Criminal Law Test Review Flashcards

Flashcards for CLU3M1 Criminal Law Test Review

What is Actus Reus?

The physical act of committing a crime.

What is Mens Rea?

The mental intent to commit a crime.

What is Criminal Negligence?

Reckless disregard for the safety of others.

What is Wilful Blindness?

Choosing to ignore the truth.

What is Strict Liability?

Liability where no intent is needed but due diligence might be a possible defence.

What is Absolute Liability?

Liability where no intent element or defence is allowed.

Define perpetrator in the context of criminal involvement.

The main person committing the offence.

Define Aiding in the context of criminal involvement.

Helping the perpetrator commit the crime.

Define Abetting in the context of criminal involvement.

Encouraging the crime.

Define Counselling in the context of criminal involvement.

Advising or planning the crime.

Define Accessory After the Fact.

Helping the criminal after the crime has been committed.

What is Party to Common Intention?

Shared intent to commit a crime.

What is required with Arrest & Detention Procedures?

Police must identify themselves, inform of reason for arrest and the rights.

What is an Appearance Notice?

A notice for persons committing minor offences that orders a court appearance.

When is Arrest without Warrant allowed?

If suspect is caught in the act or if there are reasonable grounds.

When can civilians perform a Citizen’s Arrest?

If a crime is witnessed.

What are Summary Offences?

Minor offences with less serious penalties.

What are Indictable Offences?

Serious crimes with higher penalties.

What is a Hybrid Offence?

Offences where the Crown chooses to proceed by summary or indictable route.

What is the role of the Criminal Division of Provincial Courts?

Handles less serious cases.

What is the role of the Superior Court?

Handles serious crimes and jury trials.

What is the role of the Judge in court?

Oversees the trial.

What is the role of the Defence in court?

Represents the accused.

What is the role of the Prosecution (Crown) in court?

Represents the state.

What is the role of the Jury in court?

Decides the verdict (in jury trials).

What is the composition of a jury?

12 impartial citizens, selected through vetting.

What is the Mental Disorder defense?

Accused incapable of understanding the act.

What is the Automatism defense?

Unconscious act (e.g., sleepwalking).

How can Intoxication be used as a defence?

May reduce intent, and is classified as specific vs. general intent crimes.

What is Self-Defence?

Using reasonable force to protect oneself.

What is the Battered Woman Syndrome defence?

Response to long-term abuse.

What is the Necessity defence?

Committing a crime when there is no legal alternative in an urgent situation.

What is the Compulsion/Duress defence?

Being forced to commit a crime by threats of harm.

What are the Goals of Sentencing?

Protection of the Public, Retribution (punishment), Deterrence (general & specific), Rehabilitation, Restitution (compensating victim), Denunciation (condemning conduct).

What are Aggravating Factors in sentencing?

Factors that increase the sentence (e.g., hate crimes).

What are Mitigating Factors in sentencing?

Factors that decrease the sentence (e.g., remorse).