Law 12 vocabulary chapter 6

Question 1

abetting

Answer 1

The crime of encouraging the perpetrator to commit an offence

Question 2

absolute liability offences

Answer 2

offences that do not require mens rea and the accused can offer no defense

Question 3

accessory after the fact

Answer 3

someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police

Question 4

actus reus

Answer 4

“the guilty act”- the voluntary action, omission, or state of being that is forbidden by the criminal code. The actual action that someone does that is illegal, for example punching someone would be the actus reus for assault, killing someone would be the actus reus to murder. If it is an “attempt to …” case. then the actus reus is what they did leading up to the attempt (the planning, etc). for example: attempt to murder, if the guy bought a gun and wrote his friend a note telling him to pick him up after he kills a guy would count as actus reus. one of 2 things needed to prove someone being guilty, the other is mens rea

Question 5

aiding

Answer 5

a criminal offence that involves helping a perpetrator commit a crime.

Question 6

attempt

Answer 6

The intention to commit a crime, even when the crime is not completed. there still must be proof of actus reus and mens rea.

Question 7

conspiracy

Answer 7

an agreement between two or more people to carry out an illegal act, even if that act does not actually occur. (the difference from attempt, is it is more than one person)

Question 8

counselling

Answer 8

a crime that involves advising, recommending, or persuading another person to commit a criminal offence.

Question 9

crime

Answer 9

an act or omission of an act that is prohibited and punishable by federal statute. (actus reus and mens rea must be proved)

Question 10

criminal law

Answer 10

the body of laws that prohibit and punish acts that injure people, property, and society as a whole. we have these laws for predictability and to reflect societies beliefs and morals.

Question 11

criminal negligence

Answer 11

reckless disregard for the lives and safety of others, sometimes resulting in serious injury or death. for example not obeying traffic laws

Question 12

due diligence

Answer 12

the defense that the accused took every reasonable precaution to avoid committing a particular offence. (can be used as a defense in strict liability offences)

Question 13

general intent

Answer 13

the desire to commit a wrongful act, with no ulterior motive or purpose. (if i randomly wanted to kill someone, this would be general intent)

Question 14

intent

Answer 14

a state of mind which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences.

Question 15

knowledge

Answer 15

an awareness of certain facts that can be used to re-establish mens rea.

Question 16

liability

Answer 16

legal responsibility for a wrongful action

Question 17

mens rea

Answer 17

a deliberate intention to commit a wrongful act, with reckless disregard for the consequences. is one of the 2 major things needed to prove someone of being guilty. the other is actus reus. means rea means the guilty mind, this is saying that the person who commited a crime must know that this is a crime, and they know that they are commiting a crime. mens rea can be proven in 5 different ways. the act was intentional, knowing, negligent, reckless, or willfully blind. we use an acronym called WINKR.

Question 18

motive

Answer 18

the reason a person commits a crime

Question 19

parties to an offence

Answer 19

those people who are indirectly involved with committing a crime. these parties can include: aiding, abetting, counselling, accessory after the fact.

Question 20

party to common intention

Answer 20

the shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit. for example, if 6 people hijack a security truck and one of them shoots the driver, all of them can be charged with murder.

Question 21

perpetrator

Answer 21

the person who actually commits the crime

Question 22

quasi-criminal laws

Answer 22

laws covering less serious offences at the provincial or municipal level; most often punishable by fines. example: parking ticket etc.

Question 23

recklessness

Answer 23

consciously taking an unjustifiable risk that a reasonable person would not take. fr example, that you know you need glasses to operate a car, and you do not wear glasses and you run into a car, you can be charged because you were being reckless. one of 5 mens rea.

Question 24

regulatory laws

Answer 24

federal or provincial statutes meant to protect the public well-being.

Question 25

specific intent

Answer 25

the desire to commit one wrongful act for the sake of accomplishing another.for example; you try to rob a bank, but there are too many security guards so you kill the security guards.

Question 26

strict liability offences

Answer 26

offences that do not require mens rea but to which the accused can offer the defense of due diligence.

Question 27

willfulblindness

Answer 27

a deliberate closing of ones mind to the possible consequences of ones actions. can establish mens rea.