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?

Involves threats to a third party or uses weapons. Signup and view all the answers

What was one reason for reclassifying sexual assault in 1983?

To emphasize that sexual assault involves physical violence against another person. Signup and view all the answers

What is the penalty for Level 1 sexual assault?

Maximum of 10 years Signup and view all the answers

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

The victim is in a relationship with the accused. Signup and view all the answers

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

The right to exclude a juror based on a specific, articulated reason. Signup and view all the answers

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

20 Signup and view all the answers

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

The guilt of the accused beyond a reasonable doubt. Signup and view all the answers

What role does the jury serve in a criminal trial?

To act as the trier of facts and deliver a true verdict. Signup and view all the answers

What statement is true regarding peremptory challenges?

They allow the accused to control some aspects of jury selection. Signup and view all the answers

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

Opening statement Signup and view all the answers

What is the purpose of cross-examination?

To test the accuracy of testimony from the witness. Signup and view all the answers

Which of the following describes a directed verdict?

A judge's decision to withdraw a case and declare not guilty. Signup and view all the answers

What can occur during rebuttal in a criminal trial?

The Crown can introduce evidence to counter the defence's evidence. Signup and view all the answers

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

Crown must prove guilt beyond a reasonable doubt. Signup and view all the answers

What is the primary reason for preserving a crime scene?

To allow for a thorough search and collect physical evidence Signup and view all the answers

Which of the following correctly describes class characteristics of fingerprints?

General attributes belonging to a type of object Signup and view all the answers

What is the first step in collecting impression evidence?

Photograph or scan the impression Signup and view all the answers

Which of the following could be considered contaminated evidence?

Evidence that is altered or destroyed before collection Signup and view all the answers

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

By comparing the shoe size with known standards Signup and view all the answers

What does a police log serve as?

A record of events witnessed by an officer Signup and view all the answers

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

It may become contaminated and inadmissible Signup and view all the answers

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

Dusted with graphic powder Signup and view all the answers

Why are DNA samples significant in forensic investigations?

They can identify individuals from minimal biological material Signup and view all the answers

What information is essential for the chain of custody?

The dates and times evidence was handled Signup and view all the answers

What do forensic pathologists primarily investigate?

The cause and time of death of individuals Signup and view all the answers

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

Latent fingerprint Signup and view all the answers

What can glove impressions reveal about a suspect?

Both class and individual characteristics of the glove Signup and view all the answers

What is an important application of forensic science?

To analyze evidence using scientific techniques Signup and view all the answers

What is the maximum penalty for impaired driving causing death?

Life in prison Signup and view all the answers

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

The maximum penalty is 5 years if hybrid. Signup and view all the answers

What defines theft under the Criminal Code?

Taking property with the intent to deprive the owner permanently. Signup and view all the answers

When is a person guilty of money laundering?

If they conceal the illegal origin of money or property. Signup and view all the answers

What is the maximum punishment for theft over $5000?

10 years in prison. Signup and view all the answers

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

Subject to a maximum penalty of life imprisonment. Signup and view all the answers

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

Prostitution itself. Signup and view all the answers

Which offence is considered a hybrid offence?

Theft under $5000. Signup and view all the answers

What distinguishes fraud from other offences?

Requires the Crown to prove intentional deception. Signup and view all the answers

What is a key characteristic of possession concerning controlled substances?

The person must have knowledge and control over the substance. Signup and view all the answers

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

Intention to deceive others. Signup and view all the answers

What is the status of soliciting in relation to prostitution?

It is a summary conviction offence. Signup and view all the answers

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

5 years less a day. Signup and view all the answers

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

Enforce social conformity Signup and view all the answers

What does the term 'actus reus' refer to?

The voluntary act prohibited by law Signup and view all the answers

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

Specific intent Signup and view all the answers

How can criminal negligence be established?

By showing a reckless disregard for safety Signup and view all the answers

What is required to establish mens rea regarding knowledge?

Awareness of the legal consequences Signup and view all the answers

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

Aiding Signup and view all the answers

Which statement best describes 'absolute liability' offences?

Do not require mens rea and allow no defense Signup and view all the answers

What does 'wilful blindness' mean in legal terms?

Deliberately ignoring possible consequences Signup and view all the answers

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

Federal Bureau of Investigation Signup and view all the answers

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

Individuals who commit the crime together Signup and view all the answers

What is a key responsibility of municipal police forces?

Preserving the peace in towns and cities Signup and view all the answers

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

Encouraging someone to commit a crime Signup and view all the answers

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

Motive Signup and view all the answers

What characterizes a strict liability offence?

Does not require mens rea Signup and view all the answers

What does 'attempt' mean in criminal law?

Intentionally committing a crime that fails Signup and view all the answers

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

To inform the accused of charges without delay Signup and view all the answers

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

If they find a person committing a criminal offence Signup and view all the answers

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

The search is connected to the arrest and conducted reasonably Signup and view all the answers

What is the purpose of an appearance notice?

To require a defendant to attend a hearing Signup and view all the answers

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

A writ appealing the legality of detention Signup and view all the answers

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

The severity of the charges they face Signup and view all the answers

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

Summary offences carry lighter penalties Signup and view all the answers

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

The accused has committed an indictable offence while out on bail Signup and view all the answers

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

A search warrant Signup and view all the answers

What determines if an offence is treated as hybrid?

If the legislation specifies it can proceed as either summary or indictable Signup and view all the answers

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

Summary conviction offence Signup and view all the answers

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

10 years Signup and view all the answers

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

A bench warrant may be issued Signup and view all the answers

What is the maximum penalty for a Level 1 assault?

5 years Signup and view all the answers

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

Level 2 assault Signup and view all the answers

What is considered a defining feature of aggravated sexual assault?

Wounding or endangering the victim's life Signup and view all the answers

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

The victim consented verbally Signup and view all the answers

What distinguishes manslaughter from murder in legal terms?

Foreseeing potential death from an act Signup and view all the answers

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

Recognizing that marital rape can be charged Signup and view all the answers

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

Level 1 assault Signup and view all the answers

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

Deliberately causing death Signup and view all the answers

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

Max. 14 years Signup and view all the answers

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

Counseling suicide is a punishable offense Signup and view all the answers

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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Description

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.