Criminal Law Overview and Evolution
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Questions and Answers

What does the blindfold worn by Lady Justice symbolize?

  • The power of the judicial system
  • The impartiality of the justice system (correct)
  • The ability to see all evidence clearly
  • The importance of public opinion in verdicts

    • What legal principle underlies the common law system?

  • Equity standards
  • Judicial review
  • Stare decisis (correct)
  • Legislative enactments

    • Who is credited with establishing the British common law system?

  • King William the Conqueror
  • King Henry II (correct)
  • King Henry VIII
  • King John

    • What is the primary function of the balancing scales represented in Lady Justice?

    <p>To weigh the evidence impartially in court</p> Signup and view all the answers

    What does the rule of law ensure?

    <p>That no one is above the law</p> Signup and view all the answers

    What is the outcome for individuals found Not Criminally Responsible (NCR)?

    <p>They are sent to a mental health institution without a set sentence.</p> Signup and view all the answers

    Who has the authority to decide if a person found NCR can be released into the community?

    <p>A review board consisting of various professionals.</p> Signup and view all the answers

    What is a primary concern regarding the NCR defense?

    <p>It raises questions about premeditation related to mental illness.</p> Signup and view all the answers

    What indicates the nature of sentencing for individuals found NCR?

    <p>They are subject to indefinite detention based on risk assessments.</p> Signup and view all the answers

    What type of issues may arise from the NCR verdict for the individual involved?

    <p>They may experience significant stigma and societal exclusion.</p> Signup and view all the answers

    What significant change does the introduction of the rape shield law bring to legal proceedings?

    <p>Survivors are protected from slutshaming in court</p> Signup and view all the answers

    Which of the following accurately describes mens rea?

    <p>The intent or knowledge of wrongdoing</p> Signup and view all the answers

    Under the revised legal circumstances, which of these cannot be regarded as a form of valid consent?

    <p>Consent given by an unconscious person</p> Signup and view all the answers

    What is the significance of eliminating the statute of limitations for certain crimes?

    <p>Victims are not pressured to report immediately</p> Signup and view all the answers

    What does actual consent require in a legal context?

    <p>Consent must be given freely and actively</p> Signup and view all the answers

    Which of the following scenarios illustrates a crime of omission?

    <p>A caregiver failing to administer necessary medication</p> Signup and view all the answers

    What does extreme intoxication refer to in the context of consent and legal proceedings?

    <p>Legal intoxication that cancels consent</p> Signup and view all the answers

    Which term best describes the mental state of wilful blindness?

    <p>Ignorance is bliss regarding illegal acts</p> Signup and view all the answers

    What characteristics must alibi evidence have to be considered valid?

    <p>It must be adequate and timely.</p> Signup and view all the answers

    At what age does an individual begin to have full criminal responsibility in Canada?

    <p>18 years</p> Signup and view all the answers

    What is the maximum sentence for first-degree murder for a youth in Canada?

    <p>10 years with 6 years custody and 4 years in community.</p> Signup and view all the answers

    In which countries is the minimum age for criminal responsibility 10 years?

    <p>England and Australia</p> Signup and view all the answers

    Which legislation governs the treatment of youth in Canadian criminal law?

    <p>The Youth Criminal Justice Act (2003)</p> Signup and view all the answers

    What concept explains that a person can only be guilty of a crime if their mind is equally guilty?

    <p>Actus non facit nisi mens sit rea</p> Signup and view all the answers

    What is considered a strong alibi evidence?

    <p>Providing receipts and CCTV footage.</p> Signup and view all the answers

    Which of the following defines the age range of youth in Canadian criminal law?

    <p>12 to 17 years</p> Signup and view all the answers

    What principle was established by the Magna Carta regarding the monarch?

    <p>Even the monarch is subject to the law.</p> Signup and view all the answers

    What significant change did Bill C-127 introduce in 1983?

    <p>It abolished the offense of rape and replaced it with sexual assault.</p> Signup and view all the answers

    What was a requirement for sexual assault cases prior to 1983?

    <p>The victim had to report immediately.</p> Signup and view all the answers

    What is the maximum sentence for Sexual Assault Level 1 under Bill C-127?

    <p>6 - 18 months</p> Signup and view all the answers

    Which of the following defenses could be used in a sexual assault case prior to 1983?

    <p>Implied consent was accepted as a defense.</p> Signup and view all the answers

    What was one of the main factors contributing to the lack of convictions for sexual assault in 1982?

    <p>The gender of the victim and accused.</p> Signup and view all the answers

    What constitutes Sexual Assault Level 3?

    <p>Involves wounding, disfiguring, or endangering the life of the victim.</p> Signup and view all the answers

    What is required for implied consent to be considered valid prior to 1983?

    <p>Subjective interpretations of victim's behavior.</p> Signup and view all the answers

    In the example case mentioned, what was the act that raised the question of sexual assault?

    <p>Removing a condom during intercourse without consent.</p> Signup and view all the answers

    What behavior was exhibited in the case of the new football player at St Michael's College?

    <p>He was hazed and sexually assaulted.</p> Signup and view all the answers

    What fundamental legal principle applies to individuals diagnosed with mental illness regarding their likelihood of reoffending?

    <p>They are less likely to reoffend due to medication and rehabilitation.</p> Signup and view all the answers

    Which of the following describes automatism as a legal defense?

    <p>The defendant acted without control due to impaired consciousness.</p> Signup and view all the answers

    In cases of self-induced intoxication, what statement accurately reflects the legal stance?

    <p>Voluntary self-induced intoxication is not a valid defense.</p> Signup and view all the answers

    What was the outcome of Kenneth Parks' trial for killing his mother-in-law and attacking his father-in-law?

    <p>He was acquitted based on a finding of not guilty due to automatism.</p> Signup and view all the answers

    What is a key distinction between a mistake of law and a mistake of fact?

    <p>Mistake of law involves ignorance of the law; mistake of fact involves a misunderstanding of circumstances.</p> Signup and view all the answers

    Which of the following is an acceptable justification defense?

    <p>The accused admits the act but insists it was justified in the circumstances.</p> Signup and view all the answers

    In the case of Thomas Chan, what was a significant factor that contributed to his legal outcome?

    <p>He was under the influence of magic mushrooms at the time of the incident.</p> Signup and view all the answers

    What expectation might a jury have regarding the behavior of a mentally ill defendant in court?

    <p>They will likely see erratic or stereotypical mentally ill behaviors.</p> Signup and view all the answers

    What implication does the term 'indeterminate sentence' carry for individuals with mental illness?

    <p>Their incarceration duration is unpredictable and based on rehabilitation success.</p> Signup and view all the answers

    Which of the following best describes how the legal system views self-induced intoxication in relation to accountability?

    <p>It is not a defense if the intoxication was self-induced.</p> Signup and view all the answers

    Study Notes

    Criminal Law

    • Lady Justice symbolizes impartiality and power within the justice system.
    • The blindfold signifies no bias.
    • The scales represent weighing evidence fairly.
    • The sword represents the system's authority to punish.

    Evolution of Criminal Law

    • Canadian criminal law is rooted in British common law.
    • King Henry II (1154-1159) is credited with establishing its foundations.
    • Laws were initially based on surrounding areas to later become standardized judge-made laws (common law).
    • Precedence (stare decisis) is the legal principle used to base decisions on previous case rulings. This ensures consistency and predictability.
    • Rules of law ensure no one is privileged above the law.

    Other Points

    • Bill C-127 (1983): Abolished the offense of rape and replaced it with "sexual assault"
    • Different levels of sexual assault are defined by severity.
    • The rule of law ensures accountability for everyone.

    Rape Laws Pre-1983

    • Victims were limited by gender (female) and accused (male).
    • Marriage between the victim and accused was often not a factor
    • Prior sexual interactions between parties could be used in court.
    • Consent may be implicit/verbal or explicit by a victim.
    • In cases of sexual assault, the victim needing to make a prompt report was crucial

    Other Points

    • Hazing (2018): St. Michael's College, new football player was brutally attacked with a broom, which was reported on social media.
    • Sexual Assault Case Example (Page 3): If someone removes a condom during sex, does this constitute sexual assault?

    Age of Responsibility

    • A person under 12 years old in Canada is not held criminally responsible.

    Other Points

    • Rape laws (1983-present): Introduced protections for victims and clarified legal definitions of consent and sexual violence.
    • Actus Reus: Physical act or omission in a crime.
    • Mens Rea: Guilty mind or intent in a crime.
    • Doctrine of recent complaint: Victims must report to law enforcement quickly for evidence to stand in court

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    Description

    Explore the foundations and principles of criminal law, including the evolution of Canadian criminal law from British common law. Understand symbols like Lady Justice and the implications of landmark legislation such as Bill C-127. This quiz covers significant milestones and ensures an understanding of legal accountability.

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