Short Answers Flashcards
Explain the necessary items that the Crown must prove in order to convict someone of a crime.
On test
The Crown must prove beyond a reasonable doubt that the accused committed the crime (Actus Reus). They must also prove the accused had knowledgeable intent (mens rea).
Explain if the actus reus and mens rea appear to be present for the following situations.
While Andrew, a six year old, played with his father’s rifle, he killed his friend Tim.
Actus Reus is present. He fired the gun.
Mens Rea is not present as he is not considered old enough to form criminal intent.
Explain if the actus reus and mens rea appear to be present for the following situations.
Chris continuously insulted Matt and he could no longer tolerate it. So Matt shot Chris.
Actus Reus is present. He shot Chris.
Mens Rea is present as he intentionally and knowingly shot Chris.
Explain if the actus reus and mens rea appear to be present for the following situations.
As Brittney cleaned her rifle, Samantha walked into the room, and the gun accidentally went off, killing Samantha.
Actus Reus is present as her actions caused the gun to discharge.
Mens Rea is present as the action of cleaning a loaded gun could be considered reckless.
Explain if the actus reus and mens rea appear to be present for the following situations.
Amanda, who escaped from a mental health hospital, shot and killed her husband.
Actus Reus is present as Amanda carried out the act of killing her husband.
Mens Rea may not be present as she suffered from mental illness and may not have understood her actions or the consequences of them.
Explain the difference between aiding a crime and abetting a crime.
Aiding - to assist the principal offender in committing a crime
Abetting - to encourage someone to commit to a crime
Describe the difference between the centre and perimeter of a crime scene.
Centre – the area where the offence was committed
Perimeter – the surrounding areas where the offender may have been present or may have left evidence (e.g. entry and escape routes)
Explain 3 reasons why crime scenes are preserved. Also explain what it means for evidence to become contaminated.
Three reasons to preserve crime scenes
a) to allow a thorough search of the scene
b) to seize and collect physical evidence
c) to ensure physical evidence is admissible in court
Contaminated evidence is evidence that has been lost, destroyed or altered. It may not be admissible in court.
Explain 3 processes that occur after an individual has been arrested for a crime.
-read rights
-photographed
-fingerprinted
-arraignment
-bail hearing
What is homicide? Describe the difference between culpable and non-culpable homicide.
Homicide – taking of another person’s life
Culpable – criminal blame can be assessed e.g. Murder, Infanticide,
Manslaughter
Non-Culpable – blameless (no criminal blame) e.g. self-defence or accident
Explain the difference between 1st degree and 2nd degree murder.
First Degree - planned and deliberate
- killing of a peace officer
- murder occurred during another indictable offence
- any act of terrorism
Second Degree - all other murders that don’t classify as 1st degree
in the heat of the moment, crime of passion, intent to kill but it was not premeditated
What is Infanticide? Explain.
Infanticide - killing of a newborn by the mother with a disturbed mind
What is accessory after the fact? Explain.
Accessory After the Fact - someone who, after a crime is committed and knowing that it was, receives, comforts, or helps the criminal so that he or she can escape
Explain the difference between a Summary Offence and an Indictable Offence. What is a Hybrid Offence?
Summary Offence – an offence against society considered less
serious e.g. defacing currency
Indictable Offence - a serious offence against society e.g. murder, aggravated assault
Hybrid - an offence that may be pursued as a summary or indictable offence, this is decided by the prosecution
Describe 3 options an officer has when they believe an offence has been committed by an individual. How much force can an officer use when making an arrest?
- issue an appearance notice
- arrest the suspect
- obtain a warrant for arrest
An officer may use the amount of force that is considered to be necessary and reasonable.
What is sexual assault? Explain the 3 levels that exist in Canada.
Sexual Assault – form of assault involving any form of unwanted
sexual activity
Level One - violates the victim’s sexual integrity
- minor or no physical injuries
- max. 10 year penalty
Level Two - involves sexual assault with a weapon causing bodily harm to the victim
max. 14 year penalty
Level Three - aggravated sexual assault involving serious
physical injuries
- max. life imprisonment
Define Manslaughter.
Manslaughter - killing another person by committing an unlawful
act with only general intent, intent to harm that unfortunately caused death
Describe the 3 levels of assault that exist in Canada.
Canadian law defines assault in 3 categories. First describe 2 common elements that are part of each level of assault. Lastly, explain each level of assault.
Common elements of assault - intent to carry out attack
and cause harm
- no consent of victim
Level 1 – Assault (5 years) - applying intentional force to another person - attempting or threatening, by act or gesture, to apply force against someone - approaching or blocking the way of another person Level 2 – Assault Causing Bodily Harm (10 years) - physical attack with a weapon - causes bodily harm in more that a fleeting, trifling way Level 3 – Aggravated Assault (14 years) - assault causing severe physical injuries
Explain what forensic science is and describe three types of evidence that they investigate.
Forensic Science - the use of biochemical and other scientific techniques to analyze evidence in a criminal investigation.
Types of Evidence - DNA Fingerprints Trace Evidence Weapons
Explain what a pathologist does.
Pathologist – a medical doctor that studies the cause and time of death for diagnostic and forensic purposes.
Describe how algor mortis, rigor mortis and livor mortis are used by forensic investigators.
Algor Mortis – the cooling of the body after death (temperature can be used to help determine time of death).
Rigor Mortis – a chemical reaction after death causes rigidity of the body (how far progressed rigor mortis is, can be used to help determine time of death). Livor Mortis – the pooling of blood after death based on gravity (can be used to determine an item such as if a body has been moved after death).
Describe 3 levels of policing in Canada and what each is generally responsible for.
Municipal Police – jurisdiction of policing in towns and cities (e.g. Waterloo Regional Police). Responsibilities include preserving the peace, preventing crimes, assisting victims, laying charges…
Provincial Police – jurisdiction in rural areas, some regions around cities and major highways (e.g. Ontario Provincial Police). Responsibilities include special assistance to municipalities, investigative services and traffic control on highways. Federal Police – Act as provincial and municipal police in some areas and provide protective services to the federal government. Responsibilities include border integrity, drugs and organized crime and international policing.
Explain the difference between being arrested and being detained.
Detention - Temporarily depriving one of their liberty for questioning due to suspicion that an individual has been involved in something unlawful.
Arrest – Depriving someone of their liberty due to reasonable grounds to believe that they have been involved in an unlawful activity and will face charges.
Describe 5 items that are believed to sometimes lead to wrongful convictions.
- unreliable eyewitness testimony
- police tunnel vision
- bad science
- false confessions
- bad lawyering
