Podcast
Questions and Answers
What year was the North-West Mounted Police established?
What year was the North-West Mounted Police established?
- 1901
- 1885
- 1867
- 1873 (correct)
Which type of crimes are considered mala in se?
Which type of crimes are considered mala in se?
- Vandalism and fraud
- Drug trafficking and theft
- Robbery and burglary
- Murder and sexual assault (correct)
What is one of the roles that the RCMP has historically played?
What is one of the roles that the RCMP has historically played?
- Promoting social rights
- Enforcing colonialist policies (correct)
- Guiding the legal system
- Advocating for Indigenous removal
How does criminal law maintain social order according to the principles outlined?
How does criminal law maintain social order according to the principles outlined?
Which of the following illustrates the historical context of vagrancy laws?
Which of the following illustrates the historical context of vagrancy laws?
What approach does deterrence primarily use to prevent crime?
What approach does deterrence primarily use to prevent crime?
What does the principle of expressing public opinion through criminal law challenge?
What does the principle of expressing public opinion through criminal law challenge?
What was a historical form of communal justice mentioned in the content?
What was a historical form of communal justice mentioned in the content?
Which of the following is NOT considered a valid excuse defense in criminal law?
Which of the following is NOT considered a valid excuse defense in criminal law?
Under which circumstances can a claim of duress be considered a valid defense?
Under which circumstances can a claim of duress be considered a valid defense?
What is the key element required to establish a defense of necessity?
What is the key element required to establish a defense of necessity?
In the context of mental disorder defenses, who bears the burden of proof?
In the context of mental disorder defenses, who bears the burden of proof?
According to the M’naughten rule, what must an accused establish to be deemed not criminally responsible due to mental disorder?
According to the M’naughten rule, what must an accused establish to be deemed not criminally responsible due to mental disorder?
What is the primary principle behind the Code of Hammurabi?
What is the primary principle behind the Code of Hammurabi?
Entrapment occurs when law enforcement encourages a person to commit a crime under what condition?
Entrapment occurs when law enforcement encourages a person to commit a crime under what condition?
Which of the following is a common method of controlling violations of folkways?
Which of the following is a common method of controlling violations of folkways?
Which of the following statements accurately reflects the nature of ignorance as a defense in criminal law?
Which of the following statements accurately reflects the nature of ignorance as a defense in criminal law?
What is the main goal of specific deterrence?
What is the main goal of specific deterrence?
What element is crucial for legally defining a crime?
What element is crucial for legally defining a crime?
What was the last year the death penalty was used in Canada before its abolition?
What was the last year the death penalty was used in Canada before its abolition?
How does modern criminal law reflect societal needs?
How does modern criminal law reflect societal needs?
What is one of the societal implications of laws that target specific groups, such as homelessness?
What is one of the societal implications of laws that target specific groups, such as homelessness?
Which historical case established the principle of protecting property rights through law?
Which historical case established the principle of protecting property rights through law?
What is an example of a punishment commonly used in statutory crimes?
What is an example of a punishment commonly used in statutory crimes?
What is the definition of Actus Reus?
What is the definition of Actus Reus?
Which of the following best describes Mens Rea?
Which of the following best describes Mens Rea?
Which scenario illustrates the concept of Transferred Intent?
Which scenario illustrates the concept of Transferred Intent?
What differentiates Strict Liability from other types of crimes?
What differentiates Strict Liability from other types of crimes?
What is an example of an Absolute Liability offence?
What is an example of an Absolute Liability offence?
Which of the following is NOT a valid defence against a criminal charge?
Which of the following is NOT a valid defence against a criminal charge?
Under what condition can ignorance of the law sometimes serve as a defence?
Under what condition can ignorance of the law sometimes serve as a defence?
What can be considered an example of 'General Intent'?
What can be considered an example of 'General Intent'?
What is required for an individual to be found Not Criminally Responsible on Account of Mental Disorder (NCRMD)?
What is required for an individual to be found Not Criminally Responsible on Account of Mental Disorder (NCRMD)?
Which of the following statements about intoxication is true?
Which of the following statements about intoxication is true?
In what circumstance does duress not apply?
In what circumstance does duress not apply?
Which case established that the actions taken under survivorship could be discussed in terms of necessity?
Which case established that the actions taken under survivorship could be discussed in terms of necessity?
What is the primary consideration in self-defense claims?
What is the primary consideration in self-defense claims?
What distinguishes entrapment from other legal defenses?
What distinguishes entrapment from other legal defenses?
Which legislative event aimed to amend drug laws but ultimately failed?
Which legislative event aimed to amend drug laws but ultimately failed?
What was a significant reason for the decrease in drug crime rates according to the CCJS report?
What was a significant reason for the decrease in drug crime rates according to the CCJS report?
Study Notes
Criminal Defences
- Ignorance or mistake is not a valid excuse in most cases.
- Honest mistake of facts or lack of knowledge about new laws can be considered.
- Cases like R v. Ladue (1965) and R v. Tolson (1889) highlight the importance of reasonable steps to ensure knowledge and avoid a mistake of fact.
Not Criminally Responsible on Account of Mental Disorder (NCRMD)
- Mental disorder exemption allows for acquittal if an individual was unable to appreciate the nature of their actions due to a mental disorder.
- The burden of proof lies on the accused.
- The definition involves understanding the nature of the act and its wrongfulness, often based on the M’Naghten Rule.
Intoxication
- Intoxication is generally not a valid excuse for general intent crimes like assault or sexual assault.
- Bill C-72 (1995), specifically, focused on holding individuals responsible for violent acts committed under the influence.
Duress
- A justification defense claiming commission of a crime due to being forced or compelled by someone else.
- Immediate threat of serious harm or death is a key requirement.
- R v. Langlois (1993) and R v. Ryan (2008) showcase successful duress arguments.
Necessity
- Breaking the law to avoid a greater evil.
- Not applicable for intentional killing.
- R v. Hartwell (1972) discussed survival situations as a potential justification for necessity.
Self-Defence
- Allows for justified use of force against a perceived threat
- Force used must be proportional to the threat posed.
- R v. Lavallee (1990) set a precedent for recognizing “battered woman syndrome” while R v. Berrigan (1998) addressed mistaken belief in self-defence.
Entrapment
- Argued when law enforcement officers induce or encourage the commission of a crime that wouldn’t have happened otherwise.
- It's important to differentiate between providing an opportunity and actively inducing a crime.
Early Legal Codes
- Sumerian Code of Hammurabi (c. 1792–1750 BCE) implemented lex talionis ("an eye for an eye") with punishments based on class.
The Role of the RCMP
- Formed in 1873 as the North-West Mounted Police (NWMP). Became the RCMP in 1920.
- Controversy surrounds their role in enforcing colonialist policies, particularly against Indigenous populations.
Societal Implications of Criminal Law
- Criminal law helps maintain social order by prohibiting harmful behaviors.
- It controls actions that threaten government legitimacy.
- Discourages revenge, shifting it from individual retribution to state punishment.
- Reflects evolving public morality and opinions.
- Acts as a deterrent against criminal behavior through fear of punishment.
- Debates surround the effectiveness of deterrence, questioning its rationality.
Legal Definition of A Crime
- Actus Reus - the physical act of committing a crime
- Mens Rea - the intent to commit a crime
Actus Reus
- The voluntary action constituting the crime.
- Involuntary actions (e.g., sleepwalking) can negate criminal liability.
Mens Rea
- Intent behind the criminal act, encompassing specific and general intent.
- Transferred Intent applies when intended harm towards one individual unintentionally harms another.
Strict Liability
- Crimes that do not require proof of mens rea (intent) for conviction; only actus reus (the physical act) needs to be proven.
- Common contexts include public welfare offenses, health and safety regulations, traffic laws, and environmental regulations.
Absolute Liability
- A subset of Strict Liability offences where intent cannot be used as a defence.
Criminal Defences
- Focus on refuting elements of the crime.
- Include denial of actus reus, lack of mens rea, justification or excuse defences.
Cannabis Legislation
- R v. Clay (2003) upheld Parliament's right to prohibit cannabis possession despite evidence suggesting low harm.
- Shift in law enforcement focus towards more serious offenses.
In-Notes: Criminal Law Developments in Canada
- Bill C-10 (2004) failed to pass.
- Cannabis legislation had a significant impact on drug crime rates, leading to a focus on more serious offenses.
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Description
This quiz explores various criminal defenses, including ignorance or mistake, mental disorder, intoxication, and duress. Delve into landmark cases and significant legal principles that determine the validity of these defenses in criminal law. Test your knowledge on important rules and regulations associated with them.
