Exam 2 Review Flashcards
what is penal code
a compilation of the laws that establish a jurisdictions criminal law (also known as a criminal code)
what are zombie laws
offences that had become obsolete but had not been removed from the code
Canadian criminal laws rely on
the laws and traditions of Great Britain
in what year was Canadian laws codify (written down)
1892
what is private prosecution
a criminal trial or proceeding that is brought by a private citizen, rather than a publicly appointed official
what is the first written criminal law
code of Hammurabi which contained 282 laws and corresponding punishments (eye for an eye being the most famous)
what is an ordeal
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
what is common law
laws that are developed by judges when deciding cases rather than through legislative enactments
what is stare decisis
principle that judges must respect and follow decisions made by higher courts
what is rule of law
principle that no one us above the law and that each person should be subject to the same law
what are legal components of crime
Actus reus and Mens Rea
what is actus reus
evidence that the offender did the crime (physical acts)
what is mens rea
the offenders intent (did they mentally know they were doing it)
what are the three components of actus reus
conduct (direct or indirect force), circumstances (without the consent of the victim) and consequences (some degree of harm)
what is omission
the failure to act in circumstances where there is a legal obligation to do so
what is the principle of simultaneity
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
what is causal link
an established connection between an accused’s conduct (act or omission) and a prohibited legal consequence
what is intervening acts
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
what are the two forms of mens rea
subjective and objective
what is subjective mens rea
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)
what is objective mens rea
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)
what is party to an offence
a person involved in a criminal offence and subject to criminal liability
what is aid
to do something or fail with the purpose of helping another person commit a crime
what is abet
to offer encouragement or advice to a person during the commission of a criminal offence
what is accessory after the fact
a person who aids another person while knowing that they committed an offence
what is automatism
a state if impaired consciousness wherein a persons actions are not voluntary
what are the five types of automatism
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
What are the two mistake defenses
Mistake of fact and mistake of law
What is a partial defense
A defense that does not complete absolve the accused of wrongdoing but can reduce the security of the criminal charge
What is specific intent
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
What is general intent
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
What is criminal procedure concerned with
The rules and processes that must be followed before during and after a criminal trial
What does the federal court involve
Hears cases involving claims against the government and immigration and citizenship
What are the three levels of provincial courts
Provincial/territorial, superior courts, courts of appeal
What are the three types of jurisdictions
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)
What are the classifications of offences
Summary conviction (least serious)
Indictable (more serious can include personal offenses like fraud to property crime)
Hybrid (can be prosecuted as summary or indictable)
What is arraignment
Court hearings where the accused is called by name, they are read the charges and asked for a plea
What are pretrial procedures
First appearance (issued a court date) bail hearings, arrangement, entering a plea, elections, preliminary inquiry
What is factual guilt
The accused actual guilt
What is legal guilt
The accused guilt is provable in a court of law
What is burden of proof
The responsibility of the crown to prove the allegations at issue at the trial (guilty beyond a reasonable doubt)
What is disposition
Sentencing giving to the accused by the judge
What is the federal correctional system
Operated by correctional service Canada (CSC)
What are the five regions of federal correctional systems
Atlantic,Quebec, Ontario, Prairies, Pacific
What are the theoretical models of sentencing
Denunciation, deterrence,selective incapacitation, rehabilitation, and restorative justice
What is the denunciation model of sentencing
Denounce the offenders conduct as wrong in the form of punishment.
Crime committed focus
Favors shorter sentences
What is deterrence model of sentencing
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
What are the two forms of deterrence
Specific and general
What is specific deterrence
Aims at the individual and to deter them from committing more crimes
What is general deterrence
To deter the vernal public from committing similar crimes
What is the selective incapacitation model
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
What is rehabilitation model
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
What is the restorative justice model
Repairing the harms done to everyone
The victim, their families, the offenders families and surrounding community
What are aggravated circumstance
Things that are taken into consideration that will make the sentencing more severe
What are migrated circumstances
Things taken into consideration that will lessen the sentencing
What are the four types of mandatory minimum sentencing
Convictions for treason/murder, most firearm offenses, repeat convictions, offenses that involve a victim under the age of 16
What are the types of dispositions
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)
What is the risk need responsiveity model
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
What are two types of responsiveity factors
General (applied to everyone)
Specific (applied to the individual
