Quiz Part 4 Flashcards
What does the Criminal Code of Canada do?
Defines legal and illegal activities and specifies minimum and maximum penalties for crimes.
What does the YCJA do?
Youth Criminal Justice Act Governs how young offenders (ages 12-17) are dealt with.
Focuses on rehabilitation and reintegration into society.
What does the Federal Government do?
Responsible for creating and amending criminal laws (legislative branch).
What is an Amendment?
To change laws by the Government or by the creation of new Case Law decisions made by the Supreme Court
Why do people commit crimes?
Changing Morals over decades.
Economic jealousy (wealth inequality).
Drug addiction.
Anger management issues.
Mental health problems.
Crimes of passion (emotional impulses).
Violent behavior.
Categories of Criminal Offences in order?
1.Summary Conviction Offences = Least serious
2.Hybrid or Dual Procedure Offence = Middle
3.Indictable Offences = Most serious
- Summary Conviction Offences (Penalty and example)?
Least serious; typically minor.
Example: Causing a public disturbance.
Potential sentence: Fines or short jail time (up to 6 months).
- Hybrid or Dual Procedure Offence (Penalty and example)?
Can be tried as summary or indictable.
Example: Assault.
Potential sentence: Varies based on trial method.
- Indictable Offences (Penalty and example)?
Most serious crimes.
Example: Murder, robbery.
Potential sentence: Long-term imprisonment maximum of 25 years without parole, up to life.
What is Quasi-Criminal Law?
Quasi-Criminal Law (Provincial Regulations)
Examples: BC Liquor Control Act, Motor Vehicle Act, BC Hunting Regulations.
Offences like texting while driving or hunting without a permit.
Consequences: Fines or loss of privileges (e.g., suspended driver’s license).
Burden of Proof in Criminal Cases?
On the Crown to prove:
Actus Reus – The physical act of the crime.
Mens Rea – The mental intent or knowledge behind the act.
What is an Expert Witness’s Role?
They may argue the accused lacked Mens Rea or Actus Reus.
Example: R. v. Parks (Sleep Driving Case):
Unique due to Non-Insane Automatism (catatonic state).
Different Intent in Criminal Cases?
General Intent:
Easier to prove; based on the action itself.
Example: Assault causing harm.
Specific Intent:
Harder to prove; involves deliberate planning.
Example: First-degree murder.
Importance of Knowledge/ Understanding of consequences?
To convict someone, the Crown lawyer must prove:
They knew their action was wrong.
They understood what might happen because of it.
If the person didn’t know or understand, they might not be found guilty.
Meaning of Willful Blindness?
Ignoring obvious facts to avoid liability.
