Podcast
Questions and Answers
Which of the following is an example of an indictable offence?
Which of the following is an example of an indictable offence?
Willful blindness can protect a person from being charged with a crime.
Willful blindness can protect a person from being charged with a crime.
False
What are aggravating factors in the context of a crime?
What are aggravating factors in the context of a crime?
Factors that increase the severity of a crime.
The ____ of doing something illegal is referred to as Actus Reus.
The ____ of doing something illegal is referred to as Actus Reus.
Signup and view all the answers
Which of the following is NOT a mitigating factor?
Which of the following is NOT a mitigating factor?
Signup and view all the answers
Match the following terms with their definitions:
Match the following terms with their definitions:
Signup and view all the answers
Sentencing circles involve a jury determining the appropriate punishment.
Sentencing circles involve a jury determining the appropriate punishment.
Signup and view all the answers
What is the burden of proof?
What is the burden of proof?
Signup and view all the answers
What is the primary difference between absolute liability and strict liability offences?
What is the primary difference between absolute liability and strict liability offences?
Signup and view all the answers
Culpable homicide refers to killings for which one is not legally responsible.
Culpable homicide refers to killings for which one is not legally responsible.
Signup and view all the answers
What term describes someone who assists the perpetrator after a crime has been committed?
What term describes someone who assists the perpetrator after a crime has been committed?
Signup and view all the answers
A person takes an unjustifiable risk in committing a crime; this is referred to as ________.
A person takes an unjustifiable risk in committing a crime; this is referred to as ________.
Signup and view all the answers
Match the following types of homicide with their definitions:
Match the following types of homicide with their definitions:
Signup and view all the answers
Which of the following describes the concept of willful blindness?
Which of the following describes the concept of willful blindness?
Signup and view all the answers
Provocation is a wrongful act that results in the loss of self-control.
Provocation is a wrongful act that results in the loss of self-control.
Signup and view all the answers
Define 'Corpus Delicti' in the context of crime investigation.
Define 'Corpus Delicti' in the context of crime investigation.
Signup and view all the answers
Which of the following is NOT a goal of sentencing?
Which of the following is NOT a goal of sentencing?
Signup and view all the answers
Intoxication can be used as a defense in cases of rape.
Intoxication can be used as a defense in cases of rape.
Signup and view all the answers
What is the term for a release from imprisonment for good behavior, typically after serving a significant portion of a sentence?
What is the term for a release from imprisonment for good behavior, typically after serving a significant portion of a sentence?
Signup and view all the answers
In Canada, a provincial sentence is for less than _____ years.
In Canada, a provincial sentence is for less than _____ years.
Signup and view all the answers
Match the following types of custody with their descriptions:
Match the following types of custody with their descriptions:
Signup and view all the answers
Which of the following is an example of a defense that can be invoked due to the circumstances of the crime?
Which of the following is an example of a defense that can be invoked due to the circumstances of the crime?
Signup and view all the answers
Youth can consult a lawyer and have their identity protected during legal proceedings.
Youth can consult a lawyer and have their identity protected during legal proceedings.
Signup and view all the answers
What is the term for the government encouraging someone to commit a crime and then charging them?
What is the term for the government encouraging someone to commit a crime and then charging them?
Signup and view all the answers
What is the primary purpose of bail?
What is the primary purpose of bail?
Signup and view all the answers
Locard’s Principle states that the perpetrator will leave evidence at a crime scene.
Locard’s Principle states that the perpetrator will leave evidence at a crime scene.
Signup and view all the answers
Name one type of property offence.
Name one type of property offence.
Signup and view all the answers
The act of possessing stolen goods is considered a form of __________.
The act of possessing stolen goods is considered a form of __________.
Signup and view all the answers
Match the following types of evidence with their descriptions:
Match the following types of evidence with their descriptions:
Signup and view all the answers
Which of the following is NOT a condition of bail?
Which of the following is NOT a condition of bail?
Signup and view all the answers
The CSI Effect refers to the positive impact of forensic science on the justice system.
The CSI Effect refers to the positive impact of forensic science on the justice system.
Signup and view all the answers
What is the main reason for denial of bail?
What is the main reason for denial of bail?
Signup and view all the answers
Study Notes
Colour of Right
- Genuine belief that someone had permission/ownership to use an item (e.g., "Keep it" when asked to use a neighbor's lawn mower).
- Willful blindness: Willingly committing a crime while pretending not to know the consequences. This does not eliminate the intent (mens rea).
Indictable Offences (Serious Offences)
- Serious offences requiring fingerprinting, trial by jury, and legal representation.
- Examples: murder, crimes involving weapons, rape, arson.
- Exceptions: driving while disqualified, theft under $5000, fraud, mischief. (These offences may have different legal procedures)
Summary Offences (Lighter Offences)
- Lesser seriousness offenses, without fingerprinting and usually heard by a judge (not jury).
- Examples: public nudity, joyriding, causing a disturbance.
Aggravating Factors (Increasing Severity)
- Similar offenses previously committed.
- Targeting vulnerable victims.
- Significant role in the crime.
- Level of planning in the crime.
- Severity of harm caused.
- Use of weapons.
Mitigating Factors (Decreasing Severity)
- Young age of the offender.
- Self-defense.
- Remorse for the wrongdoing.
- Insignificant role in the crime.
- Lack of prior criminal record.
- Physical or mental illness.
Sentencing Circles
- [Note: Information is missing about specifics of these circles]
Burden of Proof
- Proof beyond a reasonable doubt is needed to establish criminal responsibility.
- The Crown (prosecution) is responsible for proving the case.
- Usually for bail to be denied.
Actus Reus
- The act of committing a crime, (physical action or failure to act).
- Physical act done.
- Failure to act.
- State of being. (being in a place that is unlawful).
Mens Rea
- The mental element of the crime - intention to commit the crime.
- Intent vs. Motive (The "why" vs the "how" of the crime).
- Negligence: Failing to take reasonable care.
- Recklessness: Being aware of the risk and disregarding it.
- Willful blindness (discussed above).
Liabilities (Strict and Absolute)
- Strict and absolute liability offences only require the act to be proven. Knowledge or intent might not be required.
- Due diligence as a possible defense in strict liability cases (taking every possible preventative measure).
Perpetrator, Aiding and Abetting
- Perpetrator = person actively involved in the crime.
- Aiding = helping the perpetrator with the crime; not necessarily physically present.
- Abetting = encouraging the perpetrator without physical involvement.
Parties to an Offense
- People indirectly involved in a crime, i.e., Accessories after the fact (someone who helps a perpetrator escape after the crime.)
Party to Common Intention
- Shared responsibility for subsequent crimes committed during the course of a planned crime (or initial crime plan).
- Exception: Murder.
Crime
- An act or omission punishable by law.
- The government's responsibility to investigate and enforce the law.
Absolute and Strict Liability
- Strict liability: No need for mens rea (intent) to be proven
- Absolute liability: No defense possible.
Alibi
- Proving that the accused was elsewhere at the time of the crime.
Culpable and Non-Culpable Homicide
- Culpable: Killing another person with intent. Subcategories include first-degree, second-degree, and manslaughter.
- Non-culpable: Killing another person without intent and without responsibility (e.g., self-defense, accident, military service).
Provocation
- An action inciting someone to lose self-control.
Corpus Delicti
- proving that the crime was committed in the first place.
Locard's Principle
- Evidence of perpetrator will always be left at crime scene and some evidence of the crime scene will be on the perpetrator.
State of Being
- A form of Actus Reus; being in a prohibited location or owing property.
Bail
- Release from custody while awaiting trial.
- Conditions for release may be given.
Parole
- Release from prison under specific conditions for good behavior. Different levels exist.
Youth Justice/Criminal System
- Specific offenses and processes and considerations for youth.
Wrongful Convictions
- Miscarriages of justice when someone is falsely convicted.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge on key concepts in criminal law, including various types of offences, legal definitions, and important factors that influence sentencing. This quiz will cover topics such as actus reus, culpable homicide, and the distinction between absolute and strict liability offences.
