Criminal Law Overview

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What are the three main types of criminal offences?

Traffic offences, public order offences, property offences

Summary conviction offences, indictable offences, hybrid offences (correct)

Felonies, misdemeanours, infractions

Civil offences, minor offences, major offences

Motive alone is sufficient to prove someone's guilt in a crime.

False

What is the purpose of the Criminal Code in Canada?

To outline criminal laws and define offences and penalties.

If all jurors do not agree, it results in a ______.

hung jury Signup and view all the answers

Which of the following is a common defence in court?

Duress Signup and view all the answers

What does aiding or abetting a crime involve?

Actively helping someone commit a crime. Signup and view all the answers

The steps of the general criminal process include bail decisions and evidence presentation.

True Signup and view all the answers

Match the following terms with their definitions:

Summary conviction offences = Less serious crimes Indictable offences = More serious crimes Hybrid offences = Can be treated as either summary or indictable Alibi = Proof that the defendant was elsewhere when the crime occurred Signup and view all the answers

Who cannot serve as a juror in Canada?

A police officer Signup and view all the answers

A hung jury means that the jury has reached a unanimous decision.

False Signup and view all the answers

What is the role of 'actus reus' in a crime?

It refers to the physical act or conduct that constitutes a crime. Signup and view all the answers

The Criminal Code in Canada provides a standardized legal framework defining __________, defenses, and procedures for justice.

offences Signup and view all the answers

How many jurors are typically required to reach a decision in a criminal trial?

12 Signup and view all the answers

Sequestering a jury is meant to expose them to external influences during deliberations.

False Signup and view all the answers

What happens if a jury cannot agree on a verdict?

A hung jury is declared, and a retrial may occur. Signup and view all the answers

Match the types of evidence with their admissibility status:

Gruesome evidence = Inadmissible Lie detector test results = Inadmissible Witness testimony = Admissible Physical evidence = Admissible Signup and view all the answers

Study Notes

Criminal Offences and Categories

Three main types of criminal offences: summary conviction (less serious), indictable (more serious), and hybrid (can be either).
Examples: theft (hybrid), murder (indictable).
Categories determine court procedure and consequences.

Motive in Crime

Motive is the reason behind a crime.
It explains but does not prove guilt.
Motive is helpful context, but needs actus reus and mens rea for conviction.

Defences in Court

Duress: Forced to commit a crime under threat.
Alibi: The defendant was elsewhere when the crime occurred.
Necessity: Urgent situation forced a crime (e.g., breaking a law to save a life).
Sleepwalking defence: Actions were involuntary due to unconsciousness.
Defences argue lack of intent or control, potentially reducing or eliminating liability.

Criminal Process Steps

Arrest by officers.
Accused released or held pending hearing (bail decision).
Hearing to decide if the case goes to trial.
Crown and defence present evidence.
Judge instructs the jury on applicable laws.
Jury deliberates and reaches a verdict.
Process ensures procedural fairness and the accused’s defensive opportunity.

Hung Jury

A hung jury occurs when required jurors do not agree.
The trial may need to be restarted.
Unanimous agreement is crucial in criminal cases to avoid reasonable doubt.

Aiding and Abetting

Aiding means actively assisting someone commit a crime (e.g., providing a weapon).
Abetting means encouraging or promoting the crime (e.g., giving instructions).
Aiding/abetting holds people accountable for facilitating crimes, even if not directly involved.

Criminal Code Purpose

The Criminal Code outlines criminal laws and penalties in Canada.
It aims for consistent application nationwide.
Provides a standardized legal framework for offences, defences, and procedures.

Jury Service Eligibility

Jurors must be adult citizens.
Must understand English. Cannot have significant physical/mental impairments affecting their judgment or serious indictable convictions.
Ineligible groups: police, politicians, prison guards, medical professionals.
Criteria ensure impartiality and competence.

Jury Deliberations and Unanimity

12 jurors are required for a criminal trial.
A unanimous jury decision is needed for a valid verdict.
A hung jury results if all jurors do not agree.
The possibility of a new trial arises in this scenario.

Jury Sequestration

Sequestration isolates the jury from external influences during deliberations.
This safeguards the integrity of their decision by preventing outside biases.

Actus Reus

Actus reus is the physical criminal act or omission.
It must be voluntary.
It's the tangible action of committing a crime, not thoughts or intentions.

Inadmissible Evidence

Some evidence, like gruesome evidence or lie detector test results, is inadmissible in court.
Such evidence might be unreliable or unduly prejudice a jury.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore the essentials of criminal offences, motives, and defenses in court. This quiz covers different categories of crimes, the reasoning behind criminal actions, and the key steps in the criminal process. Perfect for law students or anyone interested in understanding the legal system.