Short Answer

Question 1

Criminal Conduct

Answer 1

does not depend on satisfying an individual’s particular view but describes conduct that has been identified by society that is deemed unacceptable and that people should be deterred from acting in that matter and punished when they do.

Question 2

6 factors for crime

Answer 2

1. Heredity - passed down through generations
2. Mental Imbalance - structure of the brain
3. Emotional deficiencies - ex) parenting, environment
4. Poverty - strongest factor
5. Lack of education
6. Association with criminals

Question 3

why people obey the law

Answer 3

1. The recognition of the social utility in obeying the law
2. A strong psychological need to identify as part of a group and share the same values
3. Act according to force of habit
4. Act according to the values that were indoctrinated as you grew up

Question 4

purpose of law

Answer 4

1. To force compliance with the norms of behavior that society believes to be crucial for the individual and collective well-being of its citizenry
2. To protect individual safety and property and to preserve social order

Question 5

types of crimes

Answer 5

• Felonies
• misdemeanors
• indictable
• summary
• hybrid

Question 6

incomplete crimes

Answer 6

• for a crime to occur, there must be a complete actus reus/ ‘criminal attempt’.
• Once an act is legally defined as an attempt to commit a crime, that attempt itself becomes a criminal act
• The supreme court states that there is ‘no general criterion’ to decide when action goes beyond preparation to an actual attempt. the answer must be left ‘to common sense judgment in each individual case’

Question 7

procedural justice

Answer 7

• we use the adversarial system
• This system is based on the assumption that the search for truth is best served by the parties themselves and not through a judge
• Lawyers determine the issues in dispute and how they will be argued, therefore the judge plays a relatively passive role
• In the civil law system the style of adjudication is known as the inquisitorial system - under this system the judge is responsible along with the parties for searching out evidence and examining witnesses

Question 8

adversarial system

Answer 8

Advantages
- Heightening the acceptability of the results because of the control allowed to the parties in the proceedings
- The judges ability to be impartial
- Arriving at truth by leaving the eliciting or challenging of evidence to the highly motivated parties

Disadvantages
- Encourages deceit and concealment of facts which can hinder arriving at truth
- It assumes that equality exists in the ability of the parties to present their cases
- It is inconsistent with the way humans go about seeking truth in everyday life

Question 9

canadian criminal process

Answer 9

• The criminal code creates offenses and prescribes the rules under which offenses are prosecuted.
• Rules governing the prosecution of offenders are found under the canada evidence act as well as judicial ruling interpreting the criminal code.
• The criminal code governs procedural matters, search warrants, powers of arrest, and modes of trials and sentencing.
• The Canada Evidence Act provides rules regulating the admission of evidence.
• The charter protects an accused person’s right from violation by the state and its agents during the criminal process.
  Prosecution of offenders is divided into 3 sections
  1. Investigation (done by police)
  2. Adjudication (trial/ court)
  3. Punishment (if found guilty)

Question 10

police investigation

Answer 10

• The police are responsible for apprehension of offenders and the gathering of evidence necessary for conviction
• They have power of arrest and search, take people to custody, interrogate them, search them, search places and seize evidence
• Their powers by nature are intrusive on individual rights therefore the criminal system provides effective measures to protect individuals in society from the excesses of the systems agents

Question 11

arrest and detention

Answer 11

• For an arrest for an individual to occur, a justice of the peace must issue a warrant
  Warrant - authority to arrest a person or produce evidence
• in certain circumstances police do not need a warrant to arrest and individual
  These are:
  1. In the process of an indictable offense
  2. To secure evidence
  3. To prevent the continuation of a crime
• All these circumstances are based on reasonable grounds. (cant just be suspicious, factual basis that an offense is committed)
  3 things that take place after arrest
  1. Right after arrest the individual has the right to know the reason for the arrest
  2. The right to legal counsel
  3. The right to test the legality of your detention by writ of habeas corpus

Question 12

search procedures

Answer 12

• To have a successful prosecution you must have sufficient evidence.
• The power of search, either people or places, is an important investigative tool of the police. Because this power is highly intrusive, the search mechanisms utilized by the agents of the state are subject to constitutional safeguards of the charter.
• The police have no inherent right to search. Searches must be conducted under specific statutory authority.
• Sec 8 of the charter guarantees our right to be free from unreasonable search and seizure. Therefore searches cannot be arbitrary.
• There must be a proportionality between the intrusiveness of the search and its purpose.
• To conduct searches police use their authority through a search warrant.
• The warrant states the place and purpose of the search it is signed by a judge or justice of the peace. The criminal code specifies the search must take place between 6am and 9pm that same day unless otherwise authorized.
• The police must carry the warrant to the premises and can use force if necessary to enter

Question 13

trace evidence

Answer 13

Dirt, dust, and residue, even in the minutest quantities.
- The origin of these elements may provide a link between a suspect and a crime.
- The transfer of trace elements such as hair fibers between perpetrator and victim is common in crimes such as homicicle, aggravated assault, and kidnapping.
- Although hair alone cannot positively identify someone, expert analysis may reveal a person’s racial background if the sample contains the root, shaft, and tip.
- Experts can also determine the area of the body from which the hair originated and, if the root is present, the person’s blood type.

Question 14

blood

Answer 14

The evidentiary value of blood is paramount in impaired-driving cases, since the offense of impaired driving is based on the percentage of alcohol in the suspect’s blood.
Blood is also relevant in cases where a suspect’s Mens rea is in issue as a result of the ingestion of intoxicating substances.
Because it is a fluid, blood conforms to the laws that govern the motion and properties of other fluids.
A study of the size and shape of blood drops on a floor can indicate the height from which they fell and thus the location of the wound that produced the drops. The shape of the drop may indicate movement.
An examination of blood spatters on a wall may indicate the force and direction of a blow. It may also indicate how far the victim was from the wall when the wound was inflicted.

Question 15

gunshot residue

Answer 15

When a firearm is discharged, many materials other than the bullet are expelled from the muzzle.
These trace elements are deposited on the hands of the person discharging the gun and are, under certain circumstances, detectable and identifiable.
Hand Wash test: requires the suspect to wash his or her hands in a chemical solution that is then sent to the laboratory for analysis. This test is able to detect substances which may indicate that the suspect has fired a gun recently.
scanning electron microscopy: test provides results that appear to be more accurate and consistent than those of the handwash test. A special utensil containing a gummed substance is held against the skin and then removed. The GSR adheres to the gummed substance, which is then prepared for examination by the scanning electron microscope.

Question 16

DNA

Answer 16

• Laboratory analysis of blood stains, semen, saliva, vaginal secretions, skin, and hair follicles can lead to the identification of an individual through his or her distinctive genetic code.
• When DNA is properly analyzed, it can identify an individual with a certainty exceeding one in several billion.
• Minute samples of human material are sufficient to produce reliable results even when a sample combines two or more substances.

Question 17

pre trial procedures

Answer 17

• appearance notice is given to ensure acussed will appear in court
• only hybrid/ indictable offenses have to give dna
• 1972 Bail Reform Act: those arrested for summary, hybrid, or 553 offenses, must be released asap, unless needed to stay in custody based on reaosnable grounds
• after arrest, police decide to release on appearance notice or recognizance
• indictable 469 offenses must be taken before a justice for a bail hearing within 24 hours
• During the bail hearing the justice decides whether to release the accused pending their trial and the conditions.
• usually acussed is released unless crown can prove they’re a threat or wont appear in court. then the acussed is in custody
• judge can attach conditions to bail. ex) acussed pays money if they dont show, or reports to apolice officer, remain in province, ect

Question 18

burden of proof

Answer 18

In criminal cases the onus of proof lies on the prosecution to prove the accused person’s guilt.
Guilt must be proven beyond reasonable doubt.
The accused is presumed innocent until proven guilty.

Question 19

role of judge and jury

Answer 19

• judge is the trier of the law.
• jury is the trier of the facts.
• The judge rules on the admissibility of evidence, application of legal principles, and defenses.
• The jury makes findings of fact to determine guilt or innocence by applying fact and legal principles given to them by the judge at the conclusion of the trial.
• In criminal cases juries are composed of 12 members chosen by the crown and defense.
• The criminal code allows both the crown and defense to challenge prospective jurors in an attempt to ensure an impartial jury

Question 20

automatism

Answer 20

ex) carbon monoxide poisoning, stroke, pneumonia, hypoglycemia, sleepwalking.
The defenses the supreme court have rejected: epileptic seizures, any psychological effect of a relationship.
In our legal system a criminal act must be voluntary and in general voluntariness equals consciousness, therefore, unconscious acts cannot form the mens rea of a criminal offense.

Question 21

mental disorder

Answer 21

• Before a defendant can stand trial, it must be determined if he or she is ‘fit to stand trial’
• If an accused is fit to stand trial, the defense can argue that the accused is sane to stand trial but was insane when the offense was committed.
• If not fit to stand trial, the accused is placed in an institution until either released at the discretion of the lieutenant governor or is deemed fit to stand trial.
• A person is presumed to be sane until the contrary is proven. If proven at the time of the offense that the accused suffered from mental disorder, the accused must be acquitted.
• When a person is acquitted of an indictable offense by reason of mental disorder the court must order the accused to be placed into detention in a mental institution.
• Sec 16 of the criminal code states that if a person ‘incapable of appreciating the nature and quality of what they are doing’ this signifies a mental disorder.
• Psychopathy and sociopathy are also legal defenses.
• A psychopath is not fully aware of the nature and quality of their acts but can foresee and understand their consequences.
• A sociopath is incapable of feeling guilt for their actions

Question 22

intoxication

Answer 22

The major difference between intoxication automatism and mental disorder is with regard to moral blameworthiness. In most cases intoxication occurs at the hands of the accused, whereas mental disorder and automatism, the element of self control is usually nonexistent. In 1977 the supreme court drew a distinction between specific intent and general intent over crime.
A person acquitted of homicide because he or she is intoxicated may binstead be convicted of manslaughter Therefore, the voluntary consumption of drugs or alcohol provides the reckless conduct sufficient to constitute mens rea for only general intent offenses.

Question 23

mistake of law

Answer 23

There are exceptions such as the ‘Doctrine of the Colour of Right’. This exception occurs because the purpose of criminal law is to punish moral blameworthy conduct.

Question 24

mistake of fact

Answer 24

ex) person wrote a check and realized they didn’t have enough money to cover it. Acting under a mistaken belief.

Question 25

self defense

Answer 25

• This is a justification to commit a criminal act in order to preserve one’s own life or safety.
• Sec 34 of the criminal code states that to rely on this defense: 1. One must be assaulted without having provoked the assault, 2. The force used to repel the assault must not be intended to cause death or serious harm and not be more than necessary to defend oneself.
• If an accused killed or seriously injured their attacker, two additional conditions apply. 1. The defender must have acted under reasonable fear of death or serious injury, 2. The defender must have believed on reasonable grounds that he or she could not otherwise be saved from death or serious injury.
• It is not necessary for you to be physically assaulted before taking self defense measures.
• Under these circumstances a self defense claim would have to show that he or she did not use more force than was necessary to defend themselves.
• When examining if excessive force was used, the courts do not use 20/20 hindsight. They assess the proportionality between the nature and intensity of the original attack and the repelling force that was used.
• This does not mean the accused is free to act unreasonably in repelling an attack. Individual cases take into account the physical stature of the assailant and defender, types of weapons involved, severity and nature of the original attack

Question 26

compulsion/ duress

Answer 26

• It is similar to self defense because it involves excusing otherwise criminal conduct on the basis of an overriding social good.
• Different because the victim of the excused conduct of duress may be often innocent by standards while in self defense cases the victims have acted unlawfully.
• Sec 17 of the criminal code states that the defense of compulsion does not apply for the justification of murder, sexual assault, or abduction.
• The threat involved must be immediate and by a person present at the time of the offense.
• Like self defense, compulsion requires probing the mind of the accused and the accused’s belief must be based on reasonable grounds.

Question 27

most common incomplete crimes

Answer 27

1. Conspiracy an agreement between 2 or more people to commit an act prohibited by law.
2. Counseling/ aiding and abetting - the legal doctrine related to the guilt of someone who aids or abets in the commission of a crime
3. Accessory after the fact - knowing that a person has been a party to an offense, receives comforts or assists that person for the purpose of enabling that person to escape

Question 28

evidence

Answer 28

• The rules of evidence ensure that the fact-finding process is fair and reliable.
• Generally, only relevant evidence is admissible. This is intended to eliminate extraneous evidence and to contribute to the efficiency and rationality of the fact-finding process.
• relevance is a complex concept. It depends on assumptions about what particular pieces of information tend to prove or disprove.
• Evidence given by a witness is usually a verbal description of what the witness knows about an event. - The way in which witnesses describe situations or interpret what they saw, heard, smelled, or felt about an event depends on how each individual assimilates information.
• Each witness uses different mental filters to sort information; these in tum influence perception, memory, and ability to recount.
• Once a witness has told his or her story to the court in examination in chief, the witness is subjected to cross-examination by the opposing lawyer.
• The purpose of the cross examination is usually to challenge a witness’s credibility and the reliability of the evidence. Eventually, the trier of fact determines which facts are ‘true’.