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Crim Exam 1 (chapter 1-4) > Exam 2 Review > Flashcards

Exam 2 Review Flashcards

1
Q

what is penal code

A

a compilation of the laws that establish a jurisdictions criminal law (also known as a criminal code)

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2
Q

what are zombie laws

A

offences that had become obsolete but had not been removed from the code

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3
Q

Canadian criminal laws rely on

A

the laws and traditions of Great Britain

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4
Q

in what year was Canadian laws codify (written down)

A

1892

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5
Q

what is private prosecution

A

a criminal trial or proceeding that is brought by a private citizen, rather than a publicly appointed official

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6
Q

what is the first written criminal law

A

code of Hammurabi which contained 282 laws and corresponding punishments (eye for an eye being the most famous)

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7
Q

what is an ordeal

A

an ancient criminal trial method that involved subjecting the accused to a painful or dangerous test as a means of seeking an answer from the divine about the accused’s guilt or innocence

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8
Q

what is common law

A

laws that are developed by judges when deciding cases rather than through legislative enactments

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9
Q

what is stare decisis

A

principle that judges must respect and follow decisions made by higher courts

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10
Q

what is rule of law

A

principle that no one us above the law and that each person should be subject to the same law

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11
Q

what are legal components of crime

A

Actus reus and Mens Rea

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12
Q

what is actus reus

A

evidence that the offender did the crime (physical acts)

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13
Q

what is mens rea

A

the offenders intent (did they mentally know they were doing it)

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13
Q

what are the three components of actus reus

A

conduct (direct or indirect force), circumstances (without the consent of the victim) and consequences (some degree of harm)

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13
Q

what is omission

A

the failure to act in circumstances where there is a legal obligation to do so

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13
Q

what is the principle of simultaneity

A

that actus reus and mens rea occurred at the same time or were part of the same chain of events during the commission of a crime

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13
Q

what is causal link

A

an established connection between an accused’s conduct (act or omission) and a prohibited legal consequence

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14
Q

what is intervening acts

A

an event or act that occurs between the accused’s actions and the victims injury that is significant enough to break the causal link between the conduct of the accused and the laws prohibited consequences

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15
Q

what are the two forms of mens rea

A

subjective and objective

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16
Q

what is subjective mens rea

A

focuses on what was actually going on in the accused min at the time of the offence (consist of intention, knowledge, recklessness, and willful blindness)

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17
Q

what is objective mens rea

A

not concerned wit what the accused was thinking at the time of the offences and looks at what a reasonable person would have known and done in the same circumstances (consists of reasonableness)

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18
Q

what is party to an offence

A

a person involved in a criminal offence and subject to criminal liability

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19
Q

what is aid

A

to do something or fail with the purpose of helping another person commit a crime

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20
Q

what is abet

A

to offer encouragement or advice to a person during the commission of a criminal offence

21
Q

what is accessory after the fact

A

a person who aids another person while knowing that they committed an offence

22
Q

what is automatism

A

a state if impaired consciousness wherein a persons actions are not voluntary

23
Q

what are the five types of automatism

A

normal condition automatism (state of impairment that is from something other than a mental illness), External blow automatism (physical or psychological trauma), involuntary intoxication automatism, self induced intoxication, mental disorder

24
Q

What are the two mistake defenses

A

Mistake of fact and mistake of law

25
Q

What is a partial defense

A

A defense that does not complete absolve the accused of wrongdoing but can reduce the security of the criminal charge

26
Q

What is specific intent

A

Requires a higher thought of reasoning to carrying out such as having knowledge of certain circumstances or an intention to bring about a particular consequence

27
Q

What is general intent

A

Involves a minimal level of mental activity or men’s rea that only pertains to the performance of the illegal act and not a further objective

28
Q

What is criminal procedure concerned with

A

The rules and processes that must be followed before during and after a criminal trial

29
Q

What does the federal court involve

A

Hears cases involving claims against the government and immigration and citizenship

30
Q

What are the three levels of provincial courts

A

Provincial/territorial, superior courts, courts of appeal

31
Q

What are the three types of jurisdictions

A

Territorial (the place of the crime) temporal (the amount of time the state has to bring the accused in for a trial) and statutory (how offenses are classified in the criminal code)

32
Q

What are the classifications of offences

A

Summary conviction (least serious)
Indictable (more serious can include personal offenses like fraud to property crime)
Hybrid (can be prosecuted as summary or indictable)

33
Q

What is arraignment

A

Court hearings where the accused is called by name, they are read the charges and asked for a plea

34
Q

What are pretrial procedures

A

First appearance (issued a court date) bail hearings, arrangement, entering a plea, elections, preliminary inquiry

35
Q

What is factual guilt

A

The accused actual guilt

36
Q

What is legal guilt

A

The accused guilt is provable in a court of law

37
Q

What is burden of proof

A

The responsibility of the crown to prove the allegations at issue at the trial (guilty beyond a reasonable doubt)

38
Q

What is disposition

A

Sentencing giving to the accused by the judge

39
Q

What is the federal correctional system

A

Operated by correctional service Canada (CSC)

40
Q

What are the five regions of federal correctional systems

A

Atlantic,Quebec, Ontario, Prairies, Pacific

41
Q

What are the theoretical models of sentencing

A

Denunciation, deterrence,selective incapacitation, rehabilitation, and restorative justice

42
Q

What is the denunciation model of sentencing

A

Denounce the offenders conduct as wrong in the form of punishment.
Crime committed focus
Favors shorter sentences

43
Q

What is deterrence model of sentencing

A

Not only deter the offender from committing crime but also also who might attempt crime
Focuses on protecting society but remanding the offender
Favors longer sentences

44
Q

What are the two forms of deterrence

A

Specific and general

45
Q

What is specific deterrence

A

Aims at the individual and to deter them from committing more crimes

46
Q

What is general deterrence

A

To deter the vernal public from committing similar crimes

47
Q

What is the selective incapacitation model

A

The idea that if the person is removed from society then they no longer pose a threat to society
Main goal to protect society and favors longer sentences

48
Q

What is rehabilitation model

A

When offenders are treated in human ways they more likely will live a crime free live once released
Everyone plays a role together to repair the harm done

49
Q

What is the restorative justice model

A

Repairing the harms done to everyone
The victim, their families, the offenders families and surrounding community

50
Q

What are aggravated circumstance

A

Things that are taken into consideration that will make the sentencing more severe

51
Q

What are migrated circumstances

A

Things taken into consideration that will lessen the sentencing

52
Q

What are the four types of mandatory minimum sentencing

A

Convictions for treason/murder, most firearm offenses, repeat convictions, offenses that involve a victim under the age of 16

53
Q

What are the types of dispositions

A

Absolute (not charged) and conditional discharge (found guilty not charged but will have to follow rules), suspended sentences (suspends the time that would be spent in jail and would get parole instead), fines (having to pay a minimum amount) and restitution (paying the victim back for whatever damage has been done), intermittent sentences (going to jail on the weekends while having a full time job), conditional sentences (served in the community under supervision), probation (can follow jail time or used instead of jail time), imprisonment (used only when the other types are not fitting)

54
Q

What is the risk need responsiveity model

A

Risk-correctional programs will be most effective when directed at moderate to high risk offenders
Need- the appropriate targets of treatment are criminogenic risk factors
Responsively- used treatments known to be effective in changing behavior and strategies that are sensitive to the offenders learning style

55
Q

What are two types of responsiveity factors

A

General (applied to everyone)
Specific (applied to the individual

Crim Exam 1 (chapter 1-4) (2 decks)

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