Criminal Law Concepts

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Questions and Answers

What is the definition of homicide?

The killing of multiple people by another

The killing of oneself

The killing of one person by another, which is always criminal

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

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

1st degree is only for juveniles, while 2nd degree is for adults

1st degree is for manslaughter, while 2nd degree is for homicide

1st degree is premeditated, while 2nd degree is not (correct)

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

What is the primary difference between manslaughter and murder?

Manslaughter is only for non-criminal cases, while murder is for criminal cases

Manslaughter is unintentional, while murder is intentional (correct)

Manslaughter is always intentional, while murder is not

Manslaughter is only for juveniles, while murder is for adults

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

Paul Bernardo Signup and view all the answers

Who was the accomplice to Paul Bernardo in multiple crimes?

Karla Homolka Signup and view all the answers

What is the punishment for certain crimes in Canada?

Capital punishment Signup and view all the answers

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

12 years old Signup and view all the answers

What is a crucial element required to prove a crime?

Actus reus and mens rea Signup and view all the answers

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

Parole Signup and view all the answers

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

Mass Shooting Signup and view all the answers

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

Retribution Signup and view all the answers

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

Mitigating Factors Signup and view all the answers

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

Precedent Signup and view all the answers

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

Premeditation and planning Signup and view all the answers

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

Mass Shooting Signup and view all the answers

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

Impaired Driving Signup and view all the answers

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

Manslaughter Signup and view all the answers

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

Type of court in which it is tried Signup and view all the answers

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

Consecutive Sentencing Signup and view all the answers

What is the defence of automatism?

Claim of involuntary action due to a state of unconsciousness Signup and view all the answers

What is an aggravating factor in a criminal offence?

Circumstance increasing the severity of an offense Signup and view all the answers

What is the main difference between assault and aggravated assault?

Type of harm caused to the victim Signup and view all the answers

What is the defence of intoxication?

Claim of impaired mental state due to drugs or alcohol Signup and view all the answers

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

Option to prosecute as either summary or indictable Signup and view all the answers

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

Legal Concepts

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

Other Crimes and Legal Concepts

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

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