CLU 3U Review - Unit 03 PDF

Colour of Right: Genuine belief that person had permission/ownership to use the item (ie. “Keep it” when asked to use the neighbour’s lawn mower) Willful Blindness: Willingly doing a crime and pretending or “closing your eyes” to not know the consequences, because why not! (...

Colour of Right: Genuine belief that person had permission/ownership to use the item (ie. “Keep it” when asked to use the neighbour’s lawn mower) Willful Blindness: Willingly doing a crime and pretending or “closing your eyes” to not know the consequences, because why not! (DOES NOT AVOID MENS REA) Indictable Offence: Serious Offence You will get fingerprinted, serious offence (YOU will get trial by jury and a lawyer) ○ Examples: Murder, Weapon related crimes, Rape, Arson ○ Exceptions: Driving while disqualified, theft/fraud/mischief, theft under 5000 Summary Offences: Lighter/Less Serious Offences, you CANNOT get fingerprinted, Case heard by judge only ○ Examples: Public Nudity, Joyriding, causing disturbance Aggravating Factors: Increasing severity of a crime ○ Similar Offences previously ○ Targeting vulnerable ○ Significant role in crime ○ What degree person planned the action ○ Severity of harm caused ○ Weapons used Mitigating Factors: Decreasing severity of a crime ○ Young age ○ Self-defence ○ Remorse of wrongdoing ○ Insignificant role of crime ○ No prior criminal record ○ Having physical and mental illness Sentencing Circles: ??? Burden of Proof: Proof without a doubt that person is criminally responsible (claim is undeniably valid) ○ Job of the Crown ○ Usually for Bail to be denied as well Actus Reus: The Act of doing something illegal (actually committing the crime) ○ Physical Act - Physical Act Done ○ Failure to Act - Failure to do something a normal person would ○ State of Being - Not in the act/doing the act, but still Actus Reus (being in a betting house, etc) Mens Rea: The thought of doing something illegal (having intention to commit the crime) ○ Intent vs. Motive - Intent is how much the person (mentally) is able to break the law - Motive is the reason why the person is committing the crime ○ Negligence - Reckless disregard for the lives and safety of other ○ Recklessness - Person takes a unjustifiable risk in doing xyz ○ Willful Blindness - Done above ○ Liabilities (both Strict and Absolute) - For strict liability and absolute liability offences, it is enough to show that the act (or omission) occurred, regardless of whether the person meant to do it or knew it was wrong. - Strict liability can be defended using due diligence Perpetrator: Person actively involved in said crime Aiding: Helping Perpetrator commit the crime (not physically present necessarily) Abetting: Encouraging perpetrator of the crime without providing physical assistance (person must know criminal action was present) Parties to an Offence: People indirectly involved in in committing a crime Accessory after the fact: Someone who consciously and knowingly receives, comforts, or assists perpetrator in escaping from police Party to common intention: Shared responsibility to criminals for any additional criminal offences committed in the course of the crime they originally intended to do ○ Exception: Murder Crime: Act or omission that is prohibited punishable by federal statute, offence to the whole people, government’s job to investigate and act against the crimes Absolute and Strict Liability: Strict → Offences that do not need Mens Rea but can be defended (due diligence: You took every possible precaution to avoid crime) Absolute → Offences that do not need Mens Rea and cannot be defended (driving without license) Alibi: Prove that accused was somewhere else at the time and scene of the crime Culpable and Non-Culpable Homicide: Culpable → Killing of person and can make you legally responsible ○ First Degree (has intent, has premeditation) ○ Second Degree (has intent, lacks premeditation) ○ Manslaughter (lacks intent) ○ Infanticide Non-Culpable → Killing of person that you are not legally responsible for ○ Self-Defence ○ Accident ○ Military Service Provocation: Wrongful act or insult that would cause person to lose self-control (acting all of the sudden) Corpus Delicti: Before investigation, must prove that there is evidence and a crime has actually been committed ○ Ie. a body found Locard’s Principle: Perpetrator of the crime will always bring some evidence in and some evidence out of a crime scene State of Being: Not an act or omission, but still Actus Reus (Possession of stolen goods, in a betting house, break-in tools) Bail: Definition: Released from custody while awaiting trial ○ Denial Primary Ground → ensure Perpetrator is there to attend court Secondary Ground → Protect public, victims, and witnesses from them Tertiary Ground → If weapons used, severity of crime, ensure administration of justice ○ Conditions House Arrest Not talking to or going near person or place Surrendering passport (restrict movement) ○ Reasons/Purpose Ensure those charged of offence appear in court Maintain public safety Maintain public confidence in justice system The Extras (from Bingo): Purpose of Criminal Law ○ Preserve Decency ○ Maintain Order ○ Protect People Policing Levels ○ Municipal ○ Provincial (OPP, for rural towns and 400 highways) ○ Federal (RCMP, for immigration and territories) The Types of Evidence ○ Real Physical Class Characteristics Individual Characteristics Biological Trace ○ Demonstrative ○ Documentary ○ Testimonial ○ Miscellaneous CSI Effect ○ Unrealistic expectations for the validity of Forensic Science Involvement in Crime ○ Counselling (basically strong abetting) Property Offences ○ Theft  ○ Robbery (Theft with violence) ○ Breaking and Entering Drug Offences ○ Possession ○ Trafficking ○ Money Laundering Other Criminal Offences ○ Mischief (willing damaging property) ○ Fraud (deceiving someone resulting in loss of money, etc) ○ Solicitation of Prostitution ○ Disorderly House (running gambling house) Reasonable Grounds ○ Belief of proof to arrest someone (probability to committing act) Rights to Defence ○ Deny doing to act ○ Deny intent of doing the act Mental! Mental Disorder Automatism (sleepwalking) (insane→Disorder, non-insane → no disorder) Intoxication (Alcohol, not excuse in rape) ○ Trying to justify the act Aboriginal/Treaty Rights Defence of Dwelling Necessity Compulsion/Duress Self-Defence Battered Spouse ○ Others Mistakes of Law Mistakes of Fact Entrapment ○ Government tells someone to do a crime then charges them it Goals of sentencing ○ Protect the public ○ Retribution ○ Restitution ○ Deterrence ○ Rehabilitation Lengths of Imprisonment ○ Indeterminate Sentence (Indefinite, for dangerous offenders) ○ Concurrent (One after the other, rare in Canada) ○ Provincial is for less than 2 years ○ Federal is for more than 2 years  Maximum (yes external and armed) Medium (yes external no armed) Minimum (no external or armed) Parole ○ Release inmate for good behaviour Unescorted Temporary (for personal reasons, brief) Day Parole (Absence from custody during day) Full Parole (Release from custody after ⅓ to ½ of the sentence) Statutory Release (Release after ⅔ of sentence) History of Young Offenders ○ Juvenile Delinquents Act ○ Young Offenders Act ○ Youth Criminal Justice Act Young People can: ○ Get a lawyer ○ Consult parent ○ Identity Protected (therefore: initials used in the case name) ○ Youth Justice Court ○ Destroyed after two years Youth Sentencing (custody): ○ Custody (Control in confined facility) ○ Open Custody (Youth stays in group home or raining camp, can be in community like school) ○ Secure Custody (Incarcerate youth in special facility) Wrongfully Convicted (ie. Miscarriage of Justice, Failure of Justice) ○ Occurs when someone gets arrested and stated guilty even if person did not commit said act ○ Main reason against the death penalty ○ Wrongfully convicted can get compensated for time spent unlawfully in prison ○ Causes Eyewitness Error False confession