law - criminal law test 1

intro to criminal law elements of a crime levels of police in Canada arrests and warrants the rights and obligations of an arrested person involvement in a crime

Criminal law deals with

offences committed against society

the purpose of criminal law is to

offer order and predictability

Criminal law focuses on

prevention of crime and penalties for those who commit crimes

criminal law should

protect people and property

Criminal law attempts to

rehabilitate offenders

crime is

any action that Parliament determined to be criminal

conditions for there to be a crime

action must be considered wrong, action must cause harm to people, the harm caused must be serious and it must be dealt with through the criminal law process

quasi-criminal law

“almost criminal law”

quasi criminal law is passed by

provinces and municipalities

quasi criminal law is not a part of

the Criminal Code

quasi criminal law differs from

province to province

The Criminal Code of Canada is

the primary source of criminal laws in Canada

the criminal code was introduced in

1892

Criminal Code is passed or amended by

Parliament

The judges role in the criminal code is to

interpret the laws and apply them to individual cases

Summary Conviction Offences

are minor crimes, the accused can be arrested or summoned

the max penalty for summary conviction offences are

$2000 and/or six months in prison

Summary conviction offences are always

provincial offences

Indictable Offences

are most serious offences

the max penalty for indicatable offences are

life imprisonment, set by the Criminal Code

crimes such as drunk driving have a

minimum penalty

hybrid offences

the Crown can choose whether the charge will be summary or indictable (ex. theft)

for there to be a crime, there must be

actus reus and mens rea

actus reus

the individual must have committed a prohibited action

most offences in the criminal code specify

a wrongful act must exist

for some offences actus reus can result from

An omission or failure to do something (ex. withhold necessities from someone you are legally responsible for providing for)

mens rea

a guilty mind

mens rea does not apply if

the mental capacity is not considered normal (ex. down syndrome, schizophrenia)

Mens rea focuses on

The mental state of the accused and requires proof that the accused intended to commit a criminal act

intent or knowledge

desire to carry out a specific action and can forsee its results

general intent

 the crown has to prove beyond a reasonable doubt the accused had the intent to commit the actus reus. It can be inferred from the actions of the accused ex. increasing life insurance before killing your wife

specific intent

Allows for an interference of intent but must have further proof of intent

mens reas comes from

knowledge of specific facts

charges for actus reus depend on mens rea

if actus reus and mens rea dont exist simultaneously, no criminal liability can result

Due Diligence

 the accused took every reasonable precaution to avoid doing an offence

In a strict liability offence

there is no mens rea, but the accused can offer the defence of due diligence

In an absolute liability offence

 the accused can offer no defence

 Royal Canadian Mounted Police was formed in 1873

as the North-West Mounted Police

RCMP

Provides investigative and protective services and acts as the provincial and municipal police in provinces other than Ontario and Québec

The RCMP focuses on: 

Customs and Excise: Smuggling, enforcing the Customs Act, Drug Enforcement: Enforces the Controlled Drugs and Substances Act, Economic Crime: Organised crime, technological crime, securities fraud, counterfeiting, Federal Policing of Hazardous waste transportation, environmental law, explosives, student loans, Immigration: smuggling of aliens (people from foreign countries), forged passports and visas, Proceeds of Crime: identifies and confiscates money or property acquired through criminal activity, Criminal Intelligence: gathering information on organized crime and terrorists, International Liaison and Protective Services: security for visiting heads of state and federal officials

Provincial police

• They police areas with no police force  

municipal police

prevent crime, enforce by-laws, execute warrants

Suspicion is not enough cause for

an arrest to be made

An officer must determine that an offence has been committed and have

reasonable grounds to believe that the suspect committed the offence

Appearance Notice

• Used for summary conviction offences, hybrid offences and some less serious indictable offences. 

• Indicates the offence with which the accused is being charged and summons them to court. 

• The officer will swear information before a judge that states that the officer believes on reasonable grounds that the offence was committed by the person who was given the appearance notice.

Arrest

• Used for the more serious indictable offences. 

• The purpose of the arrest is to: 

▪  Lay a charge. ▪ Preserve evidence. ▪ Prevent the accused from committing further offences.

• Arrest Without a Warrant 

• If there are reasonable grounds to believe that a person has committed an indictable offence, is committing an indictable offence or is about to commit an indictable offence. 

• If an accused resists arrest, a police officer can use as much force as is necessary to prevent an escape.

Used while watching the offence, happened in the past, at the moment or is about to happen.

Warrant for Arrest

•  If the accused flees, the police can swear information before a judge, who will then issue a summons which requires the accused to appear in court.

• If the officer can prove that the accused will not appear voluntarily, a warrant for arrest will be issued. It names the accused, states what crime was committed, and orders the accused to be arrested forthwith and is only valid in the territorial jurisdiction in which it was issued.

can police force suspects to answer questions

They cannot force suspects to answer their questions under their right to remain silent under the Charter. They do have to identify themselves and answer questions to help the police identify them. 

process while making an arrest

When making a legal arrest, the officer identifies themselves. Police officers must inform the arrested persons of the reason for their arrest, their right to counsel, and how anything they say can be used against them in court. They must touch them to confirm the arrest. If they miss those steps, there may be a legal battle later. If there is a warrant, they have to show it to them. 

the rights of an arrested person

• To remain silent.

• To be presumed innocent until proven guilty. 

• To not incriminate oneself.

• To be informed promptly of the reasons for the arrest and to examine the warrant if there is one

• To retain and instruct counsel without delay

• To be informed of the availability of legal aid and duty counsel.

• To not be arbitrarily detained or imprisoned.

  • To habeas corpus

the obligations of an arrested person

• To accompany the police if arrested

• To submit to fingerprinting and to be photographed if charged with an indictable offence.

Reverse Onus

when the burden of proof shifts to the defence, the defence has to defend themselves, violating innocent until proven guilty. 

Perpetrator

• The person who commits the offence. 

• The term for more than two perpetrators is co-perpetrators.

  • Must be present at the scene.

Parties to an Offence 

• People who are not directly involved in the crime could be considered partly responsible for it because they have somehow assisted the perpetrator.

Aiding

• helping a perpetrator commit a crime 

E.g., giving the key to the warehouse for someone to rob it.

Abetting

• encouraging the perpetrator without physically assisting him or her 

E.g., urging someone to beat another person

Counselling

• advising, recommending, or persuading another person to commit an offence 

E.g., counselling someone to steal goods and telling him or her the best way to accomplish this.

Accessory After the Fact 

• Someone who knowingly (mens reas) receives, comforts, or assists a perpetrator in escaping from the police 

E.g., providing food, shelter, and clothing to someone who shoplifted 

difference between aiding and abetting

Aiding in a crime is helping the perpetrator physically while abetting is through encouragement. 

attempt

the intention to commit the crime, regardless of whether the crime is completed

Conspiracy

an agreement between two or more people to carry out a crime, regardless of whether the crime occurs