of violence, assault, or some weapons may be involved ( indcluding imitations)
• Punishment is life imprisonment

Question 14

Abortion

Answer 14

Removed from criminal code in 1989
such a personal issue, it is also so difficult to decide whether a human being is a fetus or not
An issue that remains extremely controversial

Question 15

Weapons

Answer 15

C.C defines as anything that can Harm, Threaten and injure a person
2 main categories:
Prohibited: Gun silencers, Switchblades, Automatic weapons
Restricted: Fire arms that can be fired with one hand, Semi-automatic weapons

Question 16

All Canadian who posses Fire arms (around 3 mil) must obtain what

Answer 16

They mist register their weapons in the : Possession and Acquisition License (PAL)
*** this license is only valid for 5 years!

Question 17

Prostitution

Answer 17

• Prostitution is legal in Canada, however the solicitation is ILLEGAL. (pressing and persistent to be an offence)

Question 18

Obscenity

Answer 18

• A very controversial issue
• Sex acts must be degrading and dehumanizing to be considered obscene
• Comes in material form as well (magazines, Videos etc..)

Question 19

Arson

Answer 19

The intentional or reckless causing of fire, or an explosion to occur
Amended in 1990 to include more acts
If someone is endangered, or bodily harm has been caused to them, the person convicted of this crime may be given the life sentence
- If there is no danger to life at all the crime is 14
- to obtain any incendiary devices is illegal

Question 20

Theft

Answer 20

Overall there are two categories of theft

Theft over 5 thousand, and theft under 5 thousand

Question 21

Break in and enter (burglary)

Answer 21

Commonly called burglary

Question 22

Fraud

Answer 22

To knowingly misrepresent facts or obtain ends under false pretences

Question 23

Terrorism

Answer 23

An action that either takes place in or outside of Canada, that is an offence under the UN. Terrorist activity mainly starts because of political, religious, or Ideological purposes. Overall it intimidates the public concerning security.

Question 24

Criminal harassment

Answer 24

Stalking Added to criminal code in 1993

Question 25

Identity theft

Answer 25

The act of stealing someone else’s identity for criminal purposes
Section 342- concerning debit and credit cards

Question 26

Criminal negligence

Answer 26

Identifies 3 categories
Operation of a motor vehicle
Causing bodily harm
Causing death

Question 27

Mischeif

Answer 27

Relates to a Varity of Circumstances Involving deliberate destruction of property