Quiz Part 7 Flashcards
Why do people commit crimes ? Explain what the different levels of government can do to try to help with these problems above.
- Sociology (people in worse economic/societal situations)
- Mental Health issues (pandemic generally worsened mental health)
- Poverty (homelessness + mental health issues -> property crime)
- Revenge/Jealousy
- Drug addiction (people feeding their drug/sex/substance abuse addiction through theft)
- Economic Downturn (can lead to more property crime)
// mnemonic for fun: “Some Men Prefer Really Dark Espresso” (sociology, mental health, poverty, revenge, drug addiction, economy)
Categories of Criminal Offences that are found within the Criminal Code of Canada
- Summary Conviction Offences
(i.e shoplifting, tresspassing, breaking and entering/B + E)
- a summary conviction offence (or petty offence) is a minor criminal offence
- has a maximum sentence time of six months and maximum fine of $10 000
- the accused must be charged for this offence before six months pass (like a statute of limitations) - Hybrid or Dual Procedure Offences
(i.e impaired driving, some forms of assault, theft under $5 000)
- most Criminal Code offences fall under the category of hybrid offences
- the Crown can decide that an offence has characteristics of both types of offences and charge accordingly - Indictable Offences
(i.e. armed robbery, homicide, kidnapping, various forms of assault)
- an indictable offence (pronounced in-dite-able) is a more serious offence that has a more serious punishment
- maximum penalty of 25 years (life) and a fine over $10 000
Explain the relationship of the Actus Reus and Mens Rea within Criminal Offences and what does the Crown have to proof?
Actus Reus and Mens Rea
In order to charge someone with a crime, the prosecution must prove two elements are present:
Actus Reus
- means ‘guilty act’
- the physical action part of the crime committed
Mens Rea
- means ‘guilty mind’
- the mental / knowledge part of the crime
- aka intent
Stay the proceedings
postpone the case due to not having enough evidence at the moment (Can resume the case at a different time)
Culpable vs Non Culpable Homicide - How is Culpability determined in a Homicide ?
Cupable Homecide is manslaughter, first degree murder, second degree murder and infantcide
Non-culpable homecide is when it was an accident or self defense
Homicide (or murder) is the first category of violent offences towards another person. Homicide refers exclusively to murder; we have other charges for offences like assault.
We have different categories of homicide based on the degree of culpability the accused has:
What is Culpability?
Culpability is responsibility or fault for an action/crime.
// a common confession in the Latin translation of Catholic liturgy is “mea culpa”, which means “my fault”. CULPAbility, from the same root word, is used to assign fault to one’s actions.
Culpable homicides occur when someone causes a death intentionally or by acting recklessly, while non-culpable homicides are the result of accidents. This means that non-culpable homicides lack the element of mens rea required for a first- or second-degree conviction.
Past culpability, there are three different ‘types’ of murder…
What is the difference between First degree Murder , Second Degree Murder and Manslaughter- Burden of Proof is on the Crown in successfully convicting a person of one of these crimes . what must the crown proof ? How are the potential sentences different for each one ?
First-degree murder
The Crown must prove…
- must be PREMEDITATED!!!
- the murder was planned (thought out carefully) and deliberate (the accused weighed the consequences - not impulsive)
or…
- the victim is a law enforcement agent
- the death occurs during another crime (some forms of assault, kidnapping, hijacking, etc.)
Potential sentences include…
- minimum sentence is life imprisonment (25 years)
- convict is eligible for parole after a minimum of 25 years
Second-degree murder
The Crown must prove…
- murder occured without any of the requirements of first-degree murder (no pre-meditation but it was still culpable/intentional)
Potential sentences include…
- minimum sentence is life imprisonment (25 years)
- convict is eligible for parole after a minimum of 10 years
Manslaughter
The Crown must prove…
- that the accused caused the death of a person (directly or indirectly) by means of an unlawful act
- general intent rather than specific
eg. recognizing that the unlawful act of speeding could kill a pedestrian (general intent/manslaughter) vs. speeding up to kill a specific pedestrian (specific intent/first- or second-degree murder)
Potential sentences include…
- no minimum sentence (typically ranges 10-14 years)
- parole can be granted after a minimum of 7-10 years
What is unique about Infanticide ?
Infanticide is defined as specificially killing (usually your own) baby/young child.
Generally, it counts as a form of mental health defence for people suffering postpartum depression, when they killed their newborn baby or infant. This means that a psychiatric testimony that the mother is suffering postpartum depression is required!
// similar to an expert witness from previous chapters
Infanticide is unique in that its penalty is reduced due to the circumstances.
The maximum penalty is 5 years, but sentences might also include:
- counselling
- provided medication
- restrictions on when you can have another child (wait a few years)
Infanticide is NOT…
- unwillingness to care for the baby/missing your own life
- other intentional child murder
Euthanization
- one person acts to end another person’s life, but to end suffering (or another compassionate reason)
- voluntary/passive euthanasia
- Doctor Assisted Suicide is now legal (which changed as a result of a supreme court decsison in 2015.)
- This is an example of case law: intervener groups spoke on behalf of people who wanted to receive doctor assisted suicide (who can’t speak for themselves.) They won the trial, resulting in the creation of new case law.
- The church would rather keep you in comfortable palliative (medical pain-relief) care
- Before the supreme court decision was passed, people complicit in euthanization could have been charged with deliberate manslaughter or accessory to murder (see R. v. Latimer for more information: murder of Latimer’s daughter, a cerebral palsy patient)
- see also issues such as abortion (R. v. Morgentaler)
Assault and Sexual Assault - ( Different Levels ) ??Legal Issues ( what is the Burden of Proof on the Crown?) Controversy in modern day society ?
Elements of Assault
All assaults have two common elements:
Intent: The accused intended to carry out the attack and cause harm.
Lack of Consent: The victim did not consent to the interaction (unlike in a boxing match or contact sport)
Levels of Assault
In Canada, there are three levels of assault:
Level One: Assault
- applying intentional force w/o consent
- threatening force with gestures (not just words)
- approaching or blocking someone’s way
maximum penalty: 5 years
Level Two: Assault Causing Bodily Harm
- generally involves a physical attack with a weapon
- causes bodily harm (something that interferes with the victim’s health or comfort)
maximum penalty: 10 years
Level Three: Aggravated Assault
- the physical injuries of bodily harm threaten the life of the victim
- only mens rea for bodily harm is required (crown attorneys don’t need to prove intent of deadly force - the distinction only depends on the severity of the victim’s injuries)
maximum penalty: 14 years
Levels of Sexual Assault
Sexual assault is any form of unwanted sexual activity (formerly known as rape under the Criminal Code.) Like criminal assault, there are three levels:
Level One
- the same as criminal level one assault, but
- occurs in relation to sexual conduct
maximum penalty: 10 years
Level Two
- sexual assault with a weapon or imitation of a weapon
- may cause bodily harm to the victim
maximum penalty: 14 years
Level Three
- aggravated sexual assault
- physical injuries may be life threatening to the victim
maximum penalty: life sentence/25 years
// from assault to sexual assault, potential penalties scale up by one:
assault: 7, 10, 14
sexual assault: 10, 14, 25
What is consent?
Consent
Consent is voluntary agreement to engage in a sexual act.
Controversy in modern day society?
In Canada, sexual assault does not consider the validity of ‘implied consent’, meaning that given consent must be explicit (flirtatious behaviour ≠ consent)
Theft vs Robbery
Theft
- Theft is taking someones property without their consent or damaging it so severely that it is unusable.
To prove it:
- Act must be fraudulent
- Person taking item can’t have legal right to it (colour of right)
- Accused must have intent to deprive owner of it
- Theft under $5000 = 2 years
- Theft over $5000 = 10 years
Explain the ‘Color of Right’: the legal right to a property
when a person has transferred use of that property to themselves knowing that it was stolen, they have committed theft
Robbery
- Theft involving violence or the threat of violence and usually involving a weapon.
- Max life in prison
Color of Right
when a person has transferred use of that property to themselves knowing that it was stolen
Identity Theft, Fraud
includes…
- Mail theft
- Theft from personal spaces
- Misuse of personal data in business transactions
- phishing/spoofing/texting
- Theft from company or government databases
- fraudulent love crimes (girlfriend scams)
- senior scams
- people are stupid and leave their personal information in easily accessible places
- white collar crime is business crime: people can scam you of money (fake cheques, internet fraud)
- generally contrasted with physical crimes
- white collar criminals go to jail way less but probably can also do more damage (people can lose hundreds of thousands of dollars)
Arson
Intentionally causing damage to property via fire or explosion
max penalty with no danger to life: 14 years
max penalty including bodily harm: life in prison (25)
Break + Enter / Trespassing
- Forcing your way into someones house and trespassing
Breaking = opening something meant to be closed
Enter = Going to a place where one doesn’t have a right to be
Street Racing - Motor Vehicle Act Violations
- Illegal auto races that take place on public roads.
- Causes bodily harm = 14 years
- Causes death = life in prison
- includes mandatory suspension of driving licenses
Section 148 – Racing: Prohibits street racing and reckless driving.
Section 144 – Driving Without Due Care and Attention: Covers aggressive or careless driving related to street racing.
Prostitution ( Solicitation ) what is illegal about Solicitation?
exchange of money $ for sexual services
Oldest profession in the world ¨ - Argument for Legalization
(however, is often connected to human trafficking)
Prostitution itself is legal in Canada. However, there are activities related to prostitution that are illegal:
Soliciting:
communicating for the purpose of prostitution (this law is mainly meant to lower the visibility of street prostitution)
Keeping a Brothel/Bawdyhouse
A brothel/place of prostitution
Procuring
Directing customers to/living off the earnings of a prostitute.
^^ lower two typically related to pimps (living off the avails of prostitution)
three roles:
- john (/jane) - buyer
- prostitute (seller)
- Pimps living off the avails of Prostitution (perpetrate human trafficking, put prostitutes under duress, getting them addicted to drugs ?)
DUI - Impaired Driving , Drugs and/or alcohol Possession - How to determine
If someone is under the influence while operating a Motor Vehicle
Impaired Driving, Drugs and/or alcohol Possession
How to determine if someone is under the influence while operating a Motor Vehicle?
Police may conduct spot checks to determine if drivers are under the influence of drugs or alcohol.
- These spot checks are considered a reasonable limit because of their ability to reduce impaired driving.
- The main criminal cause of death in Canada is impaired driving.
- If your blood alcohol level (on a breathalyzer test) is over 0.08, you cannot legally drive.
- 1st time = $1000
- 2nd time = 30 days minimum
- 3+ times = 120 days minimum
- if tried as indictable = 18 months max
Possession of Child Pornography and Distribution
Cell / Smart Phones - very delicate problem especially amongst teens and young adults - Sextortion
teens and phones, child pornography and the distribution of it, sextortion
Marijuania is Legal Now for adults : What to Know ? The Controlled Substances Act - Possession and Trafficking
A controlled substance is a drug classified as illegal, listed under the Controlled Substances Act (a combination of the old Narcotic Control Act and Food and Drugs Act).
- Schedule I — the most dangerous drugs, including narcotics such as heroin and cocaine
- Schedule II — cannabis (marijuana) and its derivatives
- Schedule III — many of the more dangerous drugs previously found in the Food and Drugs Act, such as lysergic acid diethylamide (LSD) and Ecstasy
- Schedule IV— drugs that must be controlled but that have therapeutic use, such as barbiturates
Possession:
Schedules I-III are illegal to possess in Canada, however possession of Schedule IV drugs is permitted for theraputic use.
Trafficking:
To traffic is defined as selling, transferring, or otherwise distributing a controlled substance. Drug trafficking is illegal if it involves any controlled substance, from Schedules I-IV.
// ex. even if you have a medical xanax perscription, you can’t give or sell it to others because it falls under trafficking rather than possession.
