Unit 3 test Criminal Law Review

Flashcards for reviewing Canadian and International Criminal Law concepts.

Legal Paternalism

The idea that the law can protect individuals from harming themselves.

Definition of a Crime in Canada

An act or omission that is prohibited by law, and for which a penalty may be imposed.

Onus of Proof

The Crown (prosecution) holds the onus of proof in a criminal trial, meaning they must prove the accused's guilt beyond a reasonable doubt.

Actus Reus

The guilty act; the physical element of a crime.

Mens Rea

The guilty mind; the mental element of a crime.

Intent vs. Motive

Intent is the mental state to commit a crime, while motive is the reason why the crime was committed.

Intent (in law)

The mental state of desiring to commit a certain act. Highest level of mens rea.

Recklessness (in law)

Consciously taking an unjustifiable risk that a reasonable person would not take.

Negligence (in law)

Failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

Summary Offence

Less serious crime with less severe penalties. Maximum punishment is generally a fine of $5000 and/or 6 months in jail, limitation period of 6 months.

Indictable Offence

More serious crime with more severe penalties. No limitation period.

Hybrid Offence

An offence that can be prosecuted as either a summary offence or an indictable offence, depending on the Crown's decision.

Manslaughter

Homicide committed without the intention to cause death, but with an unlawful act or criminal negligence.

Due Process

Following established legal procedures to protect an accused person's rights.

Interim Release

Release of an accused person from custody while awaiting trial.

Preliminary Inquiry

A hearing to determine if there is sufficient evidence to proceed with a trial (limited access since 2019).

Crown Lawyer Role

To prove the guilt of the accused beyond a reasonable doubt.

Defense Lawyer Role

To defend the accused and ensure their rights are protected.

Victims Bill of Rights

Legislation that protects victims of crimes in Canada, providing rights to information, participation, and protection.

Direct Evidence

Evidence that directly proves a fact (e.g., eyewitness testimony).

Circumstantial Evidence

Evidence that indirectly proves a fact (e.g., fingerprints at a crime scene).

Inculpatory Evidence

Evidence that suggests the accused is guilty.

Exculpatory Evidence

Evidence that suggests the accused is not guilty.

Culpable Homicide

Homicide for which a person can be held legally responsible.

Non-Culpable Homicide

Homicide for which a person cannot be held legally responsible (e.g., self-defense, accident).

First-Degree Murder

Planned and deliberate murder, or murder committed during certain crimes.

Second-Degree Murder

Any murder that is not first-degree murder.

Infanticide

When a mother kills her newborn child while suffering from a mental disturbance caused by giving birth.

Robbery

Theft with the use of force or threat of force.

Theft

Taking someone else's property without their consent.

Levels of Assault

Assault, Assault with a weapon or causing bodily harm, and Aggravated Assault.

Levels of Sexual Assault

Sexual Assault, Sexual Assault with a weapon, threats to a third party or causing bodily harm, and Aggravated Sexual Assault.

Excuse (legal)

Admits the act but claims it should be excused due to circumstances.

Justification (legal)

Admits the act but argues it was the right thing to do in the circumstances.

Specific Intent

Requires a particular mental state or purpose for the act.

General Intent

Requires only the intent to commit the act itself.

M'Naghten Rules

Rules for determining if a person is not criminally responsible due to mental disorder.

Self-Defense

The right to use reasonable force to protect oneself from imminent harm.

Entrapment

When police induce a person to commit a crime they would not otherwise have committed.

Objectives of Sentencing

Denunciation, deterrence, rehabilitation, reparation, responsibility, and respect.

Specific Deterrence

Discouraging the offender from re-offending.

General Deterrence

Discouraging others from committing similar crimes.

Aggravating Factor (sentencing)

Circumstances that increase the severity of the sentence.