Unit 4: Violent Crimes Flashcards
Violent Crimes Are
Offences that Harm the human body
Blameable (intentional or foreseeable) is?
Being Culpable
Death is accidental or in self defence is?
Non-Culpable
1st Degree Murder is?
-Planned
-Someone is Hired
-Victim is Law Enforcement
- Committed while committing another crime
2nd Degree Murder is?
-Men’s Rea is Intent
- Foreseeable that something may cause deaths
Manslaughter is?
- Culpable (Blameable) homicide thay isn’t murder
-Infanticide ( Mother Killing Infant Child)
- Killing Someone during Wrongful Act Unintentionally
1st Degree Murder Sentence?
Life in Prison (without parole)
Min- 25 Years
2nd Degree Murder Charge?
Life with parole after 10 Years
Murder can be changed to Manslaughter if?
- Provocation (Being Provoked)
- Severe Intoxication
For Murder Crown Must Prove
- Offenders Identity
- Offenders State of Mind ( Men’s Rea, Intent Knowledge Recklessness)
- Death ( is there a body?) and Actus Reas
- Causation ( death is related to offenders action )
Elements of Provocation
- Evidence of Wrongful Act or Insult
-Deprive Someone of their Self Control
- Offender Acted in Heat of the Moment
Self Defence Test Includes?
- Accused has to believe there was a serious threat to them
- Purpose to Protect Others or Themselves
- Act must be reasonable under the circumstances
Types of Circumstances
Mitigating - Factors that’s lessen responsibility of offender, May Decrease Sentence
Aggravating - Factors that Increase Responsibility of Offender, May Increase Sentence
Levels of Assault
- Assault
- Assault Causing Bodily Harm
- Aggravated Assault
Level 1 Assault is
- Attempting, Gesturing, Threatening, Applying Intentional Force
- Physically Interfering with Someone’s Movement
Level 2: Assault causing bodily harm is?
- Use of Weapon
- Results in Physical Harm
Level 3: Aggravated Assault is?
- Most Violent
- Beating, Maiming, Disfigurement
- Life Threatening Injuries
What can Reverse an Assault
If Unintentional, Careless, or a Reflex
Common Assault Defences
- Sports
- Fights
- Defence of Property
- Preventing a crime
- Spanking (2-12 Years Old)
Sexual Assault Defences can be?
- Intoxication
- Marriage
- Complaint Sexual History ( Rape Shield Protects From Using Sexual History in Court)
Consent Cannot be a Defence When?
- Complainant is Under Age 14
- Complainant Cannot Agree ( Drunk )
- Abused By Position of Authority ( Teacher )
- Complaint Wants to Stop
Offences Against Minors
- Victim is Dependancy Relationship with Accused
- Occupier allows Adultery, Alcohol in home ( Immoral )
- Indecent act of nudity in public
- Incest
- Exploitation of Children with Disabilities
Criminal Offences
- Prostitution
- Obscenity
- Corruption of Children
-
Criminal Harassment is?
- Stalking
- Cannot Repeatedly Communicate or Follow
- Max Sentence is 5 Years
