Criminal Law Test Review - May 28 PDF

Test Review–Tues May 28 TOTAL 65 marks Part A -True or False 10 marks Topics Include: Criminal Code of Canada The Criminal Code of Canada is a federal statute that contains the majority of criminal laws passed by Parliamen...

Test Review–Tues May 28 TOTAL 65 marks Part A -True or False 10 marks Topics Include: Criminal Code of Canada The Criminal Code of Canada is a federal statute that contains the majority of criminal laws passed by Parliament. The Criminal Code lists all of the offenses, sentences imposed and procedures to follow. Actus Reus Actus reus – the act itself “the guilty act” Demonstrates a voluntary action, omission or state of being prohibited by law. Parties to an Offense Parties to an offense are people not directly involved in a crime but are considered partly responsible for it. These people somehow assist the perpetrator to actually commit the crime. Attempted Crime Attempt is the intention to commit a crime, even when the crime is not completed Does not require Actus Reus but a guilty act begins when preparation turns into an attempted action Mens Rea is established as occurring at the beginning of the attempt Reasonable Doubt Beyond reasonable doubt means 101% sure that the person is guilty of the act, even though 1 person may think they are guilty that means they have created reasonable doubt. Duty Counsel A lawyer on duty in a courtroom or police station to give free legal advice to persons arrested or brought before the court. Witnesses A victim/witness testifies in court to provide evidence in the case. The witness can be called to give evidence by the prosecutor or by the defense. List of Crown witnesses must be given to the defense prior to the trial. Witnesses usually appear voluntarily Burden of Proof The Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt. must prove guilt beyond a reasonable doubt RCMP The Royal Canadian Mounted Police (RCMP) was formed in 1873 as the North-West Mounted Police and is now the federal police force in Canada. They provide investigative and protective services to the federal government and serve as the provincial police in all provinces and territories except Ontario and Quebec. Part B - Matching 11 marks Definitions: Show Cause Hearing - a judicial hearing in which the Crown of the accused has to convince the judge either to detain or release the accused before trial. Physical Evidence - Any object, impression, or body element that can be used to prove or disprove facts relating to an offense. Recognizance - a guarantee that the accused will appear in court when required, under penalty of a fine up to $500. Perimeter - the area surrounding the center of a crime scene, where the offender may have left evidence. Contamination - the loss, destruction, or alteration of physical evidence. Search Warrant - a court document that gives the police the right to search a specific location. Citizen’s Arrest - an arrest without a warrant by any person other than a peace officer Latent Fingerprint - a print formed by natural oils and perspiration on the fingertip that is invisible to the naked eye. Chain of Custody - the witnessed, written record detailing dates, times, and circumstances of evidence handling by all of the people who had control over items of evidence. Centre - the immediate area in which the offense was committed. Class Characteristics - general attributes of an object such as type, make, model, size, and style. Part C - Short Answer 10 questions - 45 marks Topics Include- Conditions of a Crime 1.The act is considered wrong by society 2.The act causes harm to society in general or to people who need protection. (minors) 3.The harm must be serious. 4.The remedy must be handled by the criminal justice system. Elements of a Crime Mens Rea: - Intent - Knowledge - Criminal Negligence - Recklessness - Willful Blindness Actus Reus - Voluntary Action - Omission - State of Being General/Specific intent 1. General Intent - The desire to commit a wrongful act, with no ulterior motive or purpose. 2. Specific Intent – The desire to commit one wrongful act for the sake of accomplishing another. Parties to an Offense - Perpetrator - Aider - Abettor - Counselor - Accessory After the Fact KNOW WHAT THEY DO ⭐️⭐️ Players in the Courtroom diagram in notes JUDGE The judge or justice is in charge of the Court. He or she listens to what is said in court and decides if the accused is guilty, unless there is a jury that makes this decision instead. Ensures rules of the courtroom are followed Decides sentence if guilty verdict is delivered Instructs jury on procedures DEFENSE COUNSELOR A defense lawyer is a lawyer who represents a person charged with a criminal offense Ensures that the accused legal rights are protected ACCUSED The accused is the person charged with committing a criminal offense. Plea Bargaining Accused agrees to plead guilty to a less serious charge if the crown drops a more serious charge. Ex. Murder to manslaughter Benefits: - Shorter trials - Saves Money - Provides police with valuable information - Certainty of accused at least being guilty of something Cons: - Criminal gets off easy, public loses confidence - Equity, is not fair to others who aren't offered plea bargain - Police tend to overcharge Forms of Evidence 1. Circumstantial evidence A form of evidence that allows a judge or jury to infer and accept a fact based on a set of known circumstances. A fact that can be used to infer another fact.  2. Direct Evidence An eyewitness has seen or heard the alleged events, or some real evidence is provided which proves a fact in question. (The fact in question must prove the guilt of the accused) 3. Physical Evidence Evidence that consists of physical objects that can be offered into evidence. Examples: weapons, tools, fingerprints, blood 4. Demonstrative Evidence Evidence that is prepared by an attorney in an effort to assist the trier of fact in visualizing or comprehending other evidence. Examples: charts, maps, photographs, crime sketches Search Warrants WHEN A WARRANT IS NOT NEEDED 1. It’s an emergency 2. You’re under arrest (only you, and the arrest has to be lawful) 3. You consent 4. Plain view 5. Controlled Drugs and Substances Act – police may search without a warrant any place that is not a residence. They can also search anyone found inside a place. 6. Provincial Liquor laws – can search a car for illegal liquor\ WHEN NEEDED