Criminal Law- Terms to Know Parts 1 & 2

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Criminal Law

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Law

32 Terms

1

Criminal Law

Public law; R v defendant

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2

Why are there more safeguards in Criminal Law?

Because of the fundamental power imbalance:

The state has unlimited resources to prosecute while the defendant usually doesn’t

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3

Goals of Criminal Law

  1. Punishment

  2. Deterrence

  3. Protection of Society

  4. Rehabilitation

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4

Root causes of crime

  1. Social factors

  2. Economic factors

  3. Cultural factors

  4. Psychology factors

  5. Family Structure factors

  6. mental health

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5

Rights protected by the charter - S. 7

Right to life, liberty, and security of the person

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6

Rights protected by the charter - S. 8

Freedom from unreasonable search and seizure

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7

Rights protected by the charter - S. 11

Right in criminal and penal matters such as the right to be presumed innocent until proven guilty and the right to a fair trial.

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8

Actus Reus

“guilty act”

the wrongful act that can be omission or commission

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9

Mens Rea

“guilty mind”

The intention or required state of mind

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10

The Criminal Code

A federal statute; an important way we ensure our right are protected

  • If any part of the criminal code is found to contravene the Constitution it can be struck down

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11

Quasi-criminal

Crimes not listed in criminal code (eg. food & drugs act)

-Similar procedure and penalties but governed by different statutes

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12

Legal test for criminal guilt

Actus Reus + Mens Rea = Guilty

(wrongful act + intention = guilty)

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13

Types of offences- Summary Conviction

Less serious; eg. theft

Max penalty 6 months jail /$2000 fine

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14

Types of offences- Indictable

More serious; eg. murder

Max penalty up to life but some offences have minimum penalty

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15

Types of offences- Hybrid

Can be either summary conviction or indictable depending on severity; eg. assault

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16

Levels of Mens Rea- Intention

Fully intending to commit the offence

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17

Levels of Mens Rea- Willful Blindness

Knowing of possibility of illegality but choosing not to ask questions

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18

Levels of Mens Rea- Criminal Negligence

Perhaps no intent, but it was reasonably foreseeable that an offence could occur

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19

Levels of Mens Rea- No Intention

Accident or reasonable mistake

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20

Strict Liability

No Mens Rea required- some defences permitted

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21

Absolute Liability

No Men Rea required- no defences permitted

If you’re doing the act you’re automatically guilty (eg. environmental dumping)

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22

Attempt

Intending to commit a crime but failing to complete the act

- makes you guilty of the offence you attempted

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23

Conspiracy

An agreement between 2 or more people to commit a crime or achieve something by doing something illegal

- Can be convicted even if the plan wasn’t carried out

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24

Aiding or Abetting

Aid- to help someone commit a crime

Abet- to encourage someone to commit a crime

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25

Accessory

Someone who helps a criminal escape detention or capture

  • includes providing food, shelter, or clothing

  • “Accessory after the fact”

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26

homicide

killing another person

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27

Culpable homicide

Murder where the person who causes the death of a human being

(a) means to cause death, or

(b) means to cause bodily harm that they know is likely to cause death

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28

Non culpable homicide

Murder but it’s an accident or self-defence

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29

1st Degree Murder

PRE-MEDITATED

  1. Planned (thought out) and deliberate

  2. Victim is a law enforcement agent

  3. Death occurs while another offensive crime is being committed (Eg. sexual assualt)

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30

2nd Degree Murder

If the murder doesn’t fit into 1st degree category it’s 2nd degree.

*2nd degree can be planned but not pre-meditated.

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31

Causation

As with torts, you still need to demonstrate that the harm caused the death

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32

Manslaughter

Causing death of person, directly or indirectly, by means of unlawful act

Lower level of intent (eg. you assault someone and death occurs)

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