Introduction to Criminology and Criminal Law

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Questions and Answers

What is mens rea?

The legal consequence of an action

The rights of the victim

The intention or guilty mind behind a crime (correct)

The physical act of a crime

Indictable offences typically carry lighter sentences than summary offences.

False

What does actus reus refer to?

The physical component of a crime

The standard of proof required to establish a guilty intention in a crime is known as __________.

mens rea Signup and view all the answers

Match the following types of mens rea with their definitions:

Recklessness = Conscious disregard of a substantial risk Willful Blindness = Choosing not to know about illegal conduct Knowledge = Awareness that one's actions are likely to cause a crime Motive = The reason behind committing a crime Signup and view all the answers

Which of the following is considered a hybrid offence?

A crime that can be treated as either summary or indictable Signup and view all the answers

Fear of victimization can influence people's daily routines.

True Signup and view all the answers

What determines the requisite intention for an offence in criminal law?

The Crown must prove the accused's intention at the time of the offence. Signup and view all the answers

Summary offences are generally tried by a __________.

judge alone Signup and view all the answers

What is a common characteristic of indictable offences?

They can result in lengthy sentences Signup and view all the answers

What is the primary purpose of criminal law?

To impose sanctions on wrongful behavior Signup and view all the answers

Parliament has the exclusive power to administer justice in the provinces.

False Signup and view all the answers

What is one of the key elements outlined in the Criminal Code?

Actions that are considered crimes Signup and view all the answers

The two purposes of criminal law are __________ and protection of society.

retribution Signup and view all the answers

Match the following aspects of criminal law with their definitions:

Retribution = Providing a fitting response to wrongdoing Legal moralism = Preventing immorality Private harm principle = Harm to individuals Protection of society = Preventing crime and ensuring public security Signup and view all the answers

Who is responsible for prosecuting alleged criminals?

The state on behalf of society Signup and view all the answers

The Criminal Code exclusively defines the penalties for all crimes in Canada.

False Signup and view all the answers

What do the provinces have the power to establish according to Section 92 (14)?

Provincial police force Signup and view all the answers

The __________ principle aims to prevent harm to the self.

legal paternalism Signup and view all the answers

Which section of the constitution gives provinces power over prisons?

Section 92 (6) Signup and view all the answers

Study Notes

Criminology

Criminology analyzes the nature, causes, and means of dealing with crime.

Crimes

Crimes are wrongful acts recognized by the state as deserving control and punishment for the benefit of society.
Accused criminals are prosecuted by the state on behalf of society.

Criminal Law

Section 91 (27) of the Constitution gives Parliament the power to create criminal laws and amend the Criminal Code.
Section 92 (14) gives provinces authority to administer justice, prosecute offenses, and establish provincial police forces such as the OPP.
Section 91(28) designates Parliament's sole authority over penitentiaries (prisons for those sentenced to two years or more).
Section 92(6) grants provinces jurisdiction over provincial prisons for those with lighter sentences

Criminal Code

The Criminal Code is a legislation enacted and amended by the federal parliament.
It outlines which actions are considered crimes, how offenses are prosecuted, and the penalties imposed..

Judge-made Criminal Law

While the Criminal Code defines offenses, judges interpret their application.

Need for Criminal Law

Criminal law labels wrongful behavior, identifies violations, and imposes sanctions.
These actions achieve two goals: retribution and protection of society.

Retribution

Retribution provides a fitting response to wrongdoing.
It should be just and uphold the rights of the accused.

Protection of Society

Criminal law aims at public security and crime prevention.
The law addresses various harm principles: private harm, public harm, offense principle, legal paternalism, and legal moralism.

Who Commits Crimes?

Many factors are considered to explain crime, including physiology, biology, psychology, sociology, politics, and economics.

Victims of Crime

Fear of victimization may alter daily routines to deter crime.
Justice systems consider victims' rights and roles in the legal process.

Elements of an Offence

Mens Rea: blameworthy mental state ("guilty mind") is a key element of a crime.
Actus Reus: physical component of a crime ("guilty act").

Elements of an Offence (Interpretative Presumption)

When analyzing crimes under the Criminal Code, mens rea is presumed to be necessary for every element of the actus reus.
Objective Standard: blame is determined by if the accused failed to meet the standard of a reasonable person.
Subjective Standard: The prosecution must prove the accused had the specific intent at the time of the crime.
Requisite Intention: the specific mental state the crown needs to establish for a conviction.

Intention

After proving the actus reus, prosecutors need to show the accused's mens rea (intention).
Common types of mens rea include recklessness, willful blindness, knowledge, motive, attempt, and conspiracy.

Indictable Offences

Indictable offenses are more serious crimes, including violence with weapons or injury.
Punishments are longer.
Trials can be by a judge alone, or a judge and jury.

Summary Offences

Summary offences are less serious crimes.
Maximum punishments are six months imprisonment or a $2,000 fine.
Less severe punishments are available, such as probation, discharges, or suspended sentences.
Trials are handled by a judge alone.

Hybrid Offences

Hybrid offenses can be classified as either summary conviction or indictable offences.
The Crown Attorney decides the appropriate classification.
The circumstances of the crime and the effect on the victim influence the decision.

Regulatory Offenses

These offenses relate to regulations such as traffic, pollution, and unethical commercial practices.

Absolute Liability Offences

In absolute liability offenses, the prosecution does not need to prove mens rea.
The accused has no opportunity to argue lack of knowledge or intent.

Strict Liability Offences

In strict liability offenses, mens rea isn't required to be proven by the prosecution.
The accused can still argue they exercised reasonable care to prevent the offense.

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Description

Explore the fundamental concepts of criminology, including the nature and causes of crime. Understand the roles of criminal law and the Criminal Code in governing offenses and their prosecution. This quiz covers essential sections of the Constitution related to criminal justice in Canada.