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law 12 > Unit 4: Violent Crimes > Flashcards

Unit 4: Violent Crimes Flashcards

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1
Q

Violent Crimes Are

A

Offences that Harm the human body

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2
Q

Blameable (intentional or foreseeable) is?

A

Being Culpable

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3
Q

Death is accidental or in self defence is?

A

Non-Culpable

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4
Q

1st Degree Murder is?

A

-Planned

-Someone is Hired

-Victim is Law Enforcement

  • Committed while committing another crime
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5
Q

2nd Degree Murder is?

A

-Men’s Rea is Intent

  • Foreseeable that something may cause deaths
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6
Q

Manslaughter is?

A
  • Culpable (Blameable) homicide thay isn’t murder

-Infanticide ( Mother Killing Infant Child)

  • Killing Someone during Wrongful Act Unintentionally
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7
Q

1st Degree Murder Sentence?

A

Life in Prison (without parole)

Min- 25 Years

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8
Q

2nd Degree Murder Charge?

A

Life with parole after 10 Years

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9
Q

Murder can be changed to Manslaughter if?

A
  • Provocation (Being Provoked)
  • Severe Intoxication
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10
Q

For Murder Crown Must Prove

A
  • Offenders Identity
  • Offenders State of Mind ( Men’s Rea, Intent Knowledge Recklessness)
  • Death ( is there a body?) and Actus Reas
  • Causation ( death is related to offenders action )
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11
Q

Elements of Provocation

A
  • Evidence of Wrongful Act or Insult

-Deprive Someone of their Self Control

  • Offender Acted in Heat of the Moment
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12
Q

Self Defence Test Includes?

A
  • Accused has to believe there was a serious threat to them
  • Purpose to Protect Others or Themselves
  • Act must be reasonable under the circumstances
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13
Q

Types of Circumstances

A

Mitigating - Factors that’s lessen responsibility of offender, May Decrease Sentence

Aggravating - Factors that Increase Responsibility of Offender, May Increase Sentence

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14
Q

Levels of Assault

A
  • Assault
  • Assault Causing Bodily Harm
  • Aggravated Assault
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15
Q

Level 1 Assault is

A
  • Attempting, Gesturing, Threatening, Applying Intentional Force
  • Physically Interfering with Someone’s Movement
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16
Q

Level 2: Assault causing bodily harm is?

A
  • Use of Weapon
  • Results in Physical Harm
17
Q

Level 3: Aggravated Assault is?

A
  • Most Violent
  • Beating, Maiming, Disfigurement
  • Life Threatening Injuries
18
Q

What can Reverse an Assault

A

If Unintentional, Careless, or a Reflex

19
Q

Common Assault Defences

A
  • Sports
  • Fights
  • Defence of Property
  • Preventing a crime
  • Spanking (2-12 Years Old)
20
Q

Sexual Assault Defences can be?

A
  • Intoxication
  • Marriage
  • Complaint Sexual History ( Rape Shield Protects From Using Sexual History in Court)
21
Q

Consent Cannot be a Defence When?

A
  • Complainant is Under Age 14
  • Complainant Cannot Agree ( Drunk )
  • Abused By Position of Authority ( Teacher )
  • Complaint Wants to Stop
22
Q

Offences Against Minors

A
  • Victim is Dependancy Relationship with Accused
  • Occupier allows Adultery, Alcohol in home ( Immoral )
  • Indecent act of nudity in public
  • Incest
  • Exploitation of Children with Disabilities
23
Q

Criminal Offences

A
  • Prostitution
  • Obscenity
  • Corruption of Children

-

24
Q

Criminal Harassment is?

A
  • Stalking
  • Cannot Repeatedly Communicate or Follow
  • Max Sentence is 5 Years
25
Q

Criminal Negligence is?

A
  • Reckless Disregard for People’s Safety and Lives
  • Negligence when Operating Vehicle
  • Max Sentence is 14-25 ( Life )
26
Q

Mischief is?

A
  • Deliberately Damaging or Destroying Property
  • Disrupting Persons Use of Property
  • Max Sentence: Life ( If Involved Endangering Persons Life )
27
Q

Arson is?

A
  • Intentionally or Recklessly Damaging Property by Fire
28
Q

Colour of Right is?

A

Legal Right to Property, Anything Showing Ownership of Property

29
Q

Reverse Onus is?

A

Responsibility of Proving is Placed in Defence Instead of Crown

30
Q

Soliciting is?

A

Offering Services in Public ( Prostitution)

31
Q

Euthanasia is?

A

Ending Patients Life due to Suffering

32
Q

False Pretences is?

A

Using False Information to Deceive Others

33
Q

Procure is?

A

Someone who takes a persons prostitution money ( Pimp )

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