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