Unit 3: Criminal law

Question 1

How is a crime committed?

Answer 1

For a crime to be committed two things must happen:

1) Actus Reus (act that breaks the law)
2) Men’s Rea (intent to commit the crime)

Question 2

What is crime?

Answer 2

A crime is any act/omission of an act that’s prohibited and punishable by federal statute. (A wrong against society)

Question 3

True or false:

In a crime it’s the gov’t who prosecutes the accused criminal

Answer 3

True

Question 4

Four conditions must exist for an act to be considered a crime. They are:

Answer 4

1) the act is considered wrong by society
2) the act causes harm to society
3) the harm must be serious
4) the remedy must be handled by the criminal justice system

Question 5

What is criminal law?

Answer 5

The body of laws that prohibit and punish acts that injure individual people, property, and the entire community.

Question 6

Explain the difference between general and specific intent

Answer 6

General: person commits the a wrongful act for its own sake and not with ulterior motives. I.e. Hitting someone in anger

Specific: person commits one crime with the intent of accomplishing another. I.e. Hitting someone in order to steal from them

Question 7

True or false: the perpetrator is the victim of a crime

Answer 7

False it’s the person who committed the crime

Question 8

Explain the role of Abetting

Answer 8

Abetting is encouraging the perpetrator to commit a crime

Question 9

Explain the role of Accessory After the Fact

Answer 9

Someone who knowing,y receives, comforts or assists a perpetrator escape from police.

Question 10

What is the provincial gov’t responsible for?

Answer 10

Conducting preliminary hearings to determine whether or not their if sufficient evidence to put the accused on trial. They also try for both summary and certain indictable offences.

Question 11

What is the federal gov’t system responsible for?

Answer 11

The federal court: hears cases involving the federal gov’t

The Supreme Court: highest appeals court; deals with constitutional questions referred to it by the fed gov’t

Question 12

Describe the role of a judge in a trial

Answer 12

The judge makes decisions on the admissibility of evidence, controls the events in the courtroom, and interprets the law depending on the case.

Question 13

Describe the role of the defense in a trial

Answer 13

The defense counsel is the lawyer who represents the interests of the accused.

Question 14

Describe the role of the prosecution/crown attorney in a trial

Answer 14

The lawyer representing the governments interests in investigating and punishing criminal offences to ensure society’s safety.

Question 15

Describe the role of witnesses in a trial

Answer 15

Witnesses give evidence, under oath, concerning their knowledge of the circumstances of the crime.

Question 16

What is perjury?

Answer 16

Perjury is when a witnesses makes false statements under oath. This is a indictable offence and can result in the witness going to jail for a max of 14 yrs.

Question 17

What are the rights of an individual that’s arrested?

Answer 17

They have the right to…

• legal counsel
• remain silent
• be informed of the reason for arrest

Question 18

What 4 steps must the police take when arresting?

Answer 18

1) identify himself/herself as an officer
2) advise the accused that he/she is under arrest
3) inform the accused promptly of the charge and show the arrest warrant if needed
4) touch the accused to indicate that he/she is in legal custody

Question 19

What types of evidence can be used for trial?

Answer 19

Fingerprints, impressions, gloves, show prints, body elements and DNA.

Question 20

Explain the 3 levels of offences

Answer 20

Summary: lowest conviction; less than 2 years; provincial prison
Indictable: highest conviction; over 2 years; federal prison
Hybrid: seriousness varies depending on the circumstances of the offence i.e. Sexual assault

Question 21

List some offences against a person and their max punishments

Answer 21

1st degree murder: killing someone with intent; life inprisonment
2nd degree murder: life inprisonment
Infanticide: mother killing their child; 5 years
Manslaughter: unintentional culpable killing; 4 years

Question 22

What are the 3 levels of assault offences? What are the punishments?

Answer 22

L1: hybrid crime; summary/indictable; 5 yrs
L2: assault with a weapon/causing bodily harm; 10 yrs
L3: aggravated assault/permanent damage; 14 yrs

Question 23

What are the 3 motor vehicle offences? What are their punishments?

Answer 23

• Dangerous operation of a motor vehicle without harming someone; 5 yrs. harming someone; 10 yrs
• failure to stop at the scene of an accident; 5 yrs
• impaired driving; 10 yrs

Question 24

What are the three types of drug offences? What are their punishments?

Answer 24

Possession: vary according to type of drug and priors
Trafficking: selling, giving, administering,transporting, etc. ; vary depending on substance
Money laundering: transferring money/property to conceal its illegal origin; indictable: life, summary; $2000 fine/6 months prison

Question 25

True or false: Canada uses consecutive sentences

Answer 25

False: we use concurrent (the highest sentence of all the charges is the only sentence served)

Question 26

What are 2 restorative justice programs that can be used as sentences?

Answer 26

Victim-offender Mediation: a meeting b/t the two sides,p no a mediator to determine restitution
Aboriginal sentencing circles: offender + family, victim +family, Tribe elders, police and judge meet to begin healing process

Question 27

When are prisoners reviewed for parole?

Answer 27

Once 1/3 of their sentence has been served. (Parole is an inmates release on the promise of good behaviour)

Question 28

What are pardons?

Answer 28

Pardons are the setting aside of a person’s record of conviction