crime and criminal court system

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Define crimes

Wrongs committed against society.

What is the difference between criminal and civil law?

Criminal law focusses on society; civil law focusses on individuals.

What is the legal definition of a crime?

Any act that is prohibited by the federal Criminal Code; therefore something illegal is not always a crime.

What are the four conditions for an act to be a crime?

The act is considered immoral, causes harm to society, is serious, and must be punished by the criminal justice system.

How are actions declared crimes?

The federal government can make or change crimes through the law.

What is the goal of making actions a crime?

To forbid and punish immoral behaviour by making it illegal.

What is the difference between illegal behaviour and criminal behaviour?

Illegal behaviour is regulated but not criminalized; criminal behaviour is anything deemed illegal and punishable by government.

What are the purposes of criminal law?

Protect people and property from harm, provide retribution and rehabilitation, enforce morals, maintain order, and deter crime.

What is quasi-criminal law?

Laws passed by provinces, territories, and municipalities that resemble criminal law but are not considered actual crimes.

What is a summary offence?

A minor offence that can be tried immediately, maximum 6 months in jail.

What is an indictable offence?

A serious criminal offence with severe penalties, maximum life in jail.

What are hybrid offences?

Can be tried as summary or indictable depending on the circumstances (i.e. theft below or over $5000).

How is a hybrid offence determined as summary or indictable?

Background, number of offences, severity of the crime, circumstances.

What is the criminal formula?

Actus reus and mens rea; both must be proven to have existed at the same time beyond a reasonable doubt.

Define actus reus

The physical conduct of the accused committing the action.

Define mens rea

The mental state of the accused at the time of the offence; intent, knowledge, or recklessness.

Define intent

True purpose of the act; what a reasonable person would be thinking under the circumstances.

Define general intent

Limited to the act itself; the person has no other criminal purpose in mind except that act.

Define specific intent

The person committing the offence had further criminal purpose in mind (i.e. breaking and entering plus robbery).

In what scenarios is someone incapable of forming intent?

Being under 12 years old, having a mental illness, being intoxicated or in a state of automatism.

Define knowledge in a criminal context

Being aware about certain facts and still acting in a manner regardless of those facts.

Define motive

Reason for committing an offence; does not establish guilt but is helpful.

Define recklessness

Careless disregard for the possible results of an action, even if it is risky.

What are some offences that do not require proof of mens rea?

Less serious violations of federal or provincial laws such as speeding or polluting; regulatory offences.

What are the types of regulatory offences?

Strict liability and absolute liability.

Define strict liability

No mens rea needed, only proof of the offence; can give due diligence defence.

Define the due diligence defence

The accused person took reasonable care not to commit the crime or honestly believed the actions were innocent.

Define absolute liability

No mens rea needed and no possible defence; automatic guilt; no prison term (i.e. your dog bites someone).