Week Two B

Question 1

Actus reus

Answer 1

Means guilty act
act, state of being, or omission
action may need to cause a certain result
state of being - usually possession

Question 2

Mens rea

Answer 2

Means guilty mind
made a choice to do something wrong
made choice voluntarily
knew the act was wrong
carelessness, negligence
intent is the key
degrees come in here; manslaughter; 2nd degree murder, 1st degree murder
direct intent (most serious) - negligent (least serious)

Question 3

Elements of an offense

Answer 3

The objective component: actions or omissions; actus reus

The Subjective Component: required mental state/state of mind or level of intent; Mens Rea

Question 4

Exculpatory & Inculpatory evidence

Answer 4

Exculpatory evidence: evidence that suggests no guilt

Inculpatory evidence: evidence that suggests guilt

Question 5

Indictment

Answer 5

Charging document -Offenses tried in provincial Superior Court of Justice. Usually signed by the prosecutor

Question 6

Information

Answer 6

Charging document - Offenses tried in provincial or youth court. Usually sworn by a police officer

Question 7

Suspended Sentence

Answer 7

Released, subject to certain conditions

Question 8

precedent

Answer 8

The Criminal Code has a range of sentences for different offenses, from minimum to maximum. Presidents help mold these sentences

Question 9

Restorative Justice

Answer 9

Instead of punishing the offender, it focuses on making reparation to the victim and the community in general. It promotes healing, rehabilitation, reconciliation. can be a sentencing circle in cases of an indigenous individual where community is the center of support.

Question 10

Name and explain the three classifications of offenses?

Answer 10

Summary conviction offenses
- less serious with light penalties
- no preliminary hearing; provincial court; judge only
Indictable Offenses
- serious crimes with stiffer penalties
- mode of trial varies according to the offense, judge, and jury
- most tried according to the choice of the accused
Hybrid Offenses
-offense may be tried as either at the election of the prosecutor

Question 11

What are the five most common sentences imposed upon a conviction?

Answer 11

• Inprisonment
• Conditional sentence of imprisonment
• Suspended sentence
• Fine
• Dischard, with or without probation

Question 12

Name and describe two types of Charging documents

Answer 12

• Information - offenses tried in provincial or youth court - sworn by a police officer
• Indictment - offences tried in the Supreme Court of Justice - signed by prosecutor

Question 13

What is the difference between substantive law and procedural law?

Answer 13

Substantive law is about what constitutes a crime (statatory law) but procedural law is about the process for bringing the accused to justice (set of rules)

Question 14

What is the difference between Aggravating Circumstances and Mitigating Circumstances?

Answer 14

Aggravating Circumstances: a more serious crime = heavier sentence
Mitigating Circumstances: less degree of responsibility/benefits towards rehabilitation = lighter sentence

Question 15

What is criminal law?

Answer 15

A category of public law that punishes behaviour that results in injury to people and/or property

Question 16

What is a pre-sentence report? What is it used for? What is it based on?

Answer 16

Report written by probation officer, may be asked for input if working with accused. It is used to give insight for appropriate sentencing. It is based on files and interview with the accused and those who know the accused.

Question 17

How did the recognition of the battered woman syndrome defense change the law?

Answer 17

This recognition changed the presidence of sentencing for women who have battered wife syndrome