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

What is a key requirement for an offender to be charged with manslaughter?

  • The offender must admit to the wrongful act.
  • The offender intended to cause death.
  • The offender did not foresee that the wrongful act could result in death. (correct)
  • The offender must foresee that their actions could result in death.

Which of the following is NOT classified as non-culpable homicide?

  • Intended injury (correct)
  • Military service
  • Accidental death
  • Self-defense

What is the maximum penalty for Level 3 aggravated assault?

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

Which of the following definitions best describes Level 2 sexual assault?

<p>Involves threats to a third party or uses weapons. (A)</p> Signup and view all the answers

What was one reason for reclassifying sexual assault in 1983?

<p>To emphasize that sexual assault involves physical violence against another person. (A)</p> Signup and view all the answers

What is the penalty for Level 1 sexual assault?

<p>Maximum of 10 years (A)</p> Signup and view all the answers

Which of the following is NOT a factor that invalidates consent in sexual assault cases?

<p>The victim is in a relationship with the accused. (C)</p> Signup and view all the answers

What is a challenge for cause in the context of jury selection?

<p>The right to exclude a juror based on a specific, articulated reason. (D)</p> Signup and view all the answers

How many peremptory challenges are permitted in serious cases such as first-degree murder?

<p>20 (A)</p> Signup and view all the answers

What does the Crown need to prove in a criminal trial?

<p>The guilt of the accused beyond a reasonable doubt. (C)</p> Signup and view all the answers

What role does the jury serve in a criminal trial?

<p>To act as the trier of facts and deliver a true verdict. (C)</p> Signup and view all the answers

What statement is true regarding peremptory challenges?

<p>They allow the accused to control some aspects of jury selection. (A)</p> Signup and view all the answers

During which part of the trial does the Crown present an overview of the case?

<p>Opening statement (B)</p> Signup and view all the answers

What is the purpose of cross-examination?

<p>To test the accuracy of testimony from the witness. (D)</p> Signup and view all the answers

Which of the following describes a directed verdict?

<p>A judge's decision to withdraw a case and declare not guilty. (B)</p> Signup and view all the answers

What can occur during rebuttal in a criminal trial?

<p>The Crown can introduce evidence to counter the defence's evidence. (C)</p> Signup and view all the answers

Which statement about the burden of proof in a criminal trial is accurate?

<p>Crown must prove guilt beyond a reasonable doubt. (A)</p> Signup and view all the answers

What is the primary reason for preserving a crime scene?

<p>To allow for a thorough search and collect physical evidence (A)</p> Signup and view all the answers

Which of the following correctly describes class characteristics of fingerprints?

<p>General attributes belonging to a type of object (A)</p> Signup and view all the answers

What is the first step in collecting impression evidence?

<p>Photograph or scan the impression (D)</p> Signup and view all the answers

Which of the following could be considered contaminated evidence?

<p>Evidence that is altered or destroyed before collection (D)</p> Signup and view all the answers

How can police determine a suspect's height and weight from shoe prints?

<p>By comparing the shoe size with known standards (D)</p> Signup and view all the answers

What does a police log serve as?

<p>A record of events witnessed by an officer (A)</p> Signup and view all the answers

What is the outcome of evidence not managed properly at a crime scene?

<p>It may become contaminated and inadmissible (C)</p> Signup and view all the answers

Which method is used to develop latent fingerprints on non-absorbent surfaces?

<p>Dusted with graphic powder (C)</p> Signup and view all the answers

Why are DNA samples significant in forensic investigations?

<p>They can identify individuals from minimal biological material (D)</p> Signup and view all the answers

What information is essential for the chain of custody?

<p>The dates and times evidence was handled (C)</p> Signup and view all the answers

What do forensic pathologists primarily investigate?

<p>The cause and time of death of individuals (B)</p> Signup and view all the answers

What type of fingerprint is formed by natural oils and perspiration?

<p>Latent fingerprint (A)</p> Signup and view all the answers

What can glove impressions reveal about a suspect?

<p>Both class and individual characteristics of the glove (B)</p> Signup and view all the answers

What is an important application of forensic science?

<p>To analyze evidence using scientific techniques (A)</p> Signup and view all the answers

What is the maximum penalty for impaired driving causing death?

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

Which of the following statements about dangerous operation of a motor vehicle is true?

<p>The maximum penalty is 5 years if hybrid. (B)</p> Signup and view all the answers

What defines theft under the Criminal Code?

<p>Taking property with the intent to deprive the owner permanently. (B)</p> Signup and view all the answers

When is a person guilty of money laundering?

<p>If they conceal the illegal origin of money or property. (A)</p> Signup and view all the answers

What is the maximum punishment for theft over $5000?

<p>10 years in prison. (B)</p> Signup and view all the answers

Which of the following describes the offence of broken and entering into a residential dwelling?

<p>Subject to a maximum penalty of life imprisonment. (C)</p> Signup and view all the answers

For which of the following is a person NOT allowed to be charged if they participate?

<p>Prostitution itself. (C)</p> Signup and view all the answers

Which offence is considered a hybrid offence?

<p>Theft under $5000. (B)</p> Signup and view all the answers

What distinguishes fraud from other offences?

<p>Requires the Crown to prove intentional deception. (C)</p> Signup and view all the answers

What is a key characteristic of possession concerning controlled substances?

<p>The person must have knowledge and control over the substance. (C)</p> Signup and view all the answers

Which of the following is NOT an element of money laundering?

<p>Intention to deceive others. (B)</p> Signup and view all the answers

What is the status of soliciting in relation to prostitution?

<p>It is a summary conviction offence. (B)</p> Signup and view all the answers

Which of the following represents a penalty associated with in possession of cannabis under Schedule II?

<p>5 years less a day. (C)</p> Signup and view all the answers

Which of the following is NOT a purpose of criminal law?

<p>Enforce social conformity (D)</p> Signup and view all the answers

What does the term 'actus reus' refer to?

<p>The voluntary act prohibited by law (B)</p> Signup and view all the answers

Which type of intent demonstrates a desire to commit a wrongful act for the sake of accomplishing another?

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

How can criminal negligence be established?

<p>By showing a reckless disregard for safety (D)</p> Signup and view all the answers

What is required to establish mens rea regarding knowledge?

<p>Awareness of the legal consequences (B)</p> Signup and view all the answers

Which term refers to helping a perpetrator commit a crime without directly participating?

<p>Aiding (D)</p> Signup and view all the answers

Which statement best describes 'absolute liability' offences?

<p>Do not require mens rea and allow no defense (D)</p> Signup and view all the answers

What does 'wilful blindness' mean in legal terms?

<p>Deliberately ignoring possible consequences (B)</p> Signup and view all the answers

Which group is NOT typically considered a higher-level police force in Canada?

<p>Federal Bureau of Investigation (B)</p> Signup and view all the answers

What does the term 'co-perpetrators' refer to?

<p>Individuals who commit the crime together (D)</p> Signup and view all the answers

What is a key responsibility of municipal police forces?

<p>Preserving the peace in towns and cities (B)</p> Signup and view all the answers

Which of these actions constitutes 'counselling' in a criminal context?

<p>Encouraging someone to commit a crime (D)</p> Signup and view all the answers

Which of the following is NOT an element required to convict someone of a crime?

<p>Motive (C)</p> Signup and view all the answers

What characterizes a strict liability offence?

<p>Does not require mens rea (A)</p> Signup and view all the answers

What does 'attempt' mean in criminal law?

<p>Intentionally committing a crime that fails (A)</p> Signup and view all the answers

What is one of the requirements for a lawful arrest by a police officer?

<p>To inform the accused of charges without delay (B)</p> Signup and view all the answers

Under what circumstance can police arrest a suspect without a warrant?

<p>If they find a person committing a criminal offence (C)</p> Signup and view all the answers

What must be established for a police search to be legal after an arrest?

<p>The search is connected to the arrest and conducted reasonably (A)</p> Signup and view all the answers

What is the purpose of an appearance notice?

<p>To require a defendant to attend a hearing (B)</p> Signup and view all the answers

Which of the following best explains the term 'habeas corpus'?

<p>A writ appealing the legality of detention (D)</p> Signup and view all the answers

What is a key element in determining bail eligibility for an accused?

<p>The severity of the charges they face (A)</p> Signup and view all the answers

Which of the following describes the difference between summary offences and indictable offences?

<p>Summary offences carry lighter penalties (C)</p> Signup and view all the answers

In which situation is a reverse onus applicable in bail proceedings?

<p>The accused has committed an indictable offence while out on bail (C)</p> Signup and view all the answers

What document is required to conduct a search of a specific location?

<p>A search warrant (D)</p> Signup and view all the answers

What determines if an offence is treated as hybrid?

<p>If the legislation specifies it can proceed as either summary or indictable (D)</p> Signup and view all the answers

What type of crime is being committed when someone is charged with theft under $5000?

<p>Summary conviction offence (B)</p> Signup and view all the answers

How long can police retain arrest records for individuals who have not been charged or acquitted?

<p>10 years (A)</p> Signup and view all the answers

What typically happens if a suspect fails to attend court after an appearance notice is issued?

<p>A bench warrant may be issued (C)</p> Signup and view all the answers

What is the maximum penalty for a Level 1 assault?

<p>5 years (D)</p> Signup and view all the answers

Which type of assault involves the use or threat of a weapon and may cause bodily harm?

<p>Level 2 assault (D)</p> Signup and view all the answers

What is considered a defining feature of aggravated sexual assault?

<p>Wounding or endangering the victim's life (D)</p> Signup and view all the answers

Which of the following is NOT a valid defence against sexual assault charges?

<p>The victim consented verbally (A)</p> Signup and view all the answers

What distinguishes manslaughter from murder in legal terms?

<p>Foreseeing potential death from an act (A)</p> Signup and view all the answers

What was a key change in the reclassification of sexual assault in Canada in 1983?

<p>Recognizing that marital rape can be charged (B)</p> Signup and view all the answers

Which level of assault includes attempting or threatening to apply force?

<p>Level 1 assault (C)</p> Signup and view all the answers

Which scenario would not be classified as non-culpable homicide?

<p>Deliberately causing death (D)</p> Signup and view all the answers

What is the penalty for Level 3 aggravated assault in Canada?

<p>Max. 14 years (C)</p> Signup and view all the answers

Which of the following statements about suicide in Canada is true?

<p>Counseling suicide is a punishable offense (C)</p> Signup and view all the answers

Flashcards

What is crime considered to be an offense against?

A crime is considered to be an offense not just against the direct victim of the crime, but against the public or society as a whole.

What is Criminal Law?

The body of laws that prohibit and punish acts that injure people, property, and society as a whole.

What are the main purposes of Criminal Law?

The main purposes of criminal laws are to protect people and property, maintain order, and preserve standards of public decency.

What is Actus Reus?

Actus reus refers to the physical act involved in committing a criminal offense.

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What is Mens Rea?

Mens rea demonstrates that the act was intentional, knowing, negligent, reckless, or willful blind.

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What is General Intent?

The desire to commit a wrongful act, with no ulterior motive or purpose.

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What is Specific Intent?

The desire to commit one wrongful act for the sake of accomplishing another.

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How can the Crown establish Mens Rea using Knowledge?

The Crown can establish mens rea by showing that the accused had knowledge of certain facts.

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What is Criminal Negligence?

Wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death.

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What is Recklessness?

Consciously taking an unjustifiable risk that a reasonable person would not take.

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What is Wilful Blindness?

A deliberate closing of one’s mind to the possible consequences of one’s actions.

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Who is the Perpetrator?

The person who actually commits a crime.

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Who are Aiders?

People who are not directly involved in committing a crime but may be considered partly responsible for it.

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What is Party to Common Intention?

The shared responsibility among criminals for additional offenses that are committed in the course of the crime they originally intended to commit.

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What is Attempt?

The intention to commit a crime, even when the crime is not completed.

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Right to Remain Silent

The right of a detained or arrested person to remain silent and not answer questions from police.

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Interrogation Technique

A questioning technique used by police to obtain the truth from suspects, involving building trust and using a structured approach.

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Arrest

Legally depriving someone of liberty by seizing or touching them to indicate they are in custody.

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Appearance Notice

A legal document issued for less serious offences, compelling an accused person to appear in court.

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Summons

A legal document issued for an indictable offence, ordering an accused person to appear in court.

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Information

A statement given under oath, informing the Court of the details of the offence.

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Arrest Warrant

A written court order directing the arrest of a suspect.

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Citizen's Arrest

An arrest without a warrant by anyone other than a peace officer.

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Search Warrant

A court document that gives the police the right to search a specific location.

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Telewarrant

A search warrant obtained by phone or fax, where the information is given over the phone and a facsimile warrant is used at the scene.

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Bail

The temporary release of an accused person who posts money or some other security as a guarantee of their appearance in court.

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Show-Cause Hearing

A judicial hearing where the Crown or the accused must convince the Judge to detain or release the accused before trial.

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Habeas Corpus

A writ that requires the Crown to produce a detained person in court and give reasons for their continued detention.

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Summary Conviction Offence

A crime that is considered less serious and carries a lighter penalty.

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Indictable Offence

A more serious crime that carries a heavier penalty.

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Crime Scene

The area where a crime was committed, including the immediate surroundings.

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Crime Scene Boundaries

Two boundaries: the center where the crime occurred and the perimeter encompassing potential entry/exit points. This ensures all relevant areas are secured.

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Preserving the Crime Scene

Preserving the crime scene for a thorough search, for collecting evidence, and to ensure admissibility of evidence in court.

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Physical Evidence

Any object, impression, or body element that can be used to prove or disprove facts related to a crime. It's a valuable tool for investigators.

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Manslaughter

A criminal offense where the offender unintentionally caused the death of another person, even though their actions were illegal.

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Forensic Science

Using scientific techniques (biology, chemistry, etc.) to analyze evidence and provide information to investigators. It's a crucial part of solving crimes.

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Self-defense

A legal defense in which the defendant claims they were justified in using force to protect themselves or another person from harm.

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Accident

A legal defense in which the defendant claims that the death was caused by an accident outside of their control.

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Examining Physical Evidence

Analyzing the evidence found at a crime scene to link it to the suspect or the victim. It helps investigators understand the events that took place.

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Fingerprint

A mark left behind when a fingertip touches an object. It's a unique identifier, like a personal signature.

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Military service

A legal defense in which the defendant claims they were acting in the line of duty during military service.

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Assault

The most common type of violent crime in Canada, involving the unlawful application of force to another person without their consent.

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Visible Fingerprint

Fingerprints that are visible to the naked eye because they are coated in substances like blood, grease, or paint.

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Level 1 Assault

The most minor level of assault, involving the direct or indirect application of force without consent. This can include assault by threat or gesture.

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Latent Fingerprint

Fingerprints that are invisible to the naked eye because they are formed by natural oils and perspiration on the fingertip, requiring specialized techniques to reveal them.

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Chain of Custody

A continuous, witnessed record of everyone who has handled a piece of evidence, ensuring its integrity and proving its origin.

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Level 2 Assault

A more serious form of assault that involves the use of a weapon, or causing bodily harm.

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Evidence Tag

A tag attached to evidence, documenting vital information like the date and time of collection, the case number, and the officer who collected it.

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Level 3 Assault

The most severe level of assault, involving the use of violence that causes serious injury.

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Pathologists

Specialists who perform autopsies to determine the cause and manner of death. Their findings often provide crucial information for investigations.

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Sexual Assault

A criminal offense that violates a victim's sexual integrity, involving unwanted touching of a sexual nature.

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Entomologists

Specialists who use insects to determine the time of death. They analyze the insect life stages found on the body to estimate when the person died.

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Aggravated Sexual Assault

The most serious type of sexual assault, involving actions that wound, maim, disfigure, or endanger the life of the victim.

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Forensic Chemists

Specialists who analyze paint chips, fibers, and other materials to identify the type of vehicle used in a crime. They help link the suspect to the crime scene.

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Forensic Science

A scientific discipline that uses a range of techniques to examine crime scenes, analyze evidence, and identify perpetrators. It plays a crucial role in solving crimes and providing justice.

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Dangerous Operation of a Motor Vehicle

A criminal act where the driver demonstrably failed to act with the care a prudent driver would exhibit under the same circumstances, putting others in danger.

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Failure to Stop at the Scene of an Accident

A hybrid offence where a person involved in an accident chooses to leave the scene without providing assistance, identifying themselves, and reporting the incident. The act is presumed to be intentional.

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Impaired Driving

A hybrid offense involving driving under the influence of alcohol or drugs, where blood alcohol content surpasses the legal limit. This offense encompasses both driving and having 'care or control' of a vehicle.

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Theft

A hybrid offence involving taking property, either permanently or temporarily, without the owner's permission. It includes fraudulent acts without a legitimate claim of ownership.

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Robbery

An indictable offence involving theft accompanied by violence or the threat of violence.

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Breaking and Entering

An indictable offence involving unlawfully entering a premises by breaking or opening something without permission with the intent to commit another crime.

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Mischief

A hybrid offence that covers various acts of destroying or damaging property, interfering with its lawful use, or disrupting a person's lawful access to or use of property.

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Fraud

A hybrid offence involving intentionally deceiving someone for the purpose of causing financial loss or gaining a service or property.

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Prostitution

The act of engaging in sexual services for money, while not a criminal offense itself, can be charged as soliciting when performed in public.

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Gambling

A non-criminal act in Canada. However, offenses related to gambling, such as operating illegal betting houses or disorderly gambling activity, are illegal.

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Possession of Controlled Drugs

The act of possessing controlled drugs without a prescription, prohibited under the Controlled Drugs and Substances Act.

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Trafficking of Controlled Drugs

A criminal offense involving selling, transporting, distributing, or being in possession of controlled drugs with the intention of trafficking.

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Money Laundering

Moving money obtained from criminal activities to conceal its illegal origin.

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Jury Panel

The individuals selected randomly from electoral lists who potentially serve on a jury, forming a pool of potential jurors.

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Arraignment

The first stage of a criminal trial where the defendant enters a plea of guilty or not guilty. If the plea is guilty, a jury is not required.

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Jury Selection

The process of selecting individuals to serve on a jury for a trial, involving steps like random selection, questioning, and potential challenges by both sides.

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Peremptory Challenge

A type of challenge during jury selection where either the Crown or the defence can remove a potential juror without giving a specific reason.

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Challenge for Cause

A challenge during jury selection where the Crown or the defence can remove a potential juror based on a specific reason, such as bias or inability to serve effectively.

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Burden of Proof

The responsibility of the Crown to prove the guilt of the accused beyond a reasonable doubt.

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Direct Examination

The initial questioning of a witness by the lawyer who called them to testify, to present their observations and perspective.

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Cross-Examination

The process where the opposing lawyer questions a witness who has been examined by their opponent, to test the accuracy and consistency of their testimony.

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Motion for Dismissal

A request made by the defence to dismiss the charges against the accused if the Crown fails to present enough evidence of guilt.

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Directed Verdict

The decision made by a judge to end a trial and declare the accused not guilty, typically when the Crown fails to present sufficient evidence.

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Rebuttal

Evidence presented by the Crown that contradicts or refutes evidence introduced by the defence.

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Surrebuttal

The defence's response to the Crown's rebuttal, presenting evidence to challenge or further explain their own position.

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Study Notes

Chapter 6: The Nature of Crime

  • Defining Crime and Criminal Offences

    • Crime is an offense against society, not just the victim.
    • Criminal law prohibits acts harming individuals, property, or society.
    • Main purposes of criminal law are protecting people/property, maintaining order, and upholding public decency.

  • Elements of a Crime: Actus Reus and Mens Rea

    • To convict someone, the Crown must prove both actus reus and mens rea.
    • Actus Reus (guilty act): A voluntary action, omission, or state of being prohibited by law. Omission is failing to act when required.
    • Mens Rea (guilty mind): Intention, knowledge, negligence, recklessness, or willful blindness of the act's wrongfulness.

  • Actus Reus

    • Refers to the physical act of a crime.
    • Can also be an omission (failure to act).
    • Must be voluntary, not forced.

  • Mens Rea

    • Demonstrates a wrongful intent, knowing or reckless disregard for the consequences.
    • Provable through intent (general/specific), knowledge, criminal negligence, recklessness, or willful blindness.
    • Intent: The desire to act wrongly, knowing the result, and accepting the outcome's possibility. General intent (desire to act wrongly) is easier to prove than specific intent (desire to achieve a specific outcome).
    • Knowledge: Aware of critical facts connected to the crime.
    • Criminal Negligence: Wanton disregard for others' safety, potentially causing injury/death.
    • Recklessness: Consciously taking a significant risk, a reasonable person wouldn't.
    • Willful Blindness: Deliberately ignoring the potential outcome.

  • Strict and Absolute Liability

    • Regulatory Laws, imposed to protect public welfare.
    • Strict liability: Offences don't require mens rea, but due diligence is a valid defense.
    • Absolute liability: No defense is allowed.

Chapter 7: Investigation and Arrest

  • Levels of Police in Canada

    • Federal: RCMP (Royal Canadian Mounted Police).
    • Provincial: (e.g., OPP, Surete du Quebec).
    • Municipal: Local forces.
    • Aboriginal: First Nations policing.

  • Starting a Police Investigation

    • Initial tasks at a crime scene include: medical aid, safety measures, and diligent search.
    • Boundaries will protect evidence: the exact crime occurrence center and perimeter including escape routes.
    • Preserving the crime scene supports thorough evidence acquisition.

  • Identifying and Collecting Physical Evidence

    • Physical evidence (objects, impressions) is important.
    • Forensic science analyzes this evidence. Specialists (pathologists, entomologists, forensic chemists, etc.) examine various evidence types.
    • Imprints (footprints, tire tracks, fingerprints) have class and individual characteristics, assisting in identification.

  • Fingerprints:

    • Visible: Obvious prints.
    • Latent: Invisible prints (using powders, iodine fuming or laser methods)
    • Techniques develop prints for analysis.

  • Shoe prints/tire tracks: Provide details on the suspect's approximate size, walking/running style.

  • Body Elements/DNA: Blood, semen, hairs, skin, mucus/saliva. DNA profiles are created for individual identification.

  • Procedures for Labeling Evidence

    • Chain of custody is crucial - a documented record of evidence handling. It details who’s handled evidence when and how.

Chapter 8–Levels of Offences

  • Summary Conviction Offences:

    • Less serious; usually result in fines or imprisonment up to 6 months.
    • Tried in provincial court without a jury.

  • Indictable Offences:

    • More serious; penalties can extend to life imprisonment.
    • Tried in provincial court or Superior Court, with or without a jury.

  • Hybrid Offences:

    • Crown can choose to try them as either summary or indictable.
    • Offenses like theft under/over $5000, impaired driving.

  • Levels of Assault:

    • Level 1 (hybrid): Application of force without consent.
    • Level 2 (hybrid): Assault with weapons/bodily harm.
    • Level 3 (indictable): Aggravated assault (wounding/maiming).

  • Levels of Sexual Assault:

    • Level 1 (hybrid): Sexual assault.
    • Level 2 (hybrid): Sexual assault with weapon/threat/harm.
    • Level 3 (indictable): Aggravated sexual assault.

  • Homicide:

    • Culpable (blameworthy) and Non-culpable (not blameworthy).

  • First-Degree Murder: Planned and deliberate; or in particular circumstances.

  • Second-Degree Murder: Other murders.

  • Infanticide: The killing of a newborn by the mother with mental disturbance.

  • Manslaughter: Other culpable homicides not fitting other categories.

Chapter 9–Role of the Jury

  • Qualifications for Jury Duty: Canadian citizen, 18+, and a resident of the province.
  • Jury Selection: Potential jurors are randomly selected from electoral rolls. Challenges include challenges for cause (stated reasons) or peremptory challenges (no stated reason).
  • Criminal Trial Process:
    • Adversarial system: Crown vs. accused. Burden of proof rests on the Crown (beyond a reasonable doubt).
    • Jury roles and responsibilities, including choosing a foreperson and taking an oath.
    • Witnesses' examination (direct and cross-examination). The role of and order of opening statements.

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This quiz covers Chapter 6 on the Nature of Crime, focusing on defining crime, elements of a crime, and the critical concepts of actus reus and mens rea. It explores the significance of these legal principles in convicting offenders. Test your understanding of how crimes are defined and prosecuted within the legal system.

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