Law

Question 1

What is a crime? Explain.

Answer 1

An offence (an action or omission) against society that is punishable by law.

Question 2

What elements of a crime have to be proven to convict an individual of a crime? Explain each of them.

Answer 2

Actus Reus - The guilty act - voluntarily committed the act

Mens Rea - The guilty mind - knowledgeable intent to carry out the act or willful blindness, recklessness, negligence

Question 3

How well do the elements of a crime have to be proven in order to convict an individual of a crime? Who does the burden of proof rest with?

Answer 3

Beyond a Reasonable Doubt - A very high level of surety

Burden of proof rests with the Crown. The accused does not even have to take the stand in their own defence if the select not too.

Question 4

Describe the difference between general intent crimes and specific intent crimes.

Answer 4

General intent crimes - it must simply be demonstrated that the defendant meant to commit a crime.

Specific intent crimes - it must be demonstrated that not only did the defendant intend to commit a crime but intended to commit a specific indictable offence.

Question 5

Not all crimes require mens rea. Two types that don’t are strict liability offences and absolute liability offences. Explain each of these offence types.

Answer 5

Strict liability - In strict liability cases the defendant will be proven guilty unless they can prove that they acted with due diligence. An example case would be an individual charged with buying alcohol for a minor.

Absolute Liability - The defendant is responsible for their actions regardless of negligence or intent. The prosecution only needs to prove that an unlawful act or omission occurred. An example of an absolute liability case would be a traffic violation such as failing to stop at a stop sign.

Question 5

Crimes are categorized as indictable, summary conviction and hybrid offences. Describe each of these offence types.

Answer 5

Indictable Crimes - crimes of a more serious nature (e.g murder)

Summary Conviction Offences - Crimes of a less serious nature (e.g defacing currency)

Hybrid Offences - The prosecution determines if the offence will be pursued as a summary offence or an indictable offence (e.g. theft under)

Question 6

Crime Scene

Answer 6

The location where the crime took place.

Question 7

Physical Evidence

Answer 7

Evidence that can be seen, heard or observed.

Question 8

Circumstantial Evidence

Answer 8

Indirect evidence - Evidence that is not drawn from direct observation but leads to inference that the accused committed the crime

Question 9

Forensic Evidence

Answer 9

Evidence acquired through scientific methods e.g. DNA tests, blood tests, ballistics

Question 10

Chain of Custody

Answer 10

A process of tracking evidence from its collection, analysis and use in court so that it is not lost or contaminated.

Question 11

Hearsay Evidence

Answer 11

Evidence from a witness regarding what someone else saw or said. Generally inadmissible in court.

Question 11

Eyewitness

Answer 11

A person who saw something happen and can provide a first-hand description of the occurrence.

Question 12

What is the difference between being detained by police and being arrested? Explain.

Answer 12

Detainment - temporary deprival of one’s liberty in order to be questioned by police.

Arrest - Being formally charged with committing a crime.

Question 13

When an individual is arrested, they are often not kept in custody awaiting trial. Explain the following items in regards to judicial release.

Answer 13

Appearance Notice - A notification that one must appear in court at a particular time in order to respond to a criminal charge.

Promise to Appear - A written document in which the accused promises to appear in court on a specific date and time.

Recognizance - A written promise to appear in court or else pay money if they fail to show on the prescribed court date.

Bail - Involves posting a sum of money to guarantee that the accused will show up at trial.

Question 14

If an individual is charged with a serious indictable crime they will have a process referred to as “election”. Explain what this is.

Answer 14

Election - For a serious indictable crime, the accused will have a choice of a trial by judge or a trial by judge and jury.

Question 15

What is a preliminary hearing and when are they used? Explain.

Answer 15

If charged with an indictable offence a preliminary hearing is held to ensure that there is sufficient evidence to put the accused on trial.

Question 16

What is a plea bargain? Describe. Also explain 2 advantages and 2 disadvantages associated with plea bargains.

Answer 16

Plea Bargain - An arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges.

Advantages - Guaranteed Conviction, Saves court time, less expensive (avoids full trial)
Disadvantage - Is justice served, offender out of prison sooner, wrongful convictions

Question 17

List and briefly describe the main steps in a criminal trial.

Answer 17

Election - selection by the accused of trial by judge alone or with a jury

Jury Selection - process of selecting jurors for the trial

Crown’s Opening Statement - a summary of the case (witnesses and evidence) that the crown will present.

Direct Examination of Crown Witnesses - Crown calls their witnesses and questions them.

Cross-Examination of Crown Witnesses - The defence is allowed to question the Crown’s witnesses.

Motion For Dismissal - The defence may call for a dismissal of the case if they believe the Crown has failed to prove its case.

Defence’s Opening Statement - A summary of the case (witnesses and evidence) that the defence will present.
Direct Examination of Defence Witnesses - The defence calls and questions their witnesses (may or may not include the accused).

Cross-Examination of Defence Witnesses - The Crown has the opportunity to question each of the defence witnesses.

Rebuttal - The Crown has the ability to contradict any evidence that the defence has presented. The defence then has the opportunity to contradict the Crown’s rebut.

Defence’s Closing Arguments - The defence summarizes their case in an attempt to show that the accused is not guilty and that the Crown has not proven its case.

Crown’s Closing Arguments - The Crown summarizes the case in an attempt to show that the accused is guilty as charged and should be convicted for the crime they committed.

Charges to the Jury - The judge explains to the jury all of the legal parameters that they need to understand and consider during deliberations.

Question 18

Mistake of Fact

Answer 18

An honest mistake that leads to the crime being committed.

Question 18

What is a criminal defence? Explain.

Answer 18

Criminal Defence - A denial or justification regarding why one is not guilty of the charge presented.

Question 19

Mistake of Law

Answer 19

Ignorance of the law. Generally not a valid defence.

Question 20

Intoxication

Answer 20

May be used to lower specific intent charges to ones of general intent.

Question 21

NCR

Answer 21

Not Criminally Responsible due to a disease of the mind.

Question 22

Automatism

Answer 22

The act in question was carried out in a non-conscious manner.

Question 23

Self-Defence

Answer 23

One was using necessary and reasonable force to defend themselves.

Question 24

Duress

Answer 24

External forces coerced the individual into committing the crime

Question 25

Provocation

Answer 25

One was provoked in an extreme manner that caused them to commit the crime. May lower a specific intent charge to one of general intent.

Question 26

What is a wrongful conviction? Explain.

Answer 26

Wrongful Conviction - An individual that did not commit the crime is convicted of committing the illegal act in question.

Question 27

explain 3 items that contribute to wrongful convictions.

Answer 27

Unreliable Eyewitness Testimony
Bad Lawyering
Inaccurate Science
False Confessions
Police Tunnel Vision

Question 28

What is sentencing and who carries it out for criminal trials?

Answer 28

Sentencing is the process of sanctioning individuals that have been convicted of committing crimes.

Question 29

Denunciation

Answer 29

The concept of denunciation allows the judge to take into account society’s disdain for the crime committed.

Question 30

General & Specific Deterrence

Answer 30

The aim of specific deterrence is to prevent an offender from re-offending. The aim of general deterrence is to discourage other members of society from committing a similar offence.

Question 31

Separation of Offenders

Answer 31

Protect society from harmful individuals (incarceration).

Question 32

Rehabilitation

Answer 32

Provide opportunities for the offender to improve themselves in order to avoid future trouble with the law (recidivism).

Question 33

Reparations

Answer 33

The offender makes even for the harm they caused (payment for harm or injury caused)

Question 34

Judges consider many items when crafting a sentence for a convicted individual. Describe 4 items a judge will consider for sentencing purposes.

Answer 34

Mitigating factors - factors that may lead a judge to be more lenient e.g. first time offender, offender shows remorse, offender cooperates with the legal system…

Aggravating Factors - Factors that may lead a judge to more harsh e.g. repeat offender, violent crimes, no remorse or responsibility shown…

Victim Impact Statements - The victims of the crime are allowed to speak at a sentencing hearing regarding how the crime impacted them with the convicted present.

Criminal Code Prescriptions - The judge must follow the prescribed penalties of the Criminal Code (e.g. minimum and maximum sentences).

Precedents - Past cases of a similar nature.

Question 35

Absolute Discharge

Answer 35

The accused has been found guilty but is released with no conditions or record of offence.

Question 36

Conditional Discharge

Answer 36

The accused has been found guilty but is released with conditions, if those conditions are followed they will have no record of offence.

Question 37

Probation

Answer 37

The accused is found guilty but is released into the community with conditions including regular reporting to a probation officer.

Question 38

Conditional Sentence

Answer 38

A sentence that is served in the community e.g. house arrest.

Question 39

Intermittent Sentence

Answer 39

For sentences of less than 90 days, imprisonment time may be served in chunks e.g. on weekends.

Question 40

Dangerous Offender

Answer 40

An individual who has been convicted of multiple violent crimes may be declared/labeled as a dangerous offender and as a result face an indeterminate sentence.

Question 41

Long-term Offender -

Answer 41

An individual labeled as a long-term offender must serve their entire sentence (no statutory release) and then face up to 10 years of community supervision following their release.