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Law 30 > Unit 2 Part 2 > Flashcards

Unit 2 Part 2 Flashcards

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1
Q

What are the two parts to guilt?

A

Actus reus (the guilty act) and mens rea (the guilty mind).

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2
Q

What does the prosecution have to prove to find someone guilty of a crime?

A

1) That a criminal act occured (actus reus “wrongful act”)

2) Accused intended to comment the crime (mens rea “guilty mind”)

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3
Q

What three things does actus reus include?

A

1) a voluntary action
2) an omission (failure to act)
3) state of being that is prohibited (possession of stolen goods, break-in tools, or being in a gaming house)
* any of these acts have to be voluntary, not forced actions or done by reflex

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4
Q

At a criminal vital, the Crown prosecutor moves foreward in what two stages?

A

1) to prove the accused was the one to commit the crime

2) then try to prove intent or knowledge

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5
Q

What are the three parts to intent (mens rea)?

A

1) meant to do it
2) was reckless
3) and knew or could foresee the results

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6
Q

What are the two kinds of intent?

A

1) general intent: committing a wrongful act with no other ulterior motive (like causing the death of someone in a bar fight)
2) specific intent: committing a wrongful act for the purposes of committing another (like committing assault for the purpose of robbing them)

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7
Q

What are the 6 parts to mens rea?

A

1) intention
2) criminal state of mind
3) willful blindness
4) recklessness
5) criminal negligence
6) knowledge

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8
Q

What is intention? What words do charges often include?

A

The crime must be done with intent or purpose. Charges often include the words “willfully” and “intentionally”.

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9
Q

What is criminal state of mind?

A

The accused may not always tend on the outcome, but they are aware their actions are illegal, meaning they have a “criminal state of mind”
Ex. While stealing something you cause damage to property, so you are guilty of theft and mischief

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10
Q

What is willful blindness?

A

Deliberately closing your mind to possible consequences of your actions or pretending not to know something. I fyouturn around and pretend not to see something but really know what is going on you are demonstrating willful blindness. A reasonable person would be suspicious and ask which is why it counts as “intent”.

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11
Q

What is recklessness?

A

This is a careless disregard for possible results of actions. Consciously taking a.n unjustifiable risk that a reasonable person would not take. Intent does not need to be proven to prove mens rea in this situtation.
Ex. Driving without legally-required prescription eye glasses and causing an accident.

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12
Q

What is criminal negligence?

A

This is different from the civil category or negligence (or tort). This involves a criminal level of negligence where you caused harm unintentionally but it was as a result of the wanton (cruel) and reckless disregard for the lives and safety of others. A reasonable person would not demonstrate such cruelty and recklessness or would have taken precautions to avoid causing harm to another. If a reasonable, objective analysis was made and the act would carry risk of harm, then the person was negligent.
Ex. Leaving a loaded gun around with kids in the area.

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13
Q

What does the Supreme Court fo Canada have to define for criminal negligence?

A

State of mind

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14
Q

What section of the criminal code relates to criminal negligence?

A

S. 291

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15
Q

What is knowledge?

A

Knowledge of certain facts can also provide the necessary mens rea. The Crown does not have to prove there was intent to commit a certain crime, only knowledge of an aspect of the crime.
Ex. The criminal code says knowingly using an outdated or cancelled credit card means guilt of the indictable offence of fraud.

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16
Q

What is motive?

Is motive direct evidence?

A
  • Reason they did something

- Motive is indirect or circumstantial evidence

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17
Q

What is the difference between motive and intent?

A

Motive: the reason they did something
Intent: their state of mind and willingness to break the law.

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18
Q

Does having a motive to commit andpffense establish the guilty mind of the accused?

A

No because motive is not knowledge

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19
Q

During a trial, the crown may try to prove___that is ___or___evidence.

A
  • motive
  • indirect
  • circumstantial
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20
Q

What happens if there is no conclusive evidence to prove the offence but the prosecutor can prove motive?

A

A guilty verdict may be given

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21
Q

Which is more important to prove, intent or motive?

A

Intent

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22
Q

What is attempt?

A

Even if the illegal act Gail’s, the accused may still be guilty of a criminal offence.

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23
Q

What does proving attempt mean?

A

There was the intent to commit an offence

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24
Q

Where does the actus reus for an attempt begin? Who decides when the preparation stage ends and the attempt stage begins?

A

It begins with the first step toward committing a crime. The judge decides when the preparation stage ends and the attempt stage begins.

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25
Q

What happens if a prosecutor cannot prove an offence was committed but can prove an attempt was made?

A

The accused can be charged with attempt.

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26
Q

What happens if the accused is only charged with attempt but it can be proven the offence occured?

A

The judge may order the accused to be charged with the attempt itself.

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27
Q

What is an example of attempt with the offence of trafficking drugs?
Preparation:
Attempt:

A

Preparation: buying balloons, buying a plane ticket, getting milk to coat you stomach, buying a laxative to retrieve the drugs, even swallowing the drug-filled balloons.
Attempt: attempt begins as she steps onto the plane (attempted crime of importation)
If she is arrested only after swallowing, she oculd be charged with possession
.
If the plane had not yet departed, she could be charged with attempted importation.

28
Q

What is conspiracy?

A

An agreement between two or more people to commit a crime. All people involved must be serious in their intention to commit the crime and follow through–not just be joking.
Ex. Planning to break into someone’s house to steal credit cards. Even if they do not carry it out, they have agreed to conspire to commit the offence.

29
Q

What is aiding?

A

Helping someone commit a rime(makes you guilty of aiding in the crime)

30
Q

What is abetting?

A

GIving counsel, advice, or encouraging someone to commit a crime (to incite, instigate, or urge someone to commit a crime)

31
Q

To be convicted for aiding or abetting, you use truly believe what?

A

That the person intended to commit the offence.

32
Q

Are onlookers guilty by watching an offence?

A

No

33
Q

If an onlooker watches an offence and urges or incites the crime, are they guilty?

A

Yes

34
Q

What is accessory after the fact?

A

Knowingly helping someone escape or hide themselves or evidence after a crime. Ex. Proving clothing, food, shelter is an offence.

35
Q

What is organized crime?

A

A group equals 3 or more people sharing a common identity. If that group begins to define itself by opposing authority and engage in criminal activity it becomes a criminal organization.
Ex. Hells Angels

36
Q

What are some crimes the Hells Angels are involved with?

A
  • drugs (ecstasy, srystal meth, marijuana)
  • product counterfeiting, money laundering
  • use youth gangs
  • fraud- internet
  • prostitution
37
Q

What are some situations that leave people vulnerable to falling into organized crime?

A
  • alienation (minority)
  • poverty
  • poor education
  • lack of opportunity
38
Q

Who pays for the court system of Canada?

A

Tax payers

39
Q

What did the British Morth America Act of 1867 give the federal government power to do?

A

Make criminal law and set the procedures for it

40
Q

Who is jurisdiction divided between to carry out and uphold the Criminal Code?

A

The federal and provincial governments

41
Q

Provinces control the administration of justice through

  • ?
  • ?
  • ?
A
  • provincial courts
  • courthouses (upkeep, maintenance)
  • staffing
42
Q

What are the five levels of court in Canada?

A

1) Provincial Court: Criminal Division
2) Provincial Superior Court: Appeals Division and Trial divisions
3) Provincial Court of Appeal
4) Federal Court
- Federal Court
- Federal court of Appeals
5) Supreme Court of Canada

43
Q

What is Provincial Court: Criminal Division?

A

Provincial Courts the “lower” or “inferior” trial court. Cases are heard, not appealed.

44
Q

How many provincial courts are there in Saskatchewan?

A

13

45
Q

What is usually done/heard at Provincial Court: Criminal Division?

A
  • Finding facts, witness testimony, introduction of evidence.
  • Arraigned accused (charges read/plea entered) for all criminal cases
  • Preliminary hearings for severe indictable offences–actual case tried in higher court
  • Hears/tries summary conviction cases and the least serious of indictable offences (hybrid)
46
Q

Who are things heard by in Provincial Court: Criminal Division? What is the proper way to refer to these people?

A
  • judges only

- “Your Honour”

47
Q

How many Provincial Superior courts are in Saskatchewan

A

12

48
Q

What does the Provincial Superior Court hear?

A

Criminal and civil cases, including Family Law division. More severe cases tried (manslaughter, sexual assaults, murder) aka indictable offences.

49
Q

What does the Provincial Superior Court set?

A

Provincial precedent: all other provincials decisions must follow.

50
Q

Who hears and decides on cases in the Provincial Superior Court? What are they referred to?

A

Judge or judge/jury

Referred to as “My Lord”

51
Q

What is the highest court in Province? Is this the final court of appeal?

A

Provincial Court of Appeal. Yes, this is the final court of appeal.

52
Q

How many judges hear cases in the Provincial Court of Appeal?

A

Heard by 3+ judges, unanimous or majority vote

53
Q

Explain decisions in the Provincial Court of Appeal?

A

Decision released includes explanations. Dissenting judges explain reasons.

54
Q

Who does the Provincial Court of Appeal hear appeals from?

A

Provincial Superior Court Trial Division

55
Q

How many judges hear appeals in the Provincial Court of Appeal?

A

3-5

56
Q

What does the federal court hear?

A

-legal disputes with federal government

57
Q

What does the first court of federal court (federal court) hear?

A
  • jurisdiction with federal government boards, tribunals, commissions, etc.
  • includes cases involving immigration, citizenship, intellectual property.
58
Q

What does the federal court of appeals hear?

A

-hears appeals of decisions by federal court

59
Q

Who are appeals from the federal court of appeals made to?

A

The Supreme Court of Canada

60
Q

Where is the federal court located?

A

Ottawa

61
Q

Does everyone have the right to appeal to the Supreme Court of Canada? What kinds of cases do they hear?

A
  • Not everyone has the right
  • They only chose cases of great importance nationally
    • If it’s a question of law or its interpretation/violation of Charter Rights, etc.
62
Q

When do you have the automatic right of appeal?

A

In split decision cases from Provincial Court of Appeal.

63
Q

The decisions made the the Supreme Court of Canada can be___or___. Who has to release their reasons for their decision?

A
  • unanimous
  • split
  • the dissenting judge has to release the decision
64
Q

What does the Supreme Court of Canada have full jurisdiction over?

A

Criminal matters.

65
Q

Who does the Supreme Court of Canada hear appeals from?

A
  • Provincial Court of Appeals

- Federal Court of Appeals

66
Q

What kind of precedent does the Supreme Court set?

A

National precedent for all of Canada with decisions

67
Q

How many Supreme Court of Canada judges are there? How long do they serve until?

A
  • 9 judges

- can only serve until the age of 75

Law 30 (12 decks)

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