Untitled Quiz

Criminal law is a system that attempts to balance societal rights for protection against the civil rights of an individual.

A crime is an act that goes against the law and, therefore, infringes upon the rights of society.

The primary goal of criminal law is to safeguard society and maintain peace.

<p>Prevent further crime</p> Signup and view all the answers

<p>Traditional Aboriginal views focus on restoration and healing rather than punishment, aiming to address the wrongdoings and restore balance within the community.</p> Signup and view all the answers

<p>Alternative justice systems aim to heal the person who committed the offense, repair the relationship between the victim and the offender, and restore the community's sense of well-being.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>The Criminal Code presents a comprehensive guide for police action, encompassing procedures for obtaining evidence, filling out specific forms, and taking appropriate actions based on the severity of the crime.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>The proof required in a criminal case must be beyond a reasonable doubt.</p> Signup and view all the answers

<p>When making findings, a judge considers the details of the crime, relevant statutes and case law, the accused's rights, the best interests of society, societal attitudes toward the crime, and the jury's verdict, if applicable.</p> Signup and view all the answers

<p>A judge must at least determine a verdict of guilty and impose a sentence, or declare a verdict of not guilty, which is called an acquittal.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>The two essential elements of a crime are actus reus, the physical act, and mens rea, the mental state or intent.</p> Signup and view all the answers

<p>The six essential elements include: 1) the description of the unlawful act (actus reus), 2) the mental state accompanying the act (mens rea), 3) a definition of key terms, 4) the defenses to the offence, 5) the type of offence, and 6) the maximum punishment for the crime.</p> Signup and view all the answers

<p>Actus reus comprises the physical act or conduct that constitutes the crime. It refers to the concrete action that violates the law.</p> Signup and view all the answers

<p>Mens rea denotes the mental state or intent accompanying the crime. It signifies that the accused had the knowledge, intention, or recklessness to commit the crime.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>The Crown, acting as the prosecution, is responsible for presenting evidence and proving beyond a reasonable doubt that the accused committed both the actus reus and mens rea.</p> Signup and view all the answers

<p>The 'guilty mind' refers to the mental element of a crime, the mens rea. It signifies that the accused had the necessary awareness, intent, or recklessness to commit the crime.</p> Signup and view all the answers

<p>'Mens rea' is crucial in criminal law because it ensures that individuals are only held accountable for actions that they intentionally committed or were reckless in causing. This principle prevents individuals from being punished for unintended actions.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>This defence means that a person is presumed innocent until proven guilty beyond a reasonable doubt. The burden of proof rests solely on the prosecution, the Crown.</p> Signup and view all the answers

<p>The alibi defence involves the accused providing evidence that they were at a different location during the time the crime took place, effectively disproving the actus reus component. The accused does not have to prove this beyond a reasonable doubt; a doubt in the Crown's case is enough.</p> Signup and view all the answers

<p>The defence of mistake acknowledges that a person could have made a honest and reasonable error in their judgment of facts. If those facts were true, their actions would have been innocent. It is not based on ignorance of the law.</p> Signup and view all the answers

<p>This defence revolves around the accused's mental capacity at the time of the crime. It assumes that they lacked the mental ability to understand the nature of their actions or the difference between right and wrong, effectively negating the mens rea element.</p> Signup and view all the answers

<p>Automatism refers to a state of involuntary action where the individual was not conscious of their actions. Unlike insanity, which involves a mental condition, automatism can be triggered by external factors like sleepwalking, physical trauma, or medical conditions.</p> Signup and view all the answers

<p>Drunkenness serves as a partial defence. It applies only when the accused did not commit the crime with specific intent, meaning they were unaware of their actions. It does not negate general intent such as 'applying force.'</p> Signup and view all the answers

<p>'Necessity' serves as a defence when a criminal act is committed to avoid imminent harm or danger. The accused must prove that the actions taken were necessary and no other reasonable alternatives were available.</p> Signup and view all the answers

<p>Entrapment occurs when a police officer persuades, harasses, or bribes a person to commit a crime. It is not a defence if a civilian encourages the crime. The Crown cannot successfully prove the accused's intent if they were induced to commit the crime by police actions.</p> Signup and view all the answers

<p>Canadian criminal law categorizes offences as indictable, summary conviction, and hybrid. Indictable offences carry the most severe punishments, while summary conviction offences have less severe penalties. Hybrid offences allow the Crown to choose between the two.</p> Signup and view all the answers

<p>Homicide includes culpable and non-culpable acts. Non-culpable homicide is not considered an offence. Culpable homicide includes murder, manslaughter, and infanticide.</p> Signup and view all the answers

<p>Murder is the most serious form of culpable homicide and requires a specific intention to kill. The individual must have intended to cause death or be aware that their actions could lead to death.</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>First-degree murder involves a premeditated and deliberate killing. It is also applicable when the victim is a peace officer or prison worker acting in the line of duty, or when the death occurs during a hijacking, sexual assault, kidnapping, or hostage-taking.</p> Signup and view all the answers

<p>Manslaughter is a lesser form of culpable homicide that occurs when the accused did not intend to kill but caused death through a negligent act, reckless disregard for life, or provoking the victim.</p> Signup and view all the answers

<p>Infanticide is a specific offence that applies to mothers who kill their newborns while still under the physical and emotional effects of childbirth. It is a lesser offence than murder due to the special circumstances of the act.</p> Signup and view all the answers

<p>Assault is a hybrid offence, meaning it can be tried as either an indictable offence or a summary conviction. The forms of assault include simple assault, aggravated assault, sexual assault, assault with a weapon, and assault against a peace officer.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Theft is the act of stealing something without the owner's consent. Robbery is a more serious offence that involves theft through violence or the threat of violence towards the victim.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Breaking and entering involves unlawfully entering a place with the intent to commit another offence, such as theft or assault. Simply breaking and entering without committing another offence is typically classified as trespass.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Reverse onus shifts the burden of proof from the Crown to the accused, requiring the accused to prove their innocence.</p> Signup and view all the answers

<p>The possession of stolen property is deemed serious because it undermines the law's objective of protecting property rights and encourages a market for stolen goods.</p> Signup and view all the answers

<p>Under Canadian law, possession of stolen property is considered an offence, with the Crown tasked with proving that the accused possessed the stolen goods, knew they were stolen, and obtained them through an indictable offence.</p> Signup and view all the answers

<p>These legislations address the misuse of drugs. The 'Narcotic Control Act' defines illegal narcotics and prohibits their possession and trafficking. The 'Food and Drug Act' regulates controlled and restricted drugs, restricting their possession without prescriptions.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Controlled drugs are legal to possess but illegal to traffic without a license, while restricted drugs are illegal to possess without a prescription. Restricted drugs are often manufactured substances.</p> Signup and view all the answers

<p>Decriminalization removes the criminal penalties associated with certain drugs but does not necessarily legalize them. It means that possession of these drugs is no longer considered a criminal offence.</p> Signup and view all the answers

<p>The criminal procedure begins with the police investigation, followed by the arrest, the first appearance before a judge (either in custody or on bail), a second appearance before a provincial judge, classification of the offense into summary conviction, indictable, or hybrid, and finally the trial.</p> Signup and view all the answers

<p>Evidence provides support for the prosecution's claims and the defence's arguments during a trial. It is used to establish facts, determine culpability, and support the judge's and jury's assessment of the case.</p> Signup and view all the answers

<p>The three categories of evidence are direct evidence, circumstantial evidence, and material objects and documents. Direct evidence comprises firsthand accounts or testimonies. Circumstantial evidence suggests a possible connection but does not directly prove guilt. Material objects include physical evidence.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Direct evidence, especially strong when corroborated by other pieces of evidence, is powerful because it directly links an individual to the offence through firsthand accounts or eyewitness testimonies.</p> Signup and view all the answers

<p>Expert witnesses provide specialized knowledge and opinions on particular aspects of a crime. They can analyze evidence and offer insights that laypersons might not have, furthering the investigation process.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Circumstantial evidence is essential for building a case by suggesting possible connections and relationships between individuals and the crime. It can be used to support the prosecution's or defence's arguments by providing relevant information.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Material objects and documents serve as tangible proof of the crime and can strengthen direct and circumstantial evidence. Forensic analysis can provide valuable insights into the scene of the crime, linking individuals to the offence.</p> Signup and view all the answers

<p>The police must have reasonable grounds to believe that a person has committed an offence to justify an arrest. The grounds must be based on credible evidence or observations.</p> Signup and view all the answers

<p>The Criminal Code outlines specific procedures for getting an accused person to court. The procedures differ depending on the classification of the offense: summary conviction, indictable, or hybrid. The Charter of Rights and Freedoms provides additional rights for arrested individuals.</p> Signup and view all the answers

<p>The best advice for anyone arrested is to cooperate with the police. This generally includes providing their identity and following instructions given to them.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Our legal principles advocate for pre-trial release unless the accused poses a danger to society. This prevents detaining individuals who have not yet been found guilty and ensures a fair trial process.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>A criminal trial is a structured process featuring an opening statement by the prosecution, the presentation of evidence by both the Crown and the defence, the closing arguments by each side, the judge's instructions to the jury (if applicable), and finally, the jury's verdict or the judge's decision.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>The defense counsel acts as a legal advocate for the accused, challenging the Crown's case and providing evidence or arguments to create reasonable doubt about the accused's guilt. Their role is to ensure a fair trial and protect the accused's rights.</p> Signup and view all the answers

<p>Plea-bargaining allows the accused to plead guilty to a lesser charge or negotiate a reduced sentence in exchange for the Crown dropping some charges or recommending a lighter sentence. It is a shortcut in the legal process, avoiding a full trial.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Critics argue that plea-bargaining may lead to unjust outcomes for the accused, as individuals may plead guilty even if they are innocent to avoid a longer trial or a harsher sentence. It can also allow habitual criminals to escape more severe punishments.</p> Signup and view all the answers

<p>The two fundamental rights are the presumption of innocence, which means the accused is presumed innocent until proven guilty, and the requirement that the Crown prove guilt beyond a reasonable doubt, ensuring a high standard of proof must be met.</p> Signup and view all the answers