Unit 3 - Criminal Law (Part I) Flashcards
What is a set of rules designed to prohibit and punish acts that injure individuals as well as society as a whole
Criminal Law
The punishments for criminal acts can be divided into three general areas of lawmaking, what are these areas?
Protection of People, property and moral norms of society
What is the statement we typically say about the ignorance of the law?
“You ought to have known”
This identifies acts that are considered to be criminal offences and sets out the various punishments and procedures to be followed.
Criminal Code of Canada
What are the four conditions that must exist for an act or omission to be considered a crime?
- the act is considered wrong by society,
- the act causes harm to society in general or those in need of protection,
- the harm is serious, and
- the remedy must be handled by the criminal justice system.
What are the elements of a crime?
Actus Reus (The Guilty Act) + Mens Rea (The Guilty Mind) = Crime
What are the three types of Actus Reus
- Voluntary Act
- Omission
- State of Being
A person meant to do something wrong, and didn’t regard the consequences is known as
Intent
What are the two types of intent?
- General Intent - the desire to commit a wrongful act, with no ulterior motives/purpose
- Specific Intent - the desire to commit one wrongful act for the sake of accomplishing another
Showing that accused had knowledge of the crime/certain facts is known as this type of mens rea
Knowledge
Failing to take precautions that a ‘reasonable’ person would to avoid harming others is known as this type of mens rea
Criminal Negligence
Consciously taking an unjustifiable risk that a reasonable person would not is known as this type of mens rea
Recklessnes
This type of mens rea tries to deliberately close your mind to the possible consequences of your actions
Willful Blindeness
The person who actually commits the crime is known as:
Perpetrator(s)
A criminal offence that involves helping a perpetrator commit a crime is known as
Aiding
Encouraging the perpetrator without actually providing physical assistance is known as
Abetting
This Involves advising, recommending, or persuading another person to commit an offence.
Counselling
Someone knowingly receives, comforts, or assists a perpetrator in escaping from police is known as
Accessory after the Fact
This is the shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit
Party to a Common Intention
A minor offence that carries a light penalty is known as this type of offence
Summary Offences
Serious crimes that carry a heavy penalty is known as this type of offence
Indictable Offences
The Crown decides to try an offence as either a Summary Conviction or Indictable in this type of offence
Hybrid Offence
These are wrongful acts that the State recognizes as deserving of control and punishment in the interests of society as a whole
Crime
location where the crime took place is called
Crime Scene
What are the three things an officer has to perform when they arrive at a crime scene
- Call an ambulance and assist any injured people
- Call in reinforcements
- Search the crime scene
What are the two boundaries in a crime scene
- Centre - area where the crime was actually committed
2. Perimeter - surrounding areas where the offender may have been or left evidence
When investigators are at the scene, they record everything using this:
A police log book/ police card
What are the four type of officers at a crime scene
- Patrol Officer
- Scene of Crime Officer
- Criminal Identification Officer
- Criminal Investigations Bureau Officer (Detective)
Any any object, impression, or body element that can be used to prove or disprove facts relating to a case is called
Physical Evidence
Tools most often used in crimes are
Crowbars, Hammers and screwdrivers
What are the two types of fingerprints located at a crime scene
- Visible Fingerprints
2. Latent Fingerprints
What is the most common form of fluid found at a crime scene?
blood
The witnesses written record of all the people who had control over the items of evidence is known as
Chain of Custody
What is the best type of evidence to use in a court to convict guilt?
DNA
What are the 4 steps for an officer to arrest someone?
- ID themselves as an officer
- Advise the accused that they are under arrest
- Inform the accused of the charge and show the arrest warrant
- Touch the accused to indicate they are in legal custody
A set of facts or circumstances which would satisfy an ordinarily cautious and prudent person that there is reason to believe and which goes beyond mere suspicion that someone committed a crime is known as
Reasonable Grounds
An arrest without a warrant, made by a person who is not a police officer is known as
Citizens Arrest
The three types of arrest are:
- Arrest with a Warrant
- Arrest without a Warrant
- Citizens Arrest
Instead of being arrested, suspects may be detained (confined) to answer questions. This is known as
Detention
What are the five tasks officers perform in society?
- Crime Prevention
- Investigations:
- Traffic Safety:
- Maintaining Order:
- Responding to Emergencies
