Unit 3 - Criminal Law (Part I) Flashcards

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1
Q

What is a set of rules designed to prohibit and punish acts that injure individuals as well as society as a whole

A

Criminal Law

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2
Q

The punishments for criminal acts can be divided into three general areas of lawmaking, what are these areas?

A

Protection of People, property and moral norms of society

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3
Q

What is the statement we typically say about the ignorance of the law?

A

“You ought to have known”

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4
Q

This identifies acts that are considered to be criminal offences and sets out the various punishments and procedures to be followed.

A

Criminal Code of Canada

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5
Q

What are the four conditions that must exist for an act or omission to be considered a crime?

A
  1. the act is considered wrong by society,
  2. the act causes harm to society in general or those in need of protection,
  3. the harm is serious, and
  4. the remedy must be handled by the criminal justice system.
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6
Q

What are the elements of a crime?

A

Actus Reus (The Guilty Act) + Mens Rea (The Guilty Mind) = Crime

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7
Q

What are the three types of Actus Reus

A
  1. Voluntary Act
  2. Omission
  3. State of Being
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8
Q

A person meant to do something wrong, and didn’t regard the consequences is known as

A

Intent

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9
Q

What are the two types of intent?

A
  1. General Intent - the desire to commit a wrongful act, with no ulterior motives/purpose
  2. Specific Intent - the desire to commit one wrongful act for the sake of accomplishing another
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10
Q

Showing that accused had knowledge of the crime/certain facts is known as this type of mens rea

A

Knowledge

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11
Q

Failing to take precautions that a ‘reasonable’ person would to avoid harming others is known as this type of mens rea

A

Criminal Negligence

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12
Q

Consciously taking an unjustifiable risk that a reasonable person would not is known as this type of mens rea

A

Recklessnes

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13
Q

This type of mens rea tries to deliberately close your mind to the possible consequences of your actions

A

Willful Blindeness

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14
Q

The person who actually commits the crime is known as:

A

Perpetrator(s)

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15
Q

A criminal offence that involves helping a perpetrator commit a crime is known as

A

Aiding

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16
Q

Encouraging the perpetrator without actually providing physical assistance is known as

A

Abetting

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17
Q

This Involves advising, recommending, or persuading another person to commit an offence.

A

Counselling

18
Q

Someone knowingly receives, comforts, or assists a perpetrator in escaping from police is known as

A

Accessory after the Fact

19
Q

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

A

Party to a Common Intention

20
Q

A minor offence that carries a light penalty is known as this type of offence

A

Summary Offences

21
Q

Serious crimes that carry a heavy penalty is known as this type of offence

A

Indictable Offences

22
Q

The Crown decides to try an offence as either a Summary Conviction or Indictable in this type of offence

A

Hybrid Offence

23
Q

These are wrongful acts that the State recognizes as deserving of control and punishment in the interests of society as a whole

A

Crime

24
Q

location where the crime took place is called

A

Crime Scene

25
Q

What are the three things an officer has to perform when they arrive at a crime scene

A
  1. Call an ambulance and assist any injured people
  2. Call in reinforcements
  3. Search the crime scene
26
Q

What are the two boundaries in a crime scene

A
  1. Centre - area where the crime was actually committed

2. Perimeter - surrounding areas where the offender may have been or left evidence

27
Q

When investigators are at the scene, they record everything using this:

A

A police log book/ police card

28
Q

What are the four type of officers at a crime scene

A
  1. Patrol Officer
  2. Scene of Crime Officer
  3. Criminal Identification Officer
  4. Criminal Investigations Bureau Officer (Detective)
29
Q

Any any object, impression, or body element that can be used to prove or disprove facts relating to a case is called

A

Physical Evidence

30
Q

Tools most often used in crimes are

A

Crowbars, Hammers and screwdrivers

31
Q

What are the two types of fingerprints located at a crime scene

A
  1. Visible Fingerprints

2. Latent Fingerprints

32
Q

What is the most common form of fluid found at a crime scene?

A

blood

33
Q

The witnesses written record of all the people who had control over the items of evidence is known as

A

Chain of Custody

34
Q

What is the best type of evidence to use in a court to convict guilt?

A

DNA

35
Q

What are the 4 steps for an officer to arrest someone?

A
  1. ID themselves as an officer
  2. Advise the accused that they are under arrest
  3. Inform the accused of the charge and show the arrest warrant
  4. Touch the accused to indicate they are in legal custody
36
Q

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

A

Reasonable Grounds

37
Q

An arrest without a warrant, made by a person who is not a police officer is known as

A

Citizens Arrest

38
Q

The three types of arrest are:

A
  1. Arrest with a Warrant
  2. Arrest without a Warrant
  3. Citizens Arrest
39
Q

Instead of being arrested, suspects may be detained (confined) to answer questions. This is known as

A

Detention

40
Q

What are the five tasks officers perform in society?

A
  1. Crime Prevention
  2. Investigations:
  3. Traffic Safety:
  4. Maintaining Order:
  5. Responding to Emergencies