Ch.10, Criminal Law

Question 1

Define the object of an act.

Answer 1

An objects clause is a provision—often located at the beginning of a piece of legislation—that outlines the underlying purposes of the legislation and can be used to resolve uncertainty and ambiguity

Question 2

What is the scheme of an act?

Answer 2

1 : a combination of elements (as statutes or regulations) that are connected, adjusted, and integrated by design His point is that when you read a particular section or paragraph or legislation, you’re not reading it in isolation from the rest. What you’re reading is part of a whole.

Question 3

Define crimes against person.

Answer 3

culpable homicide, assault, robbery, treason)

Question 4

Define crimes against property.

Answer 4

(tax, theft, fraud, insider trading)

Question 5

Define mala in se offences.

Answer 5

offences that are inherently immoral in themselves (mala in se— (homicide, rape, stealing, cruelty)

Question 6

Define mala prohibita offenses.

Answer 6

offences that are prohibited by law (mala prohibita–(prostitution, gambling, vagrancy, social disorder, public intoxication)

Question 7

What is the problem of labelling crimes “victimless”?

Answer 7

Crimes such as prositituion and gambling have major individual effects, effects on others and on the broader society.

Question 8

Define vagrancy.

Answer 8

the state of living as a vagrant; homelessness.

Question 9

What is Finland’s justice system like?

Answer 9

Finland uses fines to deter undesirable “victimless” deviance/crimes; decides the fine based on your income: pay for the criminal justice system using this money (however, the extremely wealthy might not care because they understand that this is the price they will be doing for that action

Question 10

How was wrongdoing responded to in pre-state societies?

Answer 10

No criminal law before state
-Wrongdoing was responded to by revenge executions, compensation from one tribe to another, compensatory damages to wronged party, stigmatization and social sanctions, slavery and other forced labor

Question 11

Why does incarceration fall short as a deterrent for most criminal behaviors?

Answer 11

not dealing with normal

Question 12

Define mens rea and actus rea.

Answer 12

Mens rea: the evil intention (therefore, the morally innocent are not punished–this would be mala in se on the part of the Crown)]
-Crown MUST prove a guilty mind for conviction; it’s immoral to punish someone who doesn’t have the awareness and intention for the crime
Actus Rea: the conduct/deed element

Question 13

Define first degree murder, second degree, manslaughter and infanticide.

Answer 13

-First degree: deliberately planned
-Second degree: aware that actions may have caused death
-Manslaughter: provocation, the state recognizes that other people can provoke responses in individuals/this can act as a mitigation (bar fights, etc.)
-Infanticide: gets passed in 1948–can be a defence and an offence (defence to murder, but an offence in itself)/ falls under actus reaus but not always mens rea

Question 14

Define Benefit of Linen and its relationship to infanticide.

Answer 14

Benefit of Linen: defense to infanticide; conceal pregnancy, purchase bedding for the baby (showed that there was never intention for murder)

Question 15

Define the Reasonable Person test.

Answer 15

: judge decide what a reasonable person in similar circumstances ought to know with respect to their conduct
-If it is common knowledge that strangulation will lead to death, then a reasonable person ought to know that their conduct will lead to a culpable act punished by law

Question 16

Strict Liability Offences

Answer 16

public welfare or regulatory offences requiring no proof of intention (dangerous/impaired driving)
–Middle ground between mens rea and absolute liability offences,
In a negligence lawsuit, the plaintiff contends that the defendant’s negligence or recklessness caused their injuries. In a strict liability lawsuit, the defendant is liable for damages even if he or she was not negligent or at fault.

Question 17

Define the Espionage Act, 1917.

Answer 17

-Espionage Act, 1917: can’t say that you didn’t intend to commit espionage; it’s pretty clear what the intention is

Question 18

Define Absolute Liability Offense.

Answer 18

-Intention is irreverent
-Only have to prove the act was done
-R v. Pierce Fisheries: held that the possession of undersized lobsters contrary to regulations under the Fisheries Act was an absolute liability offense
-NOT incarceration, huge fines

Question 19

How are parties to an offense charged under Section 21 of the criminal code?

Answer 19

-Under s. 21 of the Criminal Code, parties to an offense may be held as criminally responsible as the person or persons who actually commit the offense
-By simply witnessing a crime and not reporting it, you are not in any piece guilty
-Some act of aiding or abetting must occur over and above mere presence during the unlawful act

Question 20

Define the difference between justification and excuse defenses.

Answer 20

Justification: I did this, but I had to because…
-Excuse: I didn’t know I was doing it, I couldn’t help myself
-Acting under duress: threat must be immediate and therefore the action was needed

Question 21

Define the Justification Defenses.

Answer 21

-Necessity: choice between one harm to avoid a greater harm (Morgentaler, when he was brought before the court and acquitted by all three juries, he used the defense of necessity: needed for him to commit the crime of abortion to prevent greater harm coming to a woman by having the child)
-Defence of person: self-defensE MUST HAVE IMMINENT THREAT OF HARM/technically a justification but wanders over to excuse defense in relation to battered woman syndrome MUST RESPOND WITH EQUAL FORCE, MUST BE REASONABLE AND PROPORTIONAL TO THE SITUATION (changes case to case, particular in domestic violence)
Defence of property: justifies reasonable use of force
-Entrapment: inducement to commit crime by another party/ Mr. Big Operations are illegal in the US; where police are allowed to pose as criminals to induce others to commit a crime

Question 22

Defne excuse defenses.

Answer 22

Insanity Defense: Not Criminally Responsible by Reason of Mental Disorder (NCRMD); can’t impose punishment because there is no rational understanding of actions
-BARRED IN LAW Intoxication (R v. Brown-s 33.l prohibits self-induced intoxication as defense), non-insane automatism—-no mens rea element then in these cases when there is lack of control of the mind and body
Mistaken of fact (honest but mistaken belief to consent to sexual activity, BARRED IN LAW, NOT AN AVAILABLE DEFENSE) THERE IS OBLIGATION TO UNDERSTAND WHETHER THERE WAS ONGOING AND ACTIVE CONSENT OR NOT
-Self Defense: Battered Woman Syndrome has an excuse element to it;

Question 23

Why is intoxication barred in law as an excuse defense and what case set precedence for this?

Answer 23

ALCOHOL IS STILL INCLUDED UNDER 33:1; PEOPLE ARE RESPONSIBLE IF THEY DRINK TOO MUCH LIKE IN THE DAVIAULT CASE; REASONABLE PERSON HAS TO TAKE REASONABLE PRECAUTIONS NOT TO PUT THEMSELVES IN THAT STATE

R v. Daviavault case

Question 24

Why is mistaken of fact for consent barred in law?

Answer 24

THERE IS OBLIGATION TO UNDERSTAND WHETHER THERE WAS ONGOING AND ACTIVE CONSENT OR NOT

Question 25

Why is mistaken of fact for consent barred in law?

Answer 25

THERE IS OBLIGATION TO UNDERSTAND WHETHER THERE WAS ONGOING AND ACTIVE CONSENT OR NOT

Question 26

Define in detail the Battered Woman Syndrome Defense and the case that set precedence for allowing it.

Answer 26

The logic of the battered woman syndrome incorporates gendered experience of violence and the power imbalances; understands unequal force and that women may need to use improportional force (guns, weapons, etc.) because they may not be able to physically take down their partner

Angellic Lavali Case

Question 27

Define hybrid offenses./

Answer 27

most offenses are hybrid offenses— crown can decide to proceed either summarily or in an indictable fashion (if someone pleads guilty, then the court may say they will proceed summarily) (some sexual offenses, behavior that doesn’t cause physical harm)—at the discretion of the court to take into account individual details of the case in order to choose which way to proceed

Question 28

Define the aims of sentencing.

Answer 28

general deterrence (symbolic denunciation for the entire society), specific deterrence (stop the individual from reoffending through incarceration), and rehabilitation of the offending

Question 28

Define the aims of sentencing.

Answer 28

general deterrence (symbolic denunciation for the entire society), specific deterrence (stop the individual from reoffending through incarceration), and rehabilitation of the offending

Question 29

What is the sentence length and severity primarily based upon?

Answer 29

Vary by degree of premeditation, as well as level of violence, use of weapon, degree of active participation, attitude of offender after crime is committed, previous criminal record

Question 30

What is the sentence length and severity primarily based upon?

Answer 30

Vary by degree of premeditation, as well as level of violence, use of weapon, degree of active participation, attitude of offender after crime is committed, previous criminal record