Criminal Law Concepts

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What is the definition of homicide?

The killing of one person by another, which can be criminal or non-criminal

What is the difference between 1st and 2nd degree murder?

1st degree is premeditated, while 2nd degree is not

What is the primary difference between manslaughter and murder?

Manslaughter is unintentional, while murder is intentional

What is the name of the Canadian serial killer who was convicted of multiple murders?

Paul Bernardo

Who was the accomplice to Paul Bernardo in multiple crimes?

Karla Homolka

What is the punishment for certain crimes in Canada?

Capital punishment

What is the legal age at which a person can be charged with a crime under the YCJA?

12 years old

What is a crucial element required to prove a crime?

Actus reus and mens rea

What is the term for the conditional release from prison after serving a portion of a sentence for murder?

Parole

What type of homicide is the McDonald's Murders an example of?

Mass Shooting

What is the term for punishment imposed as a form of vengeance for the crime committed?

Retribution

What type of factors reduce the severity or culpability of a crime?

Mitigating Factors

What is the term for previous judicial decisions used as a benchmark for future cases?

Precedent

What is the main difference between 1st degree murder and 2nd degree murder?

Premeditation and planning

What type of homicide is the Gagnon's Sports Murders an example of?

Mass Shooting

What is the term for operating a vehicle with blood alcohol content over legal limits?

Impaired Driving

Which type of homicide is characterized by unintentional killing due to recklessness or criminal negligence?

Manslaughter

What is the main distinction between a summary offence and an indictable offence?

Type of court in which it is tried

What type of sentencing requires multiple sentences to be served one after the other?

Consecutive Sentencing

What is the defence of automatism?

Claim of involuntary action due to a state of unconsciousness

What is an aggravating factor in a criminal offence?

Circumstance increasing the severity of an offense

What is the main difference between assault and aggravated assault?

Type of harm caused to the victim

What is the defence of intoxication?

Claim of impaired mental state due to drugs or alcohol

What is the main difference between a hybrid offence and an indictable offence?

Option to prosecute as either summary or indictable

Study Notes

Types of Weapons and Crimes

  • Non-restricted weapons: standard firearms with less regulations
  • 2nd Degree Murder: intentional killing without premeditation or planning
  • 1st Degree Murder: premeditated, intentional killing with malice aforethought
  • Manslaughter: unintentional killing resulting from reckless or negligent actions
  • 3 levels of assault:
    • Simple Assault: minor physical contact without consent
    • Assault Causing Bodily Harm: causing injury that interferes with health or comfort
    • Aggravated Assault: serious harm or wounding of the victim
  • Harassment: repeated, unwanted behavior causing fear or distress
  • Sexual Assault: any non-consensual sexual act or behavior
  • Actus reus/mens rea: "guilty act" and "guilty mind" respectively; physical act and mental state needed to prove a crime
  • Motive: the reason behind committing a crime
  • Perjury: lying under oath in a legal proceeding
  • Fraud: deception intended to result in financial or personal gain

Youth Criminal Justice Act (YCJA)

  • Applies to individuals aged 12-17
  • Minimum age of 12 for charging a crime

Property Crimes

  • Break and Enter: illegal entry into a building with intent to commit a crime
  • Theft: categorized by the value of stolen property (e.g., under/over $5000)
  • Robbery: theft involving violence or threat of violence
  • Arson: deliberate setting of fire to property
  • Homicide: the killing of one person by another, can be criminal or non-criminal
  • Capital Punishment: death penalty for certain crimes
  • Intoxication: defense where the accused claims impaired mental state due to drugs or alcohol
  • Self-Defense: justification for using force to protect oneself from imminent harm
  • Automatism: defense where the accused claims involuntary action due to a state of unconsciousness or automatism

Sentencing

  • Concurrent/Consecutive: multiple sentences served at the same time or one after the other
  • Goals of Sentencing: deterrence, rehabilitation, retribution, and public protection
  • Parole for Murder: conditional release from prison after serving a portion of a sentence for murder
  • Retribution: punishment imposed as a form of vengeance for the crime committed
  • Mitigating/Aggravating Factors: circumstances that reduce or increase the severity or culpability of a crime

Test your knowledge of various criminal law concepts, including types of weapons, degrees of murder, assault, and manslaughter.

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