CLU3M Criminal Law: Actus Reus and Mens Rea

Intro to Criminal Law

• Actus Reus is the physical act or conduct that constitutes a criminal offense, including actions, omissions, or states of affairs breaching the law, such as physical assault or theft.
• Failing to act can be considered Actus Reus in certain situations; for example, a parent not feeding their child or a lifeguard failing to rescue someone.
• Mens Rea is the mental state or intention when committing a crime and the "guilty mind" that accompanies the Actus Reus.
• Intent is a form of Mens Rea where an individual plans and desires to commit a crime, involving deliberate planning and execution.

Six Forms of Mens Rea

• Intent involves desiring the outcome of one's actions, like committing murder with the purpose of killing.
• Knowledge involves being aware of the facts that make the conduct criminal, like using property knowing it is stolen.
• Recklessness involves being aware of a substantial and unjustifiable risk and disregarding it, like driving at high speeds through a crowded area.
• Willful Blindness involves deliberately ignoring the truth, such as turning a blind eye to stolen goods.
• Criminal Negligence involves showing a reckless disregard for the lives and safety of others, like failing to properly care for a child.
• Negligence involves failing to meet the standard of care expected, leading to harm, such as a driver failing to stop at a stop sign.
• Attempt refers to an act that is a step toward committing a crime but does not complete it, for example, trying to break into a house but getting caught.

Conspiracy, Money Laundering, Proceeds of Crime, Parties Involved in Crime

• Conspiracy involves an agreement between two or more people to commit a crime, even if the crime is not completed.
• Money laundering is the process of making illegally obtained money appear legal through complex financial transactions.
• Proceeds of crime refer to any property or benefits derived directly or indirectly from criminal activity, such as money from drug trafficking or stolen goods.
• Under Canadian law (Youth Criminal Justice Act), children under 12 cannot be held criminally responsible for their actions.
• A perpetrator is someone who directly commits the crime, for example, physically assaulting someone.
• Aiding involves assisting someone in committing a crime, such as providing a weapon or information.
• Abetting involves encouraging or assisting someone, for example, encouraging someone to shoplift.
• Counselling involves advising, encouraging, or persuading another person to commit a crime.
• An accessory after the fact is someone who helps the perpetrator after the crime has been committed, like hiding evidence or providing an alibi.

Incomplete Crimes, Types of Crime, and Types of Offenses

• Incomplete crimes are situations where the crime is not fully committed but steps toward it have been taken, such as attempts or conspiracy.
• A crime is an act or behavior prohibited by law and punishable by the government, such as theft, assault, or murder.
• Criminal law is the body of law that defines crimes, prescribes punishments, and outlines procedures for prosecution and defense.
• Criminal law in Canada is primarily under the jurisdiction of the federal government, as outlined in the Criminal Code of Canada.
• A summary offense is less serious and often punishable by a fine or short-term prison sentence.
• A hybrid offense can be prosecuted as either a summary or indictable offense, and theft under $5,000 can be prosecuted as a hybrid offense.
• An indictable offense is a serious crime with heavier penalties and often requires a formal trial, and examples include murder or robbery.
• Indictable offenses are serious crimes that typically involve significant penalties and are prosecuted in higher courts.
• Summary offenses are less serious crimes punishable by fines or short imprisonment and are heard in provincial courts.

Crime Scene Investigation and Trial Procedures

• A crime scene has two boundaries: the center (the actual crime scene) and the perimeter (to secure the area and control access).
• Physical evidence refers to tangible objects found at a crime scene that can be used to establish facts, like weapons, DNA, or fingerprints.
• Section 8 of the Canadian Charter of Rights and Freedoms protects Canadians from unreasonable search and seizure by government authorities.
• A telewarrant is a search warrant obtained electronically, typically when urgent action is required.
• The plain view doctrine allows police to seize evidence without a warrant if it is in plain view during a lawful observation.
• A search incident to arrest allows police to search an individual and their surroundings without a warrant after making an arrest.
• Exigent circumstances allow law enforcement to search without a warrant due to an urgent need to prevent harm, destruction of evidence, or escape.
• Canada has an adversarial court system where opposing parties present their cases before a neutral judge or jury.
• Witnesses in Canada do not have the same right to "plead the Fifth" as in the U.S., but can refuse to testify under certain conditions.
• A standard jury has 12 jurors and the minimum number that can move forward in a trial is 10.
• The court clerk manages documents, assists the judge, and records the progress of the case.
• The court reporter creates a verbatim record of the court proceedings.

Juries and Jury Selection

• Voir dire is the process of questioning potential jurors to determine their suitability to serve on the jury.
• A challenge for cause dismisses a potential juror for a specific reason, like bias.
• A peremptory challenge allows the defense or prosecution to dismiss a juror without providing a reason (limited number of challenges).
• A challenge for bias occurs when there is clear evidence that a juror is biased.
• Sequestered means the jury is isolated from the public and media during deliberations.
• A hung jury occurs when jurors cannot reach a unanimous decision, potentially resulting in a mistrial.
• A charge to the jury is when the judge gives instructions about the law and how it applies to the case.
• Summation is the final argument by both the prosecution and the defense, summarizing their case and evidence before jury deliberation.