Law Exam - Unit 3 Flashcards
What is the definition of a crime?
An act or omission of an act that is prohibited or punishable by federal statute
Provide an example of an “omission of an act”
Leaving the scene of a car accident you were involved in
List the four conditions that must exist for an act or omission of an act to be considered a crime
- The act is considered wrong by society
- The act causes harm to society i general or those (such as minors) who need protection
- The harm must be serious
- The remedy must be handled by the criminal justice system
Provide an example of something that used to be considered a crime in Canada
Possession of Marijuana
Criminal law
A body of laws that prohibit and punish acts that injure property and society as a hole
What is the Criminal Code of Canada?
A federal statute
What does the criminal code of Canada contain?
The majority of criminal laws passed by parliament
Why would the criminal code ever be amended?
When a new issue becomes important for society and they wish to reflect this change
How often is the criminal code typically amended?
Almost every year
Finish the sentence: Legal authority for administering the criminal justice system
Is shared between federal and provincial governments
Define quasi-criminal laws
Laws covering less serious offences at the provincial or municipal level: most often punishable by fines
What is the criminal equation?
Actus reus+Mens rea=Crime
What does Actus reus mean
The guilty act
What does mens rea mean
The guilty mind
Finish the sentence: The crown can establish menus
showing that the accused had the intent to commit an offense or knowledge that what they did was against the law
Define intent
state of mind in which someone desire to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences
How is general intent different from intent
General intent is committing a wrongful act for its own sake with no ulterior motive, whereas specific intent is where a person commits a wrongful act for the sake of accomplishing another
What is a motive, how is it different from intent
A motive is the reason someone commits a crime, while intent refers to that persons state of mind and willingness to break the law
How is knowledge defined
An awareness of certain facts that can be used to establish mens rea
Define negligence
Wanton or reckless disregard for the lives of and safety of others, sometimes causing serious injury or death
Define recklessness
Consciously taking an unjustifiable risk that no person in their right mind would
Define willful blindness
A willful closing of ones mind to the possible consequences of ones actions
Define regulatory laws
Federal or provincial statutes meant to protect the public welfare
Define liability
Legal responsibility for a wrongful action
Define strict liability offences
offences that do not require “Mens rea” but to which the accused can offer the defense of due diligence
Define perpetrator
The person who actually commits the crime
Define aiding
A criminal offence that involves helping a perpetrator commit a crime
Define abetting
The crime of encouraging the perpetrator to commit a crime
Define counseling
A crime that involves advising, recommending, or persuading another person to commit a criminal offence
Define accessory after the fact
Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police
Define party to common intention
The shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit
Define attempt
The intention to commit a crime, even when the crime is not completed
