Criminal Justice Systems Lecture Notes

These flashcards cover key concepts from the lecture notes on criminal justice systems, focusing on elements of criminal offenses, implications of mental responsibilities, and classification of offenses.

What are the two elements of a criminal offense?

Mens Rea (Intent) and Actus Reus (Act) are the two fundamental elements.

What is Mens Rea?

Mens Rea refers to the mental state or intent of a person committing a crime.

What is Actus Reus?

Actus Reus refers to the physical act of committing a crime.

What does 'Not Criminally Responsible' (NCR) mean?

It means a person is not held criminally responsible for actions committed while suffering from a mental disorder that affects their understanding.

What is the impact of Section 16 of the Criminal Code of Canada?

It outlines how mental illness relates to criminal responsibility and permits individuals found NCR to receive treatment rather than prison.

What must be determined for someone to be found not criminally responsible?

It must be determined that a mental disorder prevented the accused from appreciating the nature of their actions or from knowing that their actions were wrong.

What are the consequences of changes made to the Criminal Code in 1992?

The changes eliminated automatic strict custody for those found not guilty by reason of insanity and allowed for more humane and appropriate handling of such cases.

What defines a Summary Conviction in Canadian law?

A Summary Conviction is a less serious offense with a maximum penalty usually resulting in fines or a short jail term.

What distinguishes Hybrid Offenses?

Hybrid Offenses allow the prosecutor to choose whether to proceed by indictment or as a summary offense.

In which cases can a forensic psychiatric assessment be requested?

A forensic psychiatric assessment can be requested when mental illness could have affected an individual's actions during the commission of a crime.