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Law 30 > Unit 2 Part 1 > Flashcards

Unit 2 Part 1 Flashcards

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1
Q

What are the four conditions that need to be met in order for something to be considered a crime?

A
  1. The action must be considered to be immoral.
  2. The society must cause harm to society/individual harm.
  3. The harm caused must be serious.
  4. The person must be punished by the criminal justice system.
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2
Q

___and___dictate what is considered illegal and the penalties change over time.

A

Morals and society

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3
Q

What is the difference between an illegal act and a criminal act?

A

A criminal act is an offence described in the criminal code and federally/provincially regulated. (Ex. Murder, theft, assault, drug possession).
An illegal act is an offence not described in the Criminal Code (still breaking the law, but not a Criminal Code law? (Ex. Speeding, drinking in public, selling to a minor).

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4
Q

What are some more examples of an illegal act? What do you receive for committing an illegal act?

A
  • ticket

- selling cigarettes to minors, speeding, drinking in public, cutting down trees in parks

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5
Q

What are some more examples of a criminal act? What do you receive for committing a criminal act?

A
  • jail or penitentiary time

- theft over $5000, assult, marijuana possession, kidnapping

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6
Q

Who are laws created by?

A

Both the federal and provincial gov’ts

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7
Q

Who creates/Amanda the Criminal Code of Canada and who regulates and upholds these laws?

A
  • the federal gov’t

- the RCMP

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8
Q

What kind of laws can the provinces create/amend? Who upholds these laws?

A
  • the laws for their provinces, such as traffic laws

- the RCMP

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9
Q

Who makes municipal laws and who upholds these laws?

A
  • made by cities and towns

- upheld by the RCMP

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10
Q

What is the only real fairness in the Canadian Justice System?

A

Procedural fairness, meaning an accused is treated justly by police, courts, etc.

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11
Q

WHat do principles in procedural fairness include?

A

Fairness: trial process has to be impartial to the accused and it has to follow precedent.
Efficiency: timely court process
Clarity: accused has to understand charges against and the process
Restraint: officers of the court have to show restraint (police, prosecutors, jail guards)
Accountability: gov’t officials accountable for actions
Participation: accused has to be allowed to contribute to defense/public trial
Protection: from harm by officials

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12
Q

What are the seven clear purposes for why we have certain laws in Canada (the purpose of criminal law)?

A
  1. Protect people from harm
  2. Enforce moral standards of Canadians
  3. Maintain order in society
  4. Protect property
  5. Provide retribution (pay back to balance justice) consequences for crimes
  6. Provide rehabilitation (help criminals and reintegrate them)
  7. Deter people from committing crimes
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13
Q

What are the two things that he criminal code of Canada does?

A

1) describes the offences

2) sets the penalty

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14
Q

What are the penalties for breaking the criminal code?

A

Fine, community service, or imprisonment

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15
Q

Is the criminal code the same across Canada?

A

Yes

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16
Q

Who can amend the criminal code?

A

The federal government

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17
Q

Who makes decisions that influences the parliaments decisions about the Criminal Code?

A

The Supremem Court of Canada

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18
Q

What is the power to make federal law given by?

A

The Constitution Act of 1982 (section 91)

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19
Q

Can or cannot criminal law infringe on Charter rights (legal rights)

A

It cannot

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20
Q

What does criminal code involve (who vs who)?

A

Government of Canada against the individual accused

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21
Q

What conditions must exist for an action to be a crime?

A

1) Actions or behavior of the person must be considered immoral by most Canadians.
2) Action must cause harm to society/individual victims.
3) The harm caused must be serious.
4) The person must be punished by the criminal justice system.

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22
Q

What influences the government when it decides what behaviours to criminalize, decriminalize, or legalize?

A

1) Criminalize- when new actions threaten individuals or when social values change. Ex. Online suicide counselling.
2) Decriminalize- removing an action from the criminal code. No longer considered to be a threat to society as values have changed. Ex. Homosexuality, suicide.

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23
Q

When the government decides that crimes are to be added, deleted, or changed in the Criminal Code, why is it important to have a free and open debate about the proposed changes?

A

Democratic country, majority vote, open debate, freedom of expression.

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24
Q

What is the balance of limits, duty, and rights?

A

Limit- we cannot do things in order to protect society.
Duty- follows the rules/do what we are obligated to do.
Right- right to our own beliefs without eing bullied

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25
Q

What is the conflict between individual rights and the rights of society?

A

In the legal system of Canada, there is an attempt to balance society’s needs with the needs of individuals. At times, though, the individual suffers because the “good of Soceity” is of more importance.

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26
Q

What are two aspects of the Charter that Sue Rodriguez felt were violated by assisted suicide being illegal?

A

1) To be denied the assistance she needed to end her pain, she felt was “cruel and unusual treatment”. (Charter of Rigts: Section 12).
2) She cannot take her own life because of her disability (Equality). (Charter of Rights: Section 15).

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27
Q

Compare the needs of society vs the needs of sue with assisted suicide.

A

Needs of Society:
-protect vulnerable groups in society including: innocent, mentally ill, disabled
-protect abuse of legal right to assist: could lead to abuses of the right, could mean pressure for disabled people to die to make room for others/not be a financial burden.
Needs of Sue:
-she wants the same freedoms as others in Canada who have the physical ability to end their suffering
-law discriminates against disabled- deny her a “right of choice” all able-bodied Canadians have.
-cannot deny assistance (to disabled) on the rational that the legal system is protecting other vulnerable groups

28
Q

Describe the arguments for and against prostitution giving three points for each side.

A

For Legalization: become a regulated profession, there would then be checks on the facilities and upkeep regulated wages and hours, health requirements/check ups
Against Legalization: organized crime control much of prostitution, unhealthy lifestyle (physically unhealthy), even if legalized, illegal prostitution will still increase (unprotected by regulations and safeguards)

29
Q

What is the difference between decriminalizing and legalizing?

A

Decriminalizing does not mean that people can do the formerly illegal act with lack of punishment or freedom of consequence of the action, it simply means, using drugs as an example, that possessing small amounts will no longer land the perpetrator with a criminal record or jail sentence.

30
Q

What are some examples of Charter Rights being violated but in a justifiable way?

A

1) Freedom of expression –> hate crime
2) Security of person –> assisted suicide
3) Lifestyle choice/control of body –> drug use
4) Freedom of expression –> obscene images
5) Presumption of innocence –> possession of drugs (trafficking)
6) Freedom of religion –> polygamy

31
Q

What are the three types of criminal charges (depending on the severity of the crime)?

A

1) Summary Conviction Offences: less serious
2) Indictable Offences: more serious
3) Hybrid Offences: may be treated as either Summary Conviction or Indictable

32
Q

What is a summary conviction offence used for?

A

Minor criminal offences

33
Q

If someone is arrested for a summary conviction offence what happens first (step one) with the police?

A

They are arrested and charged

34
Q

What is the maximum penalty for most summary conviction offences under the Criminal Code?

A

$2000 and/or 6 months in jail

35
Q

What are some examples of Summary Conviction Offences (list 3)?

A
  • harassment
  • public disturbance
  • public nudity
  • taking a vehicle without owner’s consent
  • possession of an amount of marijuana
  • communication for the purposes of obtaining the sexual services of a prostitute
36
Q

For a summary conviction offence, what is the time limit for charges to be made?

A

Have to be made within 6 months of the offence or they can never be charged.

37
Q

In a summary conviction offence, the evidence is heard in which court by which judge? What happens then?

A

The evidence is heard by a Provincial Court Judge and a verdict is given.

38
Q

In a summary conviction offence, what can the accused choose to do with their lawyer?

A

They may choose to be represented by their lawyer and not appear in court.

39
Q

Can you be fingerprinted for a Summary Offence? What can you apply for five years after the verdict?

A
  • you cannot be fingerprinted

- you can apply for a pardon

40
Q

What are indictable offences?

A

Serious crimes with more serious penalties

41
Q

What sets the different maximum and minimum penalties for each offence (indictable offences)?

A

The Criminal Code

42
Q

What are some examples of indictable offences (list 3)?

A
  • manslaughter
  • robbery
  • breaking and entering
  • murder
43
Q

Who sets the verdict in an indictable offence?

A

The trail judge

44
Q

Is there a time limit for laying charges in an indictable offence?

A

There is no Statute of LImitations (time limit) for laying charges.

45
Q

In an indictable offence, can the accused choose not to appear in court and be represented by their lawyer alone?

A

The accused loses the right for counsel to appear on their behalf; they must appear before the judge personally.

46
Q

  • -
A
  • Provincial court judge (alone)
  • Superior court judge (alone)
  • Higher court judge and jury
47
Q

What are the three divisions of indictable offences?

A

1) Section 553 Criminal Code (less serious offences)
2) Section 561 Criminal Code (moderately serious offences)
3) Section 469 (most serious types of offences)

48
Q

Who are the level 1 types of indictable offences heard by?

A

Provincial Court judge alone

49
Q

What is the max penalty for level 1 indictable offences/

A

Maximum penalty of 2 years imprisonment

50
Q

What are some examples of level 1 indictable offences?

A
  • breach of recognizance
  • theft under $5000
  • failure to comply with probation order
51
Q

Who can the accused choose to be heard by in level 2 indictable offences?

A
  • case heard in provincial court or superior court

- whether or not it is heard by a judge/jury or both

52
Q

What is the max penalty for moderately serious indictable offences (level 2)? What are the sentences usually between?

A
  • max penalty of 14 years

- sentences usually between 5-10 years

53
Q

What are some examples of level 2 indictable offences?

A
  • sexual assault with a weapon
  • fraud over $5000
  • theft over $5000
  • arson
  • robbery
54
Q

Where are level 3 (most serious) indictable offences always tried?

A
  • in superior court (of province)

- by a judge and jury

55
Q

What is the max penalty for level 3 indictable offences?

A

penalty of life imprisonment (25 years)

56
Q

What are some examples of level 3 indictable offences?

A
  • 1st, 2nd degree murder
  • manslaughter
  • hijacking
  • kidnapping
57
Q

Arrest in summary conviction vs indictable?

A

SC: police can arrest
Indic: police can arrest if the witness an indictable offence occurring or have a warrant

58
Q

Ground of arrest in summary conviction vs indictable?

A

SC: police must observe the offence being committed
Indic: police need “reasonable and probable grounds”

59
Q

Charge time in summary conviction vs indictable?

A

SC: accused has to be charged within 6 months
Indic: no time limit to the charges being laid (exception: a charge of treason must be laid within 3 years of offence)

60
Q

Trial in summary conviction vs indictable?

A

SC: tried by judge alone
Indic: have a partial choice of being tried by judge/jury or both

61
Q

Pardon in summary conviction vs indictable?

A

SC: can apply for a pardon after 3 years of sentence completion
Indic: can apply for a pardon after 5 years of sentence completion

62
Q

What is a hybrid offence?

A

Most offences are hybrid offences–they can be either summary conviction or indictable offences (they proceed as indictable, by default, unless decided otherwise).

63
Q

With a hybrid offence, who decides whether to proceed as a more or less serious offence?

A

The crown attorney (prosecutor) decides.

64
Q

What is the decision to proceed as a more or less serious with a hybrid offence based on?

A

Any prior convictions of the accused, how long ago the offence occured, and whether a lesser punishment is warranted.

65
Q

What are some examples of hybrid offences?

A
  • impaired driving
  • assault
  • public mischief
  • theft under $5000
66
Q

What does the maximum penalties for hybrid offences vary from?

A

2-10 years imprisonment

67
Q

What are the two ways the prosecution can proceed with a hybrid case?

A
  1. Proceed Summarily: proceed as a Summary Conviction Offence
  2. Proceed by Indictment: proceed as an Indictable Offence

Law 30 (12 decks)

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