U2 Criminal Law

Key Concepts

intent

a person who meant to do something wrong and had disregard for the consequences, refers to the state of mind when committing the offence

general intent

committing a wrongful act for one’s own sake with no ulterior motive or purpose

specific intent

committing one wrongful act for the sake of accomplishing another

knowledge

the crown shows that the accused knew that what they were doing was wrong

criminal negligence

when the accused does something or omits to do something that is their duty to do so that shows reckless disregard for the lives and safety of others

recklessness

a person who consciously takes an unjustifiable risk that a reasonable person would not

willful blindness

involves deliberately closing your mind to possible consequences of your actions

incomplete crimes

when either the guilty act or guilty mind is missing

attempt

when a person is unsuccessful in the commission of a crime

conspiracy

an agreement between two people to perform an illegal act

role of the judge

controls events in the courtroom
interprets the law pertaining to a case
decides whether certain evidence is allowed in court

role of justice of peace

has less authority than a judge
performs preliminary stages of a case such as issuing arrests, search warrants, and hearing bail applications

what the crown does to prepare for a case

interview witnesses
research the specific laws that are involved
look at previous cases
submit physical evidence

jury

a group of 12 men or women chosen by the crown and defence from a pool of ordinary citizens of the community the courthouse is in

role of the jury

listen to the trial
examine evidence and follow the judge’s directions
come to an agreement regarding the verdict
the decision must be unanimous
If found guilty it must be beyond a reasonable doubt

challenge for cause

when a person has already formed an opinion on the case, is physically unable to perform the duties or a juror has been convicted of an offence, unlimited amounts of challenges

peremptory challenge

to have no reasons for eliminating the juror

motion for dismissal

after the crown presents its entire case
when the defence believes that the crown has not proven beyond a reasonable doubt
the judge may agree and enter a verdict of not guilty and the case is dismissed
if not the case continues

reasons to preserve a crime scene

so that a detailed search of the scene can occur
to collect physical evidence
to ensure that the evidence will be allowed in court

patrol officer

has specific areas they patrol
usually first to arrive at a crime scene
responsible for securing the scene and ensuring no evidence is lost or tampered with
wrapping yellow tape around the scene
keep people out of the scene and may interview witnesses in the process

scenes of crime officer

trained in collection and preservation techniques
skilled photographers, trained in fingerprint, footprint, and tire lifting
collect blood and hair samples
work less serious crimes

criminal investigations bureau officer

plainclothes detective specializing in homicide, robbery, and assaults
trained to supervise the investigation, question witnesses, interrogate suspects, and draw conclusions from physical evidence

methods of lifting a fingerprint

dusted and lifted with adhesive tape
iodine fuming
a laser beam used to illuminate the print

blood evidence

most common fluid at a crime scene, has unique characteristics to each person except identical twins

what can be determined by a footprint

scientists can learn the weight, height and injuries that might have been sustained during the crime, carrying anything, walking or running

four things an officer must do when making an arrest

1. identify themselves as an officer
2. advise the accused that they are under arrest
3. inform the accused right away of the charge and show the arrest warrant if there is one
4. touch the accused to indicate they are in legal custody

what police must do right after arresting a suspect

inform them of their right to counsel

federal police

customs and excise, drug enforcement, economic crime, federal policing, immigration, proceeds of crime, criminal intelligence, international liaison and protective services

provincial police opp

jurisdiction in rural areas, responding to municipal police requests, traffic control on 400 highways, maintaining provincial firearms registry, protecting ontarios government official

municipal police

preventing crimes, preserving peace, assisting victims, executing warrants

federal court and their divisions

Trial division, appeal division and the supreme court of canada

supreme court of canada

the highest appeals court in canada, strictly an appeals court, made up of a chief judge and eight justices appointed by the federal government, deal with constitutional questions, hears appeals from the provincial and federal courts of appeal

appearance notice

a legal document for less serious offences compelling an accused person to appear in court

bench warrant

an arrest warrant issued directly by the judge when an accused person fails to appear in court

arrest with a warrant; summons

a legal document issued for an indictable offence ordering an accused person to appear in court

arrest without a warrant; three conditions

1. police have reasonable to suspect a person has either committed an indictable offence or is about to commit one
2. they find the person in the act of committing a criminal offence
3. they find a person who they believe is named on an arrest warrant

3 ways a person may be legally searched

1. the arrest must be lawful
2. the search must be connected to the lawful arrest
3. the manner in which the search is carried out must be reasonable

exceptions to when police need a search warrant

1. imminent injury or death to any person
2. the destruction of evidence relating to an indictable offence

areas of the rcmp

the federal police force, customs and excise