Unit 4: Criminal Law

Crime

act or omission that is prohibited or punishable by federal statute law (has specific/general intent)

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police must have reasonable grounds to arrest (evidence)

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4 conditions of a crime:


1. considered wrong by society
2. cause harm to those that need protection
3. must be serious
4. remedy handled by criminal justice system

Criminal Law

body of laws that prohibit and punish acts that injure individual people, property, and the entire community

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A crime is considered to be an offence not just against the direct victim, but against society as a whole

Actus reus

Guilty act

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act/omission of a crime

Mens rea

Guilty mind

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a crime’s intent/knowledge/recklessness of a crime that caused the guilty act

Knowledge

one factor that causes the guilty act/mens rea

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preplanning the crime

Recklessness

one factor that causes the guilty act/mens rea

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(driving 100 in a 50 zone and you kill a pedestrian)

General intent

committing a crime in one act just to commit that crime

Specific intent

comitting one crime to commit another

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(breaking into a car to steal the money inside)

Summary Offence

minor offences, 6 months jail time to $2000 fine, quick court appearance without jury, criminal record, low penalty

Indictable Offence

more serious offence, theft/fraud over $5000, 2 years prison-life, sets minimum sentences for crimes, if above 5 years then jury + judge, if less then no jury

Hybrid offence

crown decides between indictable/summary, starts as ind but crown can change to sum, based on circumstance committed in

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(stealing for fun vs stealing break for starving family)

Due diligence

Reasonable acts done to prevent the harm that was committed

Beyond a reasonable doubt

prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial

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accused is the one that committed a crime for sure with no doubt

Absolute Liability Offence

show that the crown %%did not%% prove that you committed an offence to the point where it %%was without reasonable doubt%%

Strict Liability Offence

Prove that you showed %%due diligenc%%e and took all reasonable acts to prevent the harm caused

Direct Evidence

testimony by eyewitness to prove an alleged fact

(eyewitness testimony)

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Ex. nino saw julian steal the bag

Circumstantial Evidence

Indirect evidence to infer that the defendant committed the crime

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When no eyewitness available

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(He wasn’t seen stealing it but his fingerprints were there + someone saw him nearby)

Character evidence

Using evidence to prove the likelihood of whether that person committed the crime or not

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Crown can’t bring in people that hate them or people to set a “bad character”, only can rebuttal “good character”

Electronic surveillance

Use of electronic device to record/overhear conversations between 2 or more people (bugging or wiretapping)

Video camera surveillance

Cell tower pings

Only used in court if had a warrant

Polygraph Test

Using a polygraph machine/ lie detector which is used by a skilled examiner who can detect physical signs showing deception

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not 100% accurate so can’t be used as evidence

Physical Evidence

any object, impression, or body element that can be used to prove/disprove facts relating to a criminal offence

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Any evidence found at/around the scene

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Blood, Weapon, Skin, Hair, Semen, Saliva, Fingerprints

Judge

interprets laws from criminal code

set limits & create new addition to existing laws

(Lavale with defense of battered women’s syndrome)

Jury

can %%deliver verdict%% only using evidence that was presented in the case

Defense

denial/justification of criminal behaviour

Mental Disorder

defence/attempt to prove accused did not understand severity of crime because of mental disorder

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must prove mental illness

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previously called insanity plea

Motive

the reason why a person chooses to engage in criminal conduct

Alibi

accused claims they were somewhere else the time the crime was committed

Verdict

delivered by either jury or judge

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judgement of case

Crown

the government’s lawyers

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“entrusted to the government to exercise on behalf and in the interest of the people“

Criminal Trial Process

essential since our justice system is based on the presumption of “innocent until proven guilty“

Full trial members

Accused, victim, opposing lawyers (defence and crown), jury, judge

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full trials are very rare since 80% are guilty pleas (cheaper, faster, easier)

Direct Examination

Lawyers question their own witnesses for their involvement in the case

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The witness is the one telling the story, the lawyers can’t lead them

Steps to a full trial

1. Accused is arraigned
2. Jury is selected
3. crown opening statement
4. crown direct
5. crown closing
6. defence opening: have the option to present witness
7. closing arguments: defence goes first if presents witness
8. closing statement

Cross Examination

Questioning the other side’s witnesses for their story and trying to poke holes in it/discredit it in front of the court

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can ask leading questions (yes/no answers)

Arraignment

accused is formally read charges

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recess in which the accused is expected to plead either guilty or not guilty (enter a plea: guilty or not guilty)

Purpose of criminal law

protect people & property

preserve the public decency standard

maintain order

Fingerprint

Type of physical evidence

Chain of events

Follows criminal procedural law to:


1. protect civil liberties
2. discover truths about criminal events

Evidence

Crime scenes have physical evidence

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Police have proper procedures of securing/collecting evidence from crime scenes that can be used to prove/disprove someone in court so **it mustn't be tampered with**

Officer roles:

Arrest suspects

Assist injured

Eliminate potential dangers

Detain crime scene boundaries

Coroner

Investigates violent/suspicious/accidental deaths

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ones outside the hospital

Collecting physical evidence

After scene is secured police’s main focus is collecting physical evidence

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Some are harder to find so they require detection/interpretation/collection by experts (finger prints)

Chain of custody

Police procedures for handling/obtaining evidence

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protect/continuous chain of possession to safeguard evidence