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Law 11 > Law Unit 3 Chapter 6-8 Review > Flashcards

Law Unit 3 Chapter 6-8 Review Flashcards

Chapter 6: The Nature of Crime Chapter 7: The Criminal Court System Chapter 8: Investigation and Arrest

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1
Q

Chapter 6: Nature of The Crime

what is a CRIME?

defining crime and criminal offences

A

An act or omission of an act that is prohibited and punishable by federal statute.

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2
Q

Chapter 6: Nature of The Crime

what is CRIMINAL LAW?

defining crime and criminal offences

A

A category of public law that prohibits and punishes behavior that harms people, property, or society as a whole.

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3
Q

Chapter 6: Nature of The Crime

what is QUASI-CRIMINAL LAWS?

defining crime and criminal offences

A

Laws covering less serious offenses at the provincial or municipal law (most common punishment being fines).

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4
Q

Chapter 6: Nature of The Crime

What is the ACTUS REUS?

elements of a crime

A

“Guilty act” in Latin, referring to a voluntary action, omission, or state of being that is forbidden by the Criminal Code.

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5
Q

Chapter 6: Nature of The Crime

what is the MENS REA?

elements of a crime

A

“The guilty mind” in Latin, referring to the deliberate intention to commit a wrongful act, with reckless disregard of consequences.

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6
Q

Chapter 6: Nature of The Crime

what is GENERAL INTENT?

elements of a crime

A

The desire to commit a reckless act for its own sake, with no ulterior motive or purpose.

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7
Q

Chapter 6: Nature of The Crime

what is SPECIFIC INTENT?

elements of crime

A

The desire to commit one wrongful act for the sake of accomplishing another.

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8
Q

Chapter 6: Nature of The Crime

what is a MOTIVE?

elements of crime

A

The reason someone commits a crime.

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9
Q

Chapter 6: Nature of The Crime

what is KNOWLEDGE?

elements of crime

A

The awareness of certain facts that can be used to establish Mens Rea (guilty mind).

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10
Q

Chapter 6: Nature of The Crime

what is CRIMINAL NEGLIGENCE?

elements of crime

A

Wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death.

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11
Q

Chapter 6: Nature of The Crime

what is RECKLESSNESS?

elements of crime

A

Consciously taking an unjustifiable risk that a reasonable person would not take.

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12
Q

Chapter 6: Nature of The Crime

what is WILLFUL BLINDNESS?

elements of crime

A

A deliberate closing of one’s mind to the possible consequences of one’s actions.

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13
Q

Chapter 6: Nature of The Crime

what are REGULATORY LAWS?

elements of crime

A

Federal or provincial statutes meant to protect the public welfare.

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14
Q

Chapter 6: Nature of The Crime

what is a LIABILITY?

elements of crime

A

A legal responsibility for a wrongful action.

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15
Q

Chapter 6: Nature of The Crime

what are STRICT LIABILITY OFFENSES?

elements of crime

A

In civil law, the defendant is automatically liable for an injury caused by a dangerous substance or activity even if the defendant was not negligent.

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16
Q

Chapter 6: Nature of The Crime

what is DUE DILIGENCE?

elements of crime

A

The defence that the accused took every reasonable precaution to avoid committing a particular offence.

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17
Q

Chapter 6: Nature of The Crime

what are ABSOLUTE LIABILITY OFFENCES?

elements of crime

A

Offences that do not require mens rea and to which the accused can offer no defence.

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18
Q

Chapter 6: Nature of The Crime

who is the PERPETRATOR?

involvement in a crime

A

The person who actually commits the crime.

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19
Q

Chapter 6: Nature of The Crime

who is the PARTIES TO AN OFFENCE?

involvement in a crime

A

People indirectly involved in committing a crime. (Ex. a party to an offence must have both knowledge and intent)

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20
Q

Chapter 6: Nature of The Crime

what is AIDING?

involvement in a crime

A

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

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21
Q

Chapter 6: Nature of The Crime

what is ABETTING?

involvement in a crime

A

The crime of encouraging the perpetrator to commit an offence.

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22
Q

Chapter 6: Nature of The Crime

what is COUNSELLING?

involvement in a crime

A

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

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23
Q

Chapter 6: Nature of The Crime

who is an ACCESSORY AFTER THE FACT?

involvement in a crime

A

Someone who knowingly receives, comforts, or assists a perpetrator in escaping from police.

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24
Q

Chapter 6: Nature of The Crime

who is PARTY TO COMMON INTENTION?

involvement in a crime

A

The shared responsibility among criminals for additional offences committed during the course of the crime originally intended to be committed.

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25
Q

Chapter 6: Nature of The Crime

what is ATTEMPT?

involvement in a crime

A

The intention to commit a crime, even if the crime is not completed.

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26
Q

Chapter 6: Nature of The Crime

what is a CONSPIRACY?

involvement in a crime

A

An agreement between two or more people to carry out an illegal act, even if the act has not actually occurred.

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27
Q

Chapter 7: The Criminal Court System

what is the PROVINCIAL COURT?

the criminal court structure

A

The lowest level in the hierarchy of Canadian courts.

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28
Q

Chapter 7: The Criminal Court System

what is a PRELIMINARY HEARING?

the criminal court structure

A

A judicial inquiry to determine whether there is sufficient evidence to put the accused on trial.

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29
Q

Chapter 7: The Criminal Court System

what is the SUPERIOR COURT OF THE PROVINCE?

the criminal court structure

A

The highest civil and criminal court in a province; consisting of a trial division and an appeal division. This court has jurisdiction beyond that of lower courts.

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30
Q

Chapter 7: The Criminal Court System

what is a COURT OF APPEAL?

the criminal court structure

A

A court with the authority to review decisions made by lower courts

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31
Q

Chapter 7: The Criminal Court System

what is the FEDERAL COURT OF CANADA?

the criminal court structure

A

A court that hears cases involving the federal government; consisting of a trial division and appeal division.

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32
Q

Chapter 7: The Criminal Court System

what is the SUPREME COURT OF CANADA?

the criminal court structure

A

The highest court of appeal in Canada: also deals with constitutional questions referred to it by the federal government.

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33
Q

Chapter 7: The Criminal Court System

what is a LEAVE?

the criminal court structure

A

Permission to appeal a case from a lower court to a higher court.

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34
Q

Chapter 7: The Criminal Court System

what does BEYOND A REASONABLE DOUBT mean?

the participants

A

A standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant committed the offence.

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35
Q

Chapter 7: The Criminal Court System

who is a JUDGE?

the participants

A

The court official appointed to try cases in a court of law and to sentence convicted persons.

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36
Q

Chapter 7: The Criminal Court System

what is JUSTICE OF PEACE?

the participants

A

A court official who has less authority than a judge but can issue warrants and perform other judicial functions.

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37
Q

Chapter 7: The Criminal Court System

what is a ACCUSED (DEFENDANT)?

the participants

A

In criminal court, the person being charged with committing a criminal offence.

38
Q

Chapter 7: The Criminal Court System

who is a DUTY COUNSEL?

the participants

A

A lawyer on duty in a courtroom or police station to give free legal advice to persons arrested or brought before the court.

39
Q

Chapter 7: The Criminal Court System

what is a DEFENCE COUNSEL?

the participants

A

The lawyer who represents the defendant’s interest.

40
Q

Chapter 7: The Criminal Court System

what is a CROWN ATTORNEY (PROSECUTOR)?

the participants

A

The lawyer representing the government’s interests in prosecuting criminal offenders.

41
Q

Chapter 7: The Criminal Court System

what is EVIDENCE?

the participants

A

Information that tends to prove or disprove the elements of an offence.

42
Q

Chapter 7: The Criminal Court System

what is a COURT CLERK?

the participants

A

The court official who assists the judge in administering oaths and performing other duties.

43
Q

Chapter 7: The Criminal Court System

what is a COURT REPORTER?

the participants

A

The court official who records everything said in court during a trial.

44
Q

Chapter 7: The Criminal Court System

what is a TRANSCRIPT?

the participants

A

A typed record of everything said in court during a trial.

45
Q

Chapter 7: The Criminal Court System

who are COURT SECURITY OFFICERS?

the participants

A

Handles accused persons who are in custody and helps maintain security in the courtroom.

46
Q

Chapter 7: The Criminal Court System

who is a SHERIFF?

the participants

A

Responsible for the jury, including summoning, paying, secluding and guarding them.

47
Q

Chapter 7: The Criminal Court System

what is a BAILIFF?

the participants

A

Court official who assists the sheriff.

48
Q

Chapter 7: The Criminal Court System

who is a WITNESS?

the participants

A

Someone who gives evidence, under oath or affirmation, of their knowledge of the circumstances surrounding a crime.

49
Q

Chapter 7: The Criminal Court System

what is a SUBPEONA?

what happens if they dont appear in court?

the participants

A

Compelled to appear in court by a subpoena, a court order requiring the witness to appear in court on a certain date to give evidence.

Failure of a witness to appear can result in a contempt of court charge for obstructing the course of justice and disobeying the court’s authority.

50
Q

Chapter 7: The Criminal Court System

what is a PERJURY?

what is the maximum penalty?

the participants

A

Committing perjury, knowingly making false statements in court while giving evidence, is a serious offence.

The maximum penalty is 14 years in jail.

51
Q

Chapter 7: The Criminal Court System

what is a JURY?

what do they do during the trial?

the participants

A

a group of 12 people who decide whether the accused is guilty or not guilty. They chosen by the crown and defence from a pool of ordinary citizens.

Listen to the trial, consider all the evidence and follow the judge’s instructions about the law.

Withdraw to the jury room to deliberate, consider the evidence and decide guilt or innocence.

52
Q

Chapter 7: The Criminal Court System

who is eligible to be a juror?

who cannot be?

is it possible to be exempt, if so why?

role of jury

A

have to be 18 years old, Canadian citizens, and a resident of the province for at least one year.

Publicly elected politicians, lawyers, prison guards, police officers and probation officers cannot serve as jurors.

People can be exempt from jury duty for health and religious reasons, financial hardship or if they have served on a jury in the past 2 years.

If you wish to be excused from the jury you can apply to the sheriff.

53
Q

Chapter 7: The Criminal Court System

what is a JURY PANEL?

role of jury

A

A group of potential jurors. Selected at random from electoral polling lists.

54
Q

Chapter 7: The Criminal Court System

what is an ARRAIGNMENT?

role of jury

A

It is the first stage of a criminal trial in which the court clerk* reads the charge* and the defendant enters a plea (saying if they are gulity or not)

If the plea is not guilty, the crown and defence will begin to select jurors from the panel under the supervision of the judge.

55
Q

Chapter 7: The Criminal Court System

what is a PLEA?

role of jury

A

In law, a plea is a defendant’s response to a criminal charge. A defendant may plead guilty or not guilty.

56
Q

Chapter 7: The Criminal Court System

how is PEREMPTORY CHALLENGE used?

what are the different situations?

role of jury

A

the right of the Crown or defence can exclude someone from a jury without providing a reason.

  • 20 challenges (jurors) for serious cases
  • 12 if the accused can be sentenced to more than five years
  • 4 if the sentence is less than five years.
57
Q

Chapter 7: The Criminal Court System

what are the Jury Selection Steps?

hint: theres 12

role of jury

A

1. You get a summons in the mail to appear in court on a specific date and time.
2. You arrive at court on your summons day and potential jury names are put in a ballot box.
3. When your name is drawn, you appear in court and face the accused.
4. The Crown and Defence lawyers get to ask specific questions and may dismiss a potential jury member based on Challenge for Cause (provide a reason , no limits) and Peremptory Challenge (no reason, limited based on the sentence).
5. Once the jury is selected, they must do a Juror’s Oath.
6. After the oath, they must vote in their foreperson.
7. Then the judge explains what will take place during the trial.
8. The trial begins and the jury is responsible for listening to all of the evidence.
9. At the end of the trial, the judge charges the jury.
10. The jury will begin their deliberations.
11. The jury reached a unanimous decision.
12. The foreperson will present the verdict to the judge.

58
Q

Chapter 7: The Criminal Court System

how is A CHALLENGE FOR A CAUSE used?

role of jury

A

the right of the Crown or defence to exclude someone from a jury for a particular reason, can be used if they feel that the potential juror has already formed an opinion, cannot physically perform their duties or has been convicted of a serious offence.

  • Each side has unlimited challenges for cause.
  • After a juror is accepted as suitable and impartial, the Crown or defence can still reject the juror by using a PEREMPTORY CHALLENGE (exclude someone for no reason)
59
Q

Chapter 7: The Criminal Court System

what is a BURDEN OF PROOF?

criminal trial process

A

the Crown’s obligation to prove the guilt of the accused and It is not for the accused (defendent) to start proving innocence.

60
Q

Chapter 7: The Criminal Court System

what is DIRECT EXAMINATION?

what is CROSS EXAMINATION?

criminal trial process

A
  • The first questioning of a witness to determine what he or she observed about the crime in question
  • The second questioning of a witness to test the accuracy of the testimony, performed by the opposing attorney
61
Q

Chapter 7: The Criminal Court System

what is a MOTION FOR DISMISSAL?

criminal trial process

A

A request by defense counsel that the judge dismissed the charges against the defendant.

62
Q

Chapter 7: The Criminal Court System

what is a DIRECTED VERDICT?

criminal trial process

A

A decision by the judge to withdraw the cases from the jury and enter a verdict of not guilty

63
Q

Chapter 7: The Criminal Court System

what does it mean to REBUT?

criminal trial process

A

To contradict evidence introduced by the opposition

64
Q

Chapter 7: The Criminal Court System

what is a SURREBUTTAL?

criminal trial process

A

A reply to the opposing sides rebuttal

65
Q

Chapter 7: The Criminal Court System

what is HEARSAY EVIDENCE?

what is DIRECT EVIDENCE?

what is CIRCUMSTANTIAL EVIDENCE?

what is CHARACTER EVIDENCE?

4 types of evidence

criminal trial process

A
  • Evidence given by a witness based on information from a third party
  • Testimony given by a witness to proven alleged fact
  • Indirect evidence that leads to a reasonable inference of the defendant’s guilt
  • Evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offense
66
Q

Chapter 7: The Criminal Court System

what is ELECTRONIC SURVEILLANCE?

what is WIRETAPPING?

what is BUGGING?

criminal trial process

A
  • The use of any electronic device to overhear or record communications between two or more people
  • The interception of telephone Communications
  • Recording a speaker’s oral communication by using an electronic device
67
Q

Chapter 7: The Criminal Court System

what is VOIR DIRE?

criminal trial process

A

A mini trial that takes place during a trial
jurors are excluded while the judge, the Crown, and the defence discuss the admissibility of evidence

68
Q

Chapter 7: The Criminal Court System

what is a CHARGE TO THE JURY?

criminal trial process

A

The judges explanation to the jurors of how the law applies to the case before them

69
Q

Chapter 7: The Criminal Court System

what is a HUNG JURY?

criminal trial process

A

A jury that cannot reach a unanimous verdict and, consequently, is dismissed from the case

70
Q

Chapter 7: The Criminal Court System

what is a APPELLANT?

criminal trial process

A

The party that files an appeal

71
Q

Chapter 7: The Criminal Court System

who is the RESPONDENT?

criminal trial process

A

The party that responds to an appeal
- ALSO, The person or organization being sued in a legal action, such as a divorce or complaint obsermination

72
Q

Chapter 7: The Criminal Court System

Stages in a Criminal Trial by Jury

hint: theres 14

criminal trial process

A
73
Q

Chapter 8: Investigation and Arrest

FEDERAL POLICING

what is the jurisdiction?

levels of policing

A

(RCMP) Royal Canadian Mounted Police

  • they make up the federal police
  • may serve as provincial police
74
Q

Chapter 8: Investigation and Arrest

PROVINCIAL POLICING

what is the jurisdiction?

levels of policing

A

OPP
- in rural and unincorporated areas

  • helps towns with no police force
75
Q

Chapter 8: Investigation and Arrest

MUNICIPAL POLICING

what is the jurisdiction?

levels of policing

A

York Regional Police, Peel Regional Police, Toronto Police Service
- policing in towns and cities
- funds it’s own force

76
Q

Chapter 8: Investigation and Arrest

what is PHYSICAL EVIDENCE?

how is it collected and by who?

starting a police investigation and physical/forensic evidence

A

When a crime has been committed, the first job of the police is to collect all the evidence that they can find at the scene

  • the careful collection, examination, and storage of physical evidence are a vital part of any criminal investigation
77
Q

Chapter 8: Investigation and Arrest

what is the CENTRE?

what is the PERIMETER?

> starting a police investigation and physical/forensic evidence

A
  • the area in which the offence was actually committed
  • the areas surrounding the centre, where the offender may have been present or may have left evidence
78
Q

Chapter 8: Investigation and Arrest

what is CONTAMINATION?

> starting a police investigation and physical/forensic evidence

A

the loss, destruction, or alteration of physical evidence

79
Q

Chapter 8: Investigation and Arrest

what is a POLICE LOG?

> starting a police investigation and physical/forensic evidence

A

all the details of the incident, the victim/caller and relevant address are entered in the first instance along with the time and date

80
Q

Chapter 8: Investigation and Arrest

what is FORENSIC SCIENCE?

How is it used to find evidence in a crime?

> starting a police investigation and physical/forensic evidence

A
  • use of biochemical and other techniques to analyze evidence
  • a piece of evidence found at the scene of a crime will often be analyzed by several different methods to get the most information from it. (ex. specific shoe tracks)
81
Q

Chapter 8: Investigation and Arrest

what are IMPRESSIONS?

what are CLASS CHARACTERISTICS?

what are INDIVIDUAL CHARACTERISTICS?

> starting a police investigation and physical/forensic evidence

A
  • Patterns or marks found on surfaces and caused by various objects such as figures, shoes, tires, blunt objects, etc…
  • the general attributes of the object (ex. type of tire)
  • specific and unique of an object (ex. tread wear on a specific tire)
82
Q

Chapter 8: Investigation and Arrest

what are FINGERPRINTS?

what is a LATENT FINGERPRINT?

what is a VISIBLE FINGERPRINT?

> starting a police investigation and physical/forensic evidence

A
  • The unique patterned mark left behind after a fingertip touches an object
  • formed by natural oils and perspiration on the fingertip. Not visible to the naked eye.
  • can be observed by the naked eye i.e. coated in blood or grease
83
Q

Chapter 8: Investigation and Arrest

what is CHAIN OF CUSTODY?

> starting a police investigation and physical/forensic evidence

A

paper that records sequence evidence

84
Q

Chapter 8: Investigation and Arrest

what is Questioning?

arrest and detention

A

While police officers are required to ask questions as they investigate a crime, the suspect cannot be forced to answer them.

85
Q

Chapter 8: Investigation and Arrest

what is The 4 Stage Approach?

what are these stages?

arrest and detention

A
  • The general approach to questioning involves a simple, 4 stage approach where they ask the suspect to describe:
  1. The entire incident
  2. The period before the offence took place
  3. The details of the actual offence
  4. The period following the offence
86
Q

Chapter 8: Investigation and Arrest

what are some Arrest & Detention Procedures?

arrest and detention

A
  • A criminal case begins with the police formally charging a person with committing an offence.
  • Once someone has been charged, the police will either arrest or detain the suspect.
  • The arrest procedure must follow the rules of an arrest in order to be lawful.
  • The Arrest Procedure
  • The arresting office must identify them self as a police officer.
  • They must advise the accused that they are under arrest.
  • They must inform the accused of the charge and provide a warrant if they have one.
  • They must touch the accused to indicate that the are in legal custody, and then inform them of their right to counsel.
87
Q

Chapter 8: Investigation and Arrest

METHODS OF ARREST

what is an Appearance Notice?

what is an Arrest with a Warrant?

what is an Arrest Without a Warrant?

arrest and detention

A

Appearance Notice:
- Is used for most minor criminal offences.
The accused is not arrested, but they are served with a notice to appear in court on a certain date.
- The accused must sign the notice and be given a copy.
- If they fail to appear in court, the police can ask the judge to issue a bench warrant and the accused can be arrested.

Arrest with a Warrant:
- Is the method used to arrest those accused of more serious indictable offences.
- In these cases, the police ask a judge or justice of the peace to issue a summons.
- This usually happens when the police expect the accused to appear in court voluntarily.
- The summons is delivered by a sheriff or deputy and it informs the accused of the charges and when to appear in court.
- Often a summons will include an order to appear at a police station for fingerprinting.

Arrest Without a Warrant:
- Can only take place in three specific circumstances outlined in section 495 of the
Criminal Code.
- The police have reasonable grounds to suspect that a person has either committed or is about to commit an indictable offence.
- They find the person committing the offence.
- They find a person who they believe is named on an existing/outstanding arrest warrant.

88
Q

Chapter 8: Investigation and Arrest

what are Searches?

arrest and detention

A

Police searches of individuals is an important legal procedure.

  • In most cases, the police must obtain a warrant before searching places like a residence, an office or a storage area.
  • The police do not need a warrant to search a person they have just arrested.
89
Q

Chapter 8: Investigation and Arrest

what are some Procedures After an Arrest?

arrest and detention

A
  • Having the accused photographed.
  • Having the accused fingerprinted
  • Having the victim or a witness identify the suspect after viewing several people with similar characteristics.
  • Photographing and fingerprinting can only be done if a person is charged with an indictable offence.
90
Q

Chapter 8: Investigation and Arrest

what is a Pre-Trial Release?

arrest and detention

A

After an arrest, the police may decide to release the accused until the trial begins.
If the police believe that the accused will appear in court voluntarily and will not commit a crime while waiting for their trial to begin, they will be asked to sign a promise to appear.

91
Q

Chapter 8: Investigation and Arrest

what is Bail?

arrest and detention

A

Bail is the temporary release of a prisoner who posts a sum of money or other security to guarantee his or her appearance in court.
Bail hearing must be within 24 hours of an arrest.

92
Q

Chapter 8: Investigation and Arrest

what is Reverse Onus?

arrest and detention

A
  • Is when the burden of proof shifts to the defence who must show why bail should be granted.
  • This happens for murder charges, if the accused is charged with a second offence while out on bail, the charge involves a failure to appear in court, or the charge is trafficking narcotics.

Law 11 (1 decks)

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