Unit 3: Criminal Law Quiz

Question 1

What is quasi-criminal law?

Answer 1

Quasi-criminal law is laws that are passed by provinces, territories, or municipalities that ressemble the criminal law but are not a part of it. Traffic laws are a example of a quasi criminal law.

Question 2

What is a summary offense?

Answer 2

A summary offense is a minor criminal offenses. People accused can be arrested and summoned to court immediately.

Question 3

What is a indictable offense?

Answer 3

A indictable offense is a more serious crime. They carry more severe penalties. A maximum sentence is set for these offences. (Homicide)

Question 4

What is Manslaughter?

Answer 4

Manslaughter is the causing of death of a human being. Manslaughter requires only general intent, it is not murder.

Question 5

What is infanticide?

Answer 5

Infanticide is the killing of a newborn by his or her mother.

Question 6

What is arson?

Answer 6

Arson is the intentional or reckless causing of damage by fire or explosion to property, whether or not the arsonist owns the property.

Question 7

What is mens rea and actus reus? Give a example of each.

Answer 7

Mena rea is a Latin phrase meaning “guilty mind”. It is the knowledge intent or recklessness of one’s actions. Actus reus is Latin for a “wrongful deed”. It is a criminal act or admission to act.
Murder:
Men’s rea is the intention to kill or harm the person knowing it is wrong
Actus reus is the action of killing the person.

Question 8

What are the 3 levels of assault?

Answer 8

The three levels of assault are
1 assault- attempting or threatening by act or gesture to apply force

2 assault causing bodily harm -Carries, uses, or threatens to use weapon

3 Aggravated assault -wounds maims or disfigured person

Question 9

What are the 4 impaired driving offenses?

Answer 9

-driving while ability is impaired by alcohol or drugs
- having care or control of vehicle when impaired by alcohol or drugs
-driving while the blood alcohol level is over 80mg for 100ml of blood
-having care or control of a motor vehicle when BAC is over 80mg for 100ml of blood.

Question 10

What is Empaneling?

Answer 10

Empaneling is the process of selecting 12 jurors. It takes many days and starts with a random list of 75-100 people. They are then brought up randomly and selected.

Question 11

What are the disadvantages and advantages of trial by judge vs jury?

Answer 11

Judge- less prejudiced

-less influenced by emotion

Jury- very easily influenced and clouded judgement

-feel empathy for accused

Question 12

What is first degree murder?

Answer 12

First degree murder is planned, and the person must have weighed the consequences of the action (not impulsive)

Question 13

What is second degree murder?

Answer 13

Second degree murder is the intent to kill but doesn’t fit under and of the first degree murder situations.

Question 14

What is double doctoring?

Answer 14

Double doctoring is receiving multiple prescriptions for the same drug from different doctors.

Question 15

What is capital punishment?

Answer 15

Capital punishment has been debated in parliament and in media. It is giving your life as punishment for a crime.

Question 16

What is the criminal code?

Answer 16

The criminal code is a federal statue that reflects the social values of Canadians.

Question 17

What are the 4 goals of sentencing offenders?

Answer 17

-Deterrence: sentences should deter people from breaking the law and should reflect society’s intolerance
-Rehabilitation: sentencing should rehabilitate offenders
-Retribution: Retribution is punishment and a sentence is punishment for crime
-segregation: sentence should separate offender from society

Question 18

What is open and closed custody?

Answer 18

Closed custody is reserved for offenders who are dangerous and likely to escape. Open custody provides inmates the opportunity to work.

Question 19

What is absolute discharge?

Answer 19

Absolute discharge is if a sentence is less then 14 years and the crime Carries no minimum sentence, the offender may receive and absolute discharge.

Question 20

What are the three types of negligence?

Answer 20

-negligence in operation of a vehicle
-negligence causing bodily harm
-negligence causing death

Question 21

Who are the 8 people involved in a case?

Answer 21

-jury: render a verdict based on evidence

-judge: make sure rules are followed and justice is served

-sheriff: make sure the accused appears

-court clerk: reads out the charge against the accused and swears in the witness

-court recorder: records word for word all evidence, questions, and comments

-crown: to represent public in case and achieve justice

-defence: person charged with crime

-witness: answer questions about a case

Question 22

What is the trial process?
(Long Answer)

Answer 22

The trial process starts with empaneling, which is the process of selecting 12 jurors. The next step is arraignment which is the reading of the charge to the accused and the accused pleads guilty or not guilty. The next step is crown evidence where the crown presents a opening statement summarizing the case. Later, defence evidence begins where the defence can call for a direct verdict. If they don’t call for a direct verdict they can provide evidence and call up witnesses. After the defence evidence and after all witnesses have been called summation begins, the two sides each make a summary of all key arguments. After the summation, jury deliberation begins, where the jury debates facts and comes up with a verdict. After the verdict is giving, sentencing takes place which can be determining by the victim impact statement, along with many other factors. While sentencing the judge takes in the four goals, segregation, retribution, rehabilitation, deterrence.

Question 23

What is a drug schedule?

Answer 23

Schedules are levels of drugs that categorize how severe they are.
Schedule 1 being the most dangerous
Schedule 2 is cannabis
Schedule VIII is small amounts of cannabis
Schedule 3 is drugs that must be controlled