Criminal Law Chapter 6: The Nature of Crime
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Questions and Answers

Under what circumstances can a murder charge be reduced to manslaughter?

  • The offender intended to kill the victim
  • The act was premeditated
  • The victim was a non-citizen
  • The offender did not foresee death as a consequence of their actions (correct)

    • What is the maximum penalty for Level 1 assault in Canada?

  • Life imprisonment
  • Max of 14 years
  • Max of 10 years
  • Max of 5 years (correct)

    • Which of the following is NOT considered non-culpable homicide?

  • Self-defense
  • Accident
  • Military service
  • Unintentional killing during a fight (correct)

    • What defines Level 2 sexual assault?

    <p>Sexual assault with a weapon or causing bodily harm</p> Signup and view all the answers

    Which statement about aggravated assault is accurate?

    <p>It involves wounding, maiming, or endangering life</p> Signup and view all the answers

    Which level of sexual assault is defined as an assault that violates the victim's sexual integrity?

    <p>Level 1</p> Signup and view all the answers

    What happens if someone aids or counsels a person to commit suicide in Canada?

    <p>They can be charged with an indictable offence</p> Signup and view all the answers

    What is a key characteristic of Level 3 assault?

    <p>It endangers the life of the victim</p> Signup and view all the answers

    Which of the following is NOT a reason for reclassifying sexual assault into three levels in 1983?

    <p>To recognize that any type of assault qualifies as sexual assault</p> Signup and view all the answers

    What is the primary role of the jury in a criminal trial?

    <p>To determine the facts and deliver a verdict</p> Signup and view all the answers

    Which of the following statements about peremptory challenges is correct?

    <p>They allow the accused to exclude jurors without reason</p> Signup and view all the answers

    What is the maximum number of peremptory challenges allowed in serious cases such as first-degree murder?

    <p>20</p> Signup and view all the answers

    During a criminal trial, what is the burden of proof for the Crown?

    <p>To prove guilt beyond a reasonable doubt</p> Signup and view all the answers

    What is a challenge for cause in the jury selection process?

    <p>A method to exclude jurors for a specific reason</p> Signup and view all the answers

    What happens after a potential juror is accepted as suitable?

    <p>Both sides can still use peremptory challenges to reject them</p> Signup and view all the answers

    Which of the following best describes a direct examination?

    <p>Initial questioning of a witness by the party that called them</p> Signup and view all the answers

    What is the purpose of cross-examination in a trial?

    <p>To highlight contradictions and test accuracy of testimony</p> Signup and view all the answers

    What does a motion for dismissal request during a trial?

    <p>To dismiss charges if evidence is insufficient</p> Signup and view all the answers

    What oath do jurors take at the end of the juror selection process?

    <p>I swear to well and truly try the case according to the evidence</p> Signup and view all the answers

    What is one of the primary reasons for preserving a crime scene?

    <p>To allow a thorough search of the scene</p> Signup and view all the answers

    Which boundary is established at a crime scene to define the area where the offense occurred?

    <p>The center</p> Signup and view all the answers

    What happens if physical evidence from a crime scene is not managed properly?

    <p>It may become contaminated</p> Signup and view all the answers

    Which of the following is a type of physical evidence?

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

    What does a visible fingerprint require to be documented?

    <p>It should be photographed immediately</p> Signup and view all the answers

    What is the purpose of using Iodine fuming in crime scene investigations?

    <p>To enhance the visibility of latent prints on absorbent materials</p> Signup and view all the answers

    Which forensic professional analyzes bullet fragments found at a crime scene?

    <p>Firearms specialist</p> Signup and view all the answers

    What do shoe prints and tire tracks potentially reveal about a suspect?

    <p>Their approximate height and weight</p> Signup and view all the answers

    What is the significance of DNA testing in forensic science?

    <p>DNA profiles can be created from very small samples</p> Signup and view all the answers

    What is the chain of custody in relation to evidence?

    <p>The recorded path of evidence from collection to trial</p> Signup and view all the answers

    What must be included on the exterior of an evidence package?

    <p>Information related to the evidence's handling</p> Signup and view all the answers

    What can be identified from glove impressions left at a crime scene?

    <p>Class and individual characteristics of the gloves</p> Signup and view all the answers

    Why are blood types considered class characteristics?

    <p>They cannot be used for exact identification without DNA testing</p> Signup and view all the answers

    What method is used to enhance latent prints on non-absorbent surfaces?

    <p>Dusting with powder</p> Signup and view all the answers

    What is the primary purpose of criminal laws?

    <p>To protect people and property, maintain order, and preserve public decency</p> Signup and view all the answers

    Which of the following best describes mens rea?

    <p>The intention to commit a wrongful act</p> Signup and view all the answers

    What does actus reus refer to in criminal law?

    <p>The voluntary act or omission that constitutes a crime</p> Signup and view all the answers

    Which type of intent is characterized by performing an act solely to achieve another wrongful act?

    <p>Specific intent</p> Signup and view all the answers

    What is the maximum penalty for impaired driving causing death?

    <p>Life in prison</p> Signup and view all the answers

    What is criminal negligence primarily associated with?

    <p>Reckless disregard for the safety of others</p> Signup and view all the answers

    What constitutes dangerous operation of a motor vehicle?

    <p>Endangering the safety or lives of others by not exercising prudent care</p> Signup and view all the answers

    What distinguishes strict liability offences from absolute liability offences?

    <p>Strict liability offences allow for a defence of due diligence</p> Signup and view all the answers

    What happens if an individual fails to stop after being involved in an accident?

    <p>They are presumed to show intent to escape liability</p> Signup and view all the answers

    What role does 'aiding' play in criminal involvement?

    <p>Helping the perpetrator without direct involvement in the crime</p> Signup and view all the answers

    What is the maximum punishment for theft over $5000?

    <p>10 years in prison</p> Signup and view all the answers

    What is required to establish conspiracy in criminal law?

    <p>An agreement between two or more parties to commit an illegal act</p> Signup and view all the answers

    What type of offence is mischief that endangers another person’s life?

    <p>Indictable offence</p> Signup and view all the answers

    Which of the following statements about drug possession is incorrect?

    <p>To be charged with possession, a person must own the controlled substance.</p> Signup and view all the answers

    Which police force primarily handles federal law enforcement in Canada?

    <p>Royal Canadian Mounted Police (RCMP)</p> Signup and view all the answers

    What constitutes the act of trafficking in controlled substances?

    <p>Offering to sell a controlled substance</p> Signup and view all the answers

    What function does municipal police primarily serve?

    <p>Maintaining law and order in towns and cities</p> Signup and view all the answers

    What is the role of the First Nations Policing Policy?

    <p>To develop and maintain police services tailored to Aboriginal peoples</p> Signup and view all the answers

    In which circumstance is gambling legally allowed?

    <p>At licensed horse racing tracks that have government approval</p> Signup and view all the answers

    What is the purpose of money laundering as defined in criminal law?

    <p>To conceal the illegal origin of money or property</p> Signup and view all the answers

    Which task is NOT typically performed by police when arriving at a crime scene?

    <p>Conducting interviews with suspects</p> Signup and view all the answers

    Which of the following is a summary conviction offence?

    <p>Soliciting for prostitution</p> Signup and view all the answers

    What maximum penalty can be imposed for robbery?

    <p>Life imprisonment</p> Signup and view all the answers

    What key requirement is necessary to convict someone of fraud?

    <p>Proving intent to deceive</p> Signup and view all the answers

    Which of the following is NOT a factor in determining penalties for possession of drugs?

    <p>The intended use of the drug</p> Signup and view all the answers

    What is the classification of public mischief?

    <p>Hybrid offence</p> Signup and view all the answers

    What must police officers do to lawfully effect an arrest?

    <p>Identify themselves as police officers and inform the accused of the charge</p> Signup and view all the answers

    Which of the following statements about detention is accurate?

    <p>Detention is a temporary measure used to ask questions</p> Signup and view all the answers

    Under what circumstance may a police officer arrest without a warrant?

    <p>Officer has reasonable grounds to believe a crime is about to occur</p> Signup and view all the answers

    What is the primary goal during police interrogation?

    <p>To develop a trusting relationship with the suspect</p> Signup and view all the answers

    What is a bench warrant?

    <p>An arrest warrant issued directly by a Judge when a person fails to appear in court</p> Signup and view all the answers

    Which statement correctly describes a search warrant?

    <p>Requires police to specify the crime and items they are looking for</p> Signup and view all the answers

    What is the minimum penalty for first-degree murder under Canadian law?

    <p>Life imprisonment</p> Signup and view all the answers

    What condition must be met for a citizen's arrest to be lawful?

    <p>The accused must be found committing a crime</p> Signup and view all the answers

    What does the term nuisance refer to in the context of indictable offences?

    <p>Harassment or actions that disrupt public peace</p> Signup and view all the answers

    What requirement is there for police to photograph and fingerprint a suspect?

    <p>The suspect must be charged with an indictable offence</p> Signup and view all the answers

    What is a key difference between summary conviction offences and indictable offences?

    <p>Summary offences are less serious and have limited penalties</p> Signup and view all the answers

    What determines whether a judge conducts a show-cause hearing?

    <p>The Crown must justify the detention of the accused</p> Signup and view all the answers

    Which of the following describes a writ of habeas corpus?

    <p>A document requiring the Crown to justify continued detainment</p> Signup and view all the answers

    What defines a hybrid offence?

    <p>An offence that the Crown can prosecute as either summary or indictable</p> Signup and view all the answers

    Which of the following situations could potentially deny bail?

    <p>The accused does not have local ties</p> Signup and view all the answers

    Study Notes

    Chapter 6: The Nature of Crime

    • Defining Crime and Criminal Offences:

      • Criminal law addresses offences against the public, not just victims
      • Criminal law prohibits acts harming individuals, property, and society
      • Purposes of criminal law: protect people/property, maintain order, maintain public decency

    • Elements of a Crime: Actus Reus and Mens Rea:

      • Crown must prove actus reus (guilty act) and mens rea (guilty mind)
      • Actus reus: voluntary action, omission, or state of being prohibited by law
      • Mens rea: intention, knowledge, negligence, recklessness, wilful blindness
      • Intent: desire to commit a wrongful act, knowing the consequences, or reckless disregard
        • General intent: desire to commit wrongful act, no ulterior motive
        • Specific intent: desire to commit one wrongful act for another
      • Knowledge: awareness of facts, used to prove mens rea
      • Criminal negligence: wanton/reckless disregard for others' safety (causing harm/death)
      • Recklessness: conscious risk-taking, deemed unjustifiable by a reasonable person
      • Wilful blindness: deliberate ignorance of likely consequences
      • Strict/Absolute Liability:
        • Regulatory laws exist to protect public welfare
        • Strict liability: offences requiring no mens rea; accused can use due diligence defense
        • Absolute liability: offences needing no mens rea; no defense available

    Involvement in a Crime

    • Perpetrators and Co-Perpetrators:

      • Perpetrator: person who commits a crime
      • Co-perpetrators: two or more people directly involved in a crime

    • Aiding, Abetting, Counselling:

      • Aiding: helping a perpetrator commit a crime
      • Abetting: encouraging a perpetrator to commit a crime (knowing it was intended)
      • Counselling: advising/persuading another to commit a crime

    • Accessory After the Fact:

      • Assisting a perpetrator to escape police

    • Party to Common Intention:

      • Shared criminal responsibility for additional offences committed during the crime
      • Exception: murder or attempted murder (unless knowledge of likelihood)

    • Incomplete Crimes:

      • Attempt: intention to commit a crime, with some steps taken towards it
      • Conspiracy: agreement between two or more people to commit an illegal act

    Chapter 7: Investigation and Arrest

    • Levels of Police in Canada:

      • Federal (RCMP): investigates federal offences; fills police role in many provinces/territories
        • Policing mandates: border integrity (customs, immigration), drugs/organized crime, international policing, financial crime
      • Provincial: police service for municipalities (eg., OPP, Quebec Police)
        • Responsibilities: policing unpoliced municipalities, assisting municipal forces, traffic control, investigative services
      • Municipal: police services for cities and towns; most are funded independently
        • Duties: maintain peace, prevent crime, assist victims, lay charges, enforce local laws

    • Starting a Police Investigation:

      • Crime scene preservation:
        • Establish centre and perimeter boundaries
        • Includes any suspect entry/exit points
        • Preserved to facilitate a full investigation and collect evidence
        • Proper handling to avoid contamination
      • Police log: comprehensive written record of events

    • Identifying and Collecting Physical Evidence:

      • Forensic science used to analyze evidence
      • Evidence includes physical objects, impressions, body elements (blood, hair, DNA)
      • Impressions: photographed/moulded; class and individual characteristics
        • Class characteristics: general attributes (type, make, model)
        • Individual characteristics: unique features
      • Fingerprints: visible and latent, developed using various methods (dusting, iodine, lasers)
      • Impressions: footprints, tire tracks (show approx. height/weight, injuries, movement)
      • Body elements/DNA: can be used to make DNA profiles
      • Chain of custody: documented record of evidence handling

    Chapter 8: Levels of Offences

    • Levels of Offences:

      • Summary Conviction Offences:

        • Less serious crimes (max. fine/jail time)
        • Tried in provincial court without a jury (judge)
        • Time limits on filing charges (usually 6 months)

      • Indictable Offences:

        • More serious crimes (potential for severe penalties, potentially life in prison)
        • Most serious crimes tried in Superior Court, others in provincial court
        • Possible jury trial (some cases judge alone)

      • Hybrid Offences:

        • Crown can choose between summary or indictable procedure (charged as indictable until formally opted for summary)

      • Homicide:

        • Culpable homicide: (blameworthy) intentional/reckless killings
        • Non-culpable homicide: unintended, accidental deaths
        • Murder (1st or 2nd degree), infanticide, manslaughter (based on intent and premeditation)
        • Provocation: circumstances justifying reduction of murder to manslaughter

      • Assault:

        • Levels 1, 2, 3 (based on severity and injuries)
        • Different penalties based on level (1: minor force, 2: injury/weapon, 3: severe injuries/maiming)

      • Sexual Assault:

        • Levels 1, 2, 3 (based on severity)
        • Consent can't be used as defense in certain situations

    • Other Criminal Code Offences:

      • Theft (summary/indictable, based on value); robbery (violent theft)
      • Mischief; fraud (summary/indictable, based on value)
      • Prostitution (soliciting is a crime)
      • Gambling (related offences, not gambling itself)
      • Drug Offences (schedules I - III, maximum penalties)
      • Money laundering (concealing illegally obtained money)
      • Motor Vehicle offences (dangerous operation, hit-and-run driving, impaired driving, different penalties assigned to different driving offences)

    Chapter 9: Role of the Jury

    • Jury Qualifications:

      • Canadian citizens, 18+ years old, province residents for a specified duration
      • Certain justice system participants excluded

    • Jury Selection:

      • Random selection from electoral rolls
      • Lawyers are allowed to challenge jurors either for cause (specific reasons) or peremptorily (no reason needed)

    • Jury's Role:

      • Evaluate facts, apply the law as outlined by the judge, make independent decisions.

    • Criminal Trial Process:

      • Adversarial process: Crown v. accused, burden of proof on Crown.
      • Pre-Trial (evidence presented) , Trial steps (opening statements, witness examination, arguments, judge's instructions) , Post-Trial (verdict, sentencing)

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    Explore the fundamentals of criminal law in Chapter 6, focusing on the definition of crime and the elements of a criminal offence. Learn about actus reus and mens rea, crucial components in understanding criminal liability. This quiz covers the key principles that protect society and maintain order.

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