Law 30 Review Flashcards
Crime
On action or the omission of an action against the law
Criminal vs. civil
Punishment- criminal=jail or community service. Civil=fine or some type of restitution(no jail)
How guilt is decided- criminal=beyond a reasonable doubt. Civil=balance of probabilities
Who against who?- criminal=government vs. individual. Civil=between two people no government involved
Actus Reas
Guilty act, wrongful act that must be proved beyond a reasonable doubt
Men’s Rea
Guilty mind, only end up guilty if you meant to do it and were conscious of your offence
Culpable
When someone causes the death of someone & has intent that causes that death
Non-Culpable
Accidental with not intent or criminal recklessness
Sentence for 1st degree, 2nd degree murder
1st: 25-life
2nd: 10-25
Questions not excepted in court
Leading- where they are leading the witness to say yes or no
Opinion- giving your opinion without being a professional or expert (ex. DNA evidence by doctor)
Hearsay- heard from somebody else
Three classifications of offences
Summary- less severe, no more than 6 month trial
Indictable- indictable, similar to summary=police have more powers of search and arrest, no trial time limit(ex. Murder,arson,counterfeits)
Hybrid- gives police more search powers, outcome ends up summary or indictable,ex. Theft, fraud under 1000$,mischief,false alarms, conspiracy to commit an offence)
Two rights of person being arrested
Right to remain silent
Right to a lawyer
Right to know why they’re being arrested
Search warrant
Permission from judge to arrest someone, only valid with judges signature when shown sufficient evidence
Searching without a warrant 2 rules
Believes person is about to or has committed a crime, anything in plain sight
Catches person in the act &I has reasonable grounds for warrant(drug suspicion)
Illegal search results
Can get search declared invalid & all evidence becomes inadmissible
Bail
Pay out of jail=guarantee to show up to court, if you don’t you lose your $
Absolute discharge vs. conditional discharge
A: no charges
C: conditions placed on discharge(ex. Criminal record)
