deck_18343519 Flashcards
criminal law
any wrongs commited against an individual or society
criminal offence
an action that is considered a crime based on the criminal code
what is a crime
- the action of the person must be considered immoral by most canadians 2. the actions must have caused harm to society or an individual 3. The harm caused by these actions must be serious. 4. The person must be punished by the criminal justice system for the actions
example of legan illegal and criminak
using cellphone in theatres. Speeding. Theft
Purpose of the criminal justice system
protect people from harm. Protect property. Provide punishment or retribution. Enforce moral standards in canada. maintain order in society. Rehabilitae offender deter people from commiting crimes.
procedural justice
fairness in the criminal justice system. A certain procedure must be followed. Fairness must be unbiased towards the accused, Efficiency process must be timely . Clarity accused must understand the charges. Restraint officials must show self restraint (cant treat the victim with unnecessary force) Accountability - officials must be held accountable for their actions. Accused must be allowed to have a role in the process and give a testimony. Accused must be proteced from harm.
civil law
sewing people for componsation
criminal court
crown prosecuting the defense. Offences commited against society as a whole
quasi criminal laws
Laws made by the province or municipalities that deal with issues under their jurisdiction .
summary conviction
minor criminal offences. convictions under 2000$ and under 6 month imprisonment.
statue of limitations.
6 months period for laying a charge
indictable offences
bad crimes no statue of limitaitons;,
hybrid offences
crown attorney will decide which way to proceed. the case will remain an indictable offence until the crown attorney decideds to preced as summary conviction. 2 -10 years.
what two elements must be present for a crime
guilty act and mind
actus reus(wrongful deed)
Deliberate act and has no bearing on issues of sanity
intent
The state of a mind of a person who commit an action deliberately and on purpose and can foresee its actions.
general intent
minimal inent the person consciously did the act that constitues an offence. No ulterior motive.
Specific intent
proof that the person meant to do the action and has intentions to do
recklessness
taking a risk where the foreseeable result is committing a crime. An unjustifiable risk with the knowledge that harm might occur but doing it anyways, or no regard for consequence,
Willfull blidness
Deliberately choosing to ignore certain facts or informations not asking questions about a backpack.
criminal negligence
reckless diregarded for the lives and safety of other people
motive
reason for commiting an act
attempt
an act done with intent to commit a criminal offence but without success. may be guilty of criminal offence but does not. comple the act
conspiracy
an agreement between two or more people to commit a crime even if they do not commit a crim they have agreed to a conspiracy to commit the crime,People must be serious
Abetting
encouraging someone to commit a crime
aiding
assisting someone to commit a crime
Accesory
someone who knows about the crime and helps hide it from the police
organized crime
group of 3 or more people that share a common identity. when a group begins to engage in criminal activity.
