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

Exam 2 Review Flashcards

(59 cards)

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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

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A

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

21
what is accessory after the fact
a person who aids another person while knowing that they committed an offence
22
what is automatism
a state if impaired consciousness wherein a persons actions are not voluntary
23
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
24
What are the two mistake defenses
Mistake of fact and mistake of law
25
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
26
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
27
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
28
What is criminal procedure concerned with
The rules and processes that must be followed before during and after a criminal trial
29
What does the federal court involve
Hears cases involving claims against the government and immigration and citizenship
30
What are the three levels of provincial courts
Provincial/territorial, superior courts, courts of appeal
31
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)
32
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)
33
What is arraignment
Court hearings where the accused is called by name, they are read the charges and asked for a plea
34
What are pretrial procedures
First appearance (issued a court date) bail hearings, arrangement, entering a plea, elections, preliminary inquiry
35
What is factual guilt
The accused actual guilt
36
What is legal guilt
The accused guilt is provable in a court of law
37
What is burden of proof
The responsibility of the crown to prove the allegations at issue at the trial (guilty beyond a reasonable doubt)
38
What is disposition
Sentencing giving to the accused by the judge
39
What is the federal correctional system
Operated by correctional service Canada (CSC)
40
What are the five regions of federal correctional systems
Atlantic,Quebec, Ontario, Prairies, Pacific
41
What are the theoretical models of sentencing
Denunciation, deterrence,selective incapacitation, rehabilitation, and restorative justice
42
What is the denunciation model of sentencing
Denounce the offenders conduct as wrong in the form of punishment. Crime committed focus Favors shorter sentences
43
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
44
What are the two forms of deterrence
Specific and general
45
What is specific deterrence
Aims at the individual and to deter them from committing more crimes
46
What is general deterrence
To deter the vernal public from committing similar crimes
47
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
48
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
49
What is the restorative justice model
Repairing the harms done to everyone The victim, their families, the offenders families and surrounding community
50
What are aggravated circumstance
Things that are taken into consideration that will make the sentencing more severe
51
What are migrated circumstances
Things taken into consideration that will lessen the sentencing
52
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
53
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)
54
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
55
What are two types of responsiveity factors
General (applied to everyone) Specific (applied to the individual

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

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