Unit 4 (Criminal Law) Flashcards
First Degree Murder
- Planned and deliberate, or death occurs during another offence
- Minimum Sentence 25 years imprisonment
Second Degree Murder
- Does not fall into the previous categories but is still intentional
- Minimum Sentence 10 years
Manslaughter
Causing of the death of another person unintentionally while committing another offence
-Max sentence 10 years
Three Degrees of Assault
Assault, Assault Causing Bodily Harm, Aggravated Assault
Aggravated Sexual Assault
Forced sexual activity where the person seriously injures you or endangers your life
Sexual Assault Causing Bodily Harm
Forced sexual activity where the person physically injures you
Direct
The witness saw the offence being committed
Circumstantial
A witness says she was standing outside a bank, saw a person run into the bank with a gun and a bag, heard shots, then saw the same person run out of the bank
Similar-fact
Accused has committed a similar offence in the past
Hearsay
Evidence of what someone other than a witness said or wrote out of court
Evidence of Opinion
Evidence is generally not admissible unless the witness is qualified as an expert
Photos/Videos
Photographs must be an accurate portrait of the crime scene. Tapes must be taken in a reasonable manner by the police
Wiretapping
Police generally require a court order or the consent of one of the parties to make the evidence admissible
Polygraph
Lie detector results are generally inadmissible in Canadian courts
Confessions
Are usually admissible if given voluntarily by the accused
Character Evidence about the accused
Prior history of the accused can be
introduced by defence only.
Forensic
Use of scientific evidence in the courtroom (example: DNA, fingerprints, blood samples, hair samples, etc.)
Inculpatory
Admission of guilt
Exculpatory
Denial of guilt
Mens Rea
The guilty mind
Actus Rea
The guilty act
Alibi
Evidence that you were somewhere else at the time of the crime
Legal Duty
While under legal duty a person can do things that would normally be a crime (e.g. police shooting someone)
Self Defence
Everyone has the right to defend themselves
Excusable Conduct - Provocation
Someone is provoked into committing a crime
Excusable Conduct - Necessity
Had to commit the crime to stay alive
Excusable Conduct - Duress
A person commits a crime under mental or physical duress (threats)
Mental Disorder
Not in a mentally right state of mind
Mistake of Fact
A genuine mistake in committing a crime
Mens Rea
Intention/intent General intent Specific intent Recklessness Wilful blindness Motive Attempt Conspiracy
