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lawedddcbc do > exmer > Flashcards

exmer Flashcards

1
Q

Mental Disorder

A

A disease of the mind that leaves an accused incapable of appreciating the nature of the act; examples could include paranoid schizophrenia
Requirements:
- accused is incapable of appreciating the quality and nature of the act
- accused is incapable of knowing the act was wrong
- accused is unable to understand the nature of a criminal trial
- accused does not understand the consequences of a trial
- accused cannot consult with and instruct their lawyer

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2
Q

Automatism (sleepwalking defense)

A

A condition in which a person acts without being aware of what he or she is doing; for example, insane automatism (caused by a mental disorder), and non-insane automatism (caused by a concussion or medication or other external factor)
2 Kinds:
Insane automatism – caused by a mental disorder
Non-insane automatism – caused by external factor

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3
Q

Intoxication

A

The condition of being overpowered by alcohol or drugs to the point of losing self-control; may be used for some crimes that require specific intent
2 situations where it can be used:
- intoxication may be a defence for specific intent crimes
- if intoxication is so extreme then a mental disorder results because the accused is incapable of forming the most basic mens rea
Intoxication defence can never be used on charges of assault or sexual assault.

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4
Q

Self Defence

A

The use of reasonable force to defend against an attack.
Example: someone begins to punch you and you use reasonable force to repel the attack

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5
Q

Battered Woman Syndrome

A

A form of self-defence which is based on a psychiatric explanation of an abused woman’s state of mind that can be used to help advance the justification of self-defence

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6
Q

Defence of Dwelling

A

A person may defend their dwelling from any unlawful entry and to remove a trespasser who has entered, for example, stopping someone from breaking into your home

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7
Q

Necessity

A

A defence stating that the accused had no reasonable alternative to committing the illegal act, for example, breaking into a cabin to seek shelter while stranded in the woods

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8
Q

Compulsion/ Duress

A

A defence in which the accused person is forced by threat of violence to commit a criminal act against his or her will, for example, a cab driver is forced at gunpoint to drive a bank robber from the crime scene

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9
Q

Provocation

A

Words or actions insulting enough to cause an ordinary person to lose self-control and commit a crime e.g. Jeff is verbally attacked about his racial heritage and he responds by suddenly physically attacking the speaker, causing death.

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10
Q

Indigenous Privilege

A

A defence whereby an Indigenous person will argue an Indigenous or treaty right to act in a way that would be illegal for anyone else
Example: fishing or hunting outside of the season established by the government

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11
Q

The four requirements for provocation:

A

A wrongful act or insult occurred.
The act or insult was sufficient to deprive an ordinary person of the power of self-control.
The person responded suddenly.
The person responded before there was time for passion (emotions) to cool.

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12
Q

Mistake of Fact

A

A defence that the accused made an honest mistake that led to breaking of the law, for example, taking the wrong bike from a bike rack because it looks just like the one you own

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13
Q

Mistake of Law

A

A defence whereby the accused indicates that they were not aware of the law; although not generally accepted, it may be used in cases of a violation of regulatory law

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14
Q

Double Jeopardy

A

The legal doctrine that an accused person cannot be tried twice for the same offence, for example, if an accused person is acquitted of a robbery he or she can’t be tried again for the same crime

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15
Q

Alibi

A

A defence used by an accused to account for their whereabouts when the offence was committed, for example, a person accused of robbing a bank states that he or she was out of the country when the robbery occurred

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16
Q

Entrapment

A

A defence against police conduct that illegally induces the defendant to commit a criminal act, for example, a police officer persists until they induce a suspect to sell him or her drugs

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17
Q

Protection/Segregation

A

all crimes are against society as a while until crime is isolated people will feel threatened that it could happen to them

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18
Q

Retribution

A

eye for an ey e

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19
Q

Deterrence

A

dont commit again

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20
Q

Rehabilitation

A

treatemetn

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21
Q

Restitution

A

pay back

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22
Q

Denunciation

A

condomes the offencers action with a sentece expressing soiceis abnoracen fo the crime

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23
Q

the offencer

A

a pre sentece report

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24
Q

the victim

A

a victim impact statment

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25
Q

society

A

crows roles is to represent society

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26
Q

DISCHARGES

A

getting off with nothing usually given to 1st time offenders minor crimes

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27
Q

PROBATION

A

forces officers to provide rehab, must comply with condition or be charged with breach

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28
Q

SUSPENDED SENTENCE

A

SENTENCE given but not served, crimanal sentece exists

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29
Q

INTERMITTENT SENTENCE -

A

<90 days gail time contine noraml life schielde

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30
Q

CONDITIONAL SENTENCE -

A

<2 years jail, can be served in the community rather than jail, allows offenders to seek rebahb

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31
Q

ELECTRONIC MONITORING –

A

serving sentence at home alarm sent to remote computer

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32
Q
  1. BINDING OVER –
A

a court order to keep the peace and behave

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33
Q

fines

A

summoary conticiston <2000 fines for indicatbel conivtions

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34
Q
  1. SUSPENSION OF PRIVILEGES
A

removign license

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35
Q
  1. PLEA BARGAIN –
A

a negotiated deal for a lighter sentence

36
Q

closed custody

A

restricted access, totally secure, not movable furniture, reserved for most dangerous and most likely to escape.

37
Q

Protective custody

A

separation from rest of inmate pop’n for their own protection.

38
Q

Open custody

A

less secure, “come and go” facilities, reserved for non-violent offenders. ie. halfway house

39
Q

Parole

A

– release before full sentence served
- review for parole after 1/3 sentence or 7 yrs
- gives incentive good behaviour in prison

40
Q

Conditional release

A

– allows part of sentence to be served in community under supervision; sentence not shortened

41
Q

Unescorted temporary absence

A

– granted after 1/6 sentence served
- used for personal reasons like family events, health appts

42
Q

Work release

A

– for paid or voluntary community work

43
Q

Day Parole

A

– one day absences to test their behaviour

44
Q

Statutory release

A

– when 2/3 sentence served inmate is automatically eligible for release
- doesn’t apply to life or indeterminate sentences

45
Q

Pardon

A

– record of conviction is set aside
- summary conviction pardons can be applied for 3 yrs following end of sentence

46
Q

Royal Prerogative of Mercy

A

– Queen by act of Parliament can release or shorten any sentence

47
Q

Once a trial is underway, the first thing that must be established is whether the accused is mentally fit to
stand trial.

A

F

48
Q

What constitutes a mental disorder is not clearly defined in the Criminal Code.

A

F

49
Q

The burden of proving the defence of mental disorder is on the party who first raises the issue.

A

T

50
Q

The term insanity was changed to mental disorder in the Criminal Code in 1994.

A

T

51
Q

Where a mentally ill person has been found not guilty by reason of a mental disorder, a judge has no
alternative but to hold them in a psychiatric facility.

A

F

52
Q

If a Criminal Code Review Board commits an accused to a psychiatric hospital, the maximum period of

time that they can be held is 90 days.

A

F

53
Q

Battered woman syndrome may be used to advance the justification of self-defence.

A

T

54
Q

Self defence will always be successful as a defence provided it occurred as a result of an unprovoked

attack.

A

F

55
Q
  1. The main purpose of regulatory legislation is to protect the health, safety, and welfare of the public.
A

T

56
Q

The Criminal Code of Canada provides protection against “double jeopardy.”

A

F

57
Q

Accuseds who suffered from a mental disorder at the time the offence was committed cannot be held
criminally responsible because

a. they would have been unable to form the mens rea of the offence.
b. they would have been unable to form the actus reus of the offence.
c. they would not be able to understand the proceedings.
d. they would be suffering from a disease of the mind.

A

A

58
Q

The burden of proof for the defence of mental disorder is shouldered by the

a. defence. c. party that first raises it.
b. Crown. d. accused.

A

C

59
Q

If a court finds the accused not criminally responsible, the Judge may make the following order:

a. an absolute discharge. c. a conditional discharge.
b. a term in a psychiatric hospital. d. all the above.

A

D

60
Q

Generally speaking, the defence of mental disorder is used only for

a. summary conviction offences.
b. indictable offences.
c. the most serious summary conviction offences.
d. the most serious indictable offences.

A

D

61
Q

An example of non-insane automatism is

a. schizophrenia. c. manic-depression.
b. sleepwalking. d. clinical depression.

A

B

62
Q

Intoxication can be used as a defence only for

a. crimes of specific intent. c. summary conviction offences.
b. crimes of general intent. d. hybrid offences.

A

A

63
Q

Violence may be used by the accused to defend himself provided that

a. it was the fastest way to take control of the situation.
b. the accused does no serious harm to the other party.
c. only reasonable force was used.
d. it was required in order to prevent the party from escaping before the police arrived.

A

C

64
Q

The Supreme Court of Canada stated that in cases involving battered woman syndrome, the jury should
be instructed on

a. the defendant’s ability to sense danger from her abuser.
b. why an abused woman might remain in an abusive relationship.
c. the nature and extent of the violence that may exist in a battering relationship.
d. all the above

A

D

65
Q

In the Lavallee case, it was established that battered woman syndrome

a. was not a defence, per se.
b. spoke only to the mens rea of the accused.
c. spoke only to the motive of the accused.
d. spoke only to the actus reus of the accused.

A

B

66
Q

For the defence of necessity to succeed, the court must be convinced that

a. the act was done to avoid a greater harm. c. the act was not a serious violation.
b. the act did not cause any serious harm. d. all the above

A

A

67
Q

Research indicates that offenders are just as likely to re-offend even if they have participated in treatment
programs.

A

F

68
Q

At sentencing, both defence counsel and Crown make presentations regarding sentencing

recommendations.

A

T

69
Q

Judges are free to impose any sentence they see as fit to match the elements of the crime.

A

F

70
Q

There are two types of discharges: absolute and probationary.

A

F

71
Q

Some prison sentences can be served at night or on weekends.

A

T

72
Q

Anyone who is not a Canadian citizen and commits an indictable offence in Canada can be deported.

A

T

73
Q

Canada’s rate of incarceration is among the top five in the world.

A

F

74
Q

The goal of the Correctional Service of Canada is to reduce the chances of prisoners re-offending upon
release.

A

T

75
Q

A pardon does not erase the fact that a person was convicted of an offence.

A

T

76
Q

Historically, most offenders who receive a pardon do not commit another serious offence.

A

T

77
Q

In society, the main goal of sentencing is

a. punishment. c. compensation.
b. public protection. d. offender retraining.

A

B

78
Q
  1. Crimes are seen as having been committed against society as a whole because

a. all of us pay for crime with higher taxes.
b. the public feels threatened and unsafe until the offender has been caught.
c. laws represent the values of society.
d. all the above

A

D

79
Q

Retribution refers to

a. an offender treatment program that helps bring about a smooth transition back into society.
b. a return to criminal behaviour after the offender has been released from prison.
c. compensation of the victims of crime.
d. punishment to avenge a crime.

A

D

80
Q

Imposing a penalty that discourages others from committing crimes is called
a. rescission. c. negative reinforcement.
b. deterrence. d. recidivism.

A

B

81
Q

Punishment which is designed to condemn the conduct of an offender is called

a. denunciation. c. deterrence.
b. recidivism. d. ostracism.

A

A

82
Q

For summary conviction offences, sentencing usually takes place

a. four to five days after trial to allow the Judge time to make an informed decision.
b. after the same length of time required to determine sentences for indictable offences.
c. immediately.
d. when the offender has had an opportunity to put his or her affairs in order before being
incarcerated.

A

C

83
Q
  1. Three perspectives must be considered in the sentencing process. Choose the one that does not apply.

a. the offender c. the victim
b. the court d. society

A

B

84
Q

A pre-sentence report includes information

a. about the accused’s motives and the consequences of his or her crime.
b. from the police about the arrest of the offender.
c. about the effect the crime has had on the victim(s).
d. specific information about the offender’s background.

A

D

85
Q
  1. Once the accused has been found guilty, whose job is it to recommend an appropriate sentence?

a. defence counsel c. the jury
b. Crown counsel d. both Crown and Defence

A

C

86
Q

When determining the appropriate sentence, a judge must take into account

a. the minimum and maximum limits specified by law.
b. precedents for similar crimes.
c. any aggravating or mitigating factors.
d. all the above.

A

D

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