Law 162 Flashcards
Define law
A body of rules that governs citizen’s behavior. It is enacted and enforced by the Federal government
What are the two types of law?
Public and private
Describe mens rea
The intent to commit a crime
Describe actus rea
The physical element of the crime
Define stare decisis
To stand by what has been decided with respect to judge’s ruling and precedent in mind
What does “parties to an offence” refer to
People other than the principal who can be charged with an offence
When two or more people discuss and plan to commit a crime, in which doesn’t happen, they may be charged with what?
Conspiracy
What constitutes as counselling an offence?
When someone advises, recommends, procures, or incites someone else to commit a criminal offence
What is aiding an offence?
Assisting or helping someone in committing an offence by either doing something, or ommitting doing something
What is abetting an offence?
Encouraging, instigating, promoting, or procuring a crime
When can someone be charged with accessory after the fact?
When someone helps the principal assist the party to the escape
Describe a general intent offence
An offence that requires intent to achieve the immediate result
Describe a specific intent offense
When there is additional intent to acieve the immediate result. There is intent to further an illegal goal
When do search and seizures take place?
When it is authorized by law (the law itself must be reasonable), and the search occuts in a reasonable manner. There must be reasonable probability or belief
What should an ITO include?
The place to be searched, the owner/occipier, the accused name, the offence and evidence sought.
When can things be seized?
If there are reasonable grounds that it has been obtained illegally, or has been used in an offence
When do tele-warrants get issued?
When it is impracticle to appear personally
When can a police officer search without a warrant?
Investigative detention (pat down for safety), if there is reason to believe an offence has occured including weapons, is they believe someone is going to be harmed, if the suspect consents, in exigent circumstances, or if a person/vehicle is anywhere other than a dwelling house
To secure evidence, prevent escape, and/or to ensure the safety of the accused and police
What does intercepting include?
Listening, recording, or acquiring an information
When will an interception be authorized?
if it is in the best interests with respect to the administration of justice, other investigative procedures have been tried (or will likely fail), or there is urgency of the matter
What are examples of one interceptions may occur unauthorized
If one party consents, and there is risk of bodily harm to the party consenting
describe an appearance notice
An appearance notice is issued by police
Requires the accused to attend court at a specific time in relation to a specific offense
When may a police officer arrest without a warrant?
When someone committed, or is about to commit an indictable offense, when they need to prevent a continuation or repitition of offense, in an emergency, if they need to ensure attendance at court, protect evidence, and/or when the officer believes there is an outstanding warrant.
What rights to people arrested have?
To remain silent, to be free from threats, promises, oppression, operating mind, and trickery, not to be arbitrarily detained or imprisoned, to be informed of the reasons for the arrest promptly, and the retain and instruct counsel without delay (and to be informed of this right)
What are the three ways of being detained?
Physically, psychologically, or giving a demand or direction
What are remedies?
Exclusions of evidence under the Charter
When are remedies enacted?
When evidence is obtained that infringed or denied rights or freedoms
If the admission would bring the administration of justice into disrepute
Describe the origin of the common law system
Came from England in 1066
Judges developed a body of law through decisions
What are the limitations on our Charter Rights and Freedoms
Reasonable limitations
The notwithstanding clause
What are the punishment for regulatory/provincial offences
Usually fines
Describe indictable convictions
More than two years to life
Tried by judge and/or jury
Jurisdiction of the superior court
Describe summary convictions
No juries
Less than 2 years
Trials are heard in provincial court
What are preliminary inquiries?
When the courts determine if there is enough evidence to proceed with a trial
What are the types of mens rea?
Intention
Knowledge
Recklessness
Willfull blindness
Penal negligence
What are the elements of attempting an offence?
The intent to commit the offence
Some act or omission towards committing the offence
Non-completion of the offence
Describe mistake of law as a defense
The accused has a reasonable and honest belief regarding that they had the right to do what they did
If someone with a mental disorder gets released after murder and treatment, but commits another crime, what would happen?
They would go through the court process again
Describe compulsion
The accused is the principle
They recieved threats or immediate death/bodily harm
Some charges are exempt
Describe duress
The accused is not the principle
Can be used in any charge
Threat does not have to be immediate
What happens if someone is subject to entrapment by the police?
The accused will be exonerated, and the police may face disciplinary action
Describe the defense of necessity
The accused committed the crime because they had no other option. Based on the idea that the law doesn’t always serve the greater good
Describe a summons
Issued by a peace officer
Requires the accused to attend court in relation to an alleged offense
