Chpt 4: Intro to Crimnal Law Multiple Choice and True/False Review Flashcards
Procedural Justice
The fairness in the criminal justice system.
What is included in the Criminal Code?
A List that explains the Criminal Offences and their Punishments.
What does “Enact” mean?
It is the passing a proposed law.
What is case law?
They are decisions made up by the Court.
What does a wrongful act include?
It includes not doing something.
Which type of offences does the Statue of Limitations apply to?
It applies to only summary offences.
What is the maximum penalty for most summary offences?
Maximum penalty is $2000 Fine and/or 6 Months in Jail.
What are the 2 main elements of a Crime?
The 2 main elements of a crime include actus reus and mens rea.
Can a person be guilty of a criminal offence, which he or she did not actually complete the act?
Yes a person can be guilty of a criminal offence in which case he or she did not actually complete the act.
What does Recklessness apply too?
It applies to criminal negligence.
Does the Federal Court of Canada deal with Criminal Law?
No it does not deal with Criminal Law.
What is the term for if you are simply Encouraging someone to commit a crime?
You would be guilty of Abetting, if you are just encouraging someone to commit a crime.
The judges in the criminal division of provincial courts are appointed by who?
The Judges of the criminal division are appointed by the Provincial Government.
Are the judges in Provincial Superior Courts Appointed or Elected?
They are Appointed.
Does the Supreme Court of Canada have unlimited jurisdiction in Criminal Matters?
They do have unlimited jurisdiction in Criminal Matters.
What does the Criminal Law emphasize on?
- Prosecuting the Accused
- Prevention of Further Crime
- Punishing the Guilty Party
What condition must exist for an act to be subject to criminal penalties according to Law Commissions of Canada?
Other democracies have similar laws and punishments.
What is the maximum penalty for Indictable Offences under the Criminal Code?
The maximum penalty is Life Imprisonment for indictable offences.
What offence has the Crown prosecutor have the ability to decide next steps?
Hybrid Offences allow the Crown prosecutor the ability to decide how to proceed.
Who decides on the actual penalty for an Indictable Offence?
The Trial Judge decides on the actual penalty for an Indictable Offence.
Which element of a criminal offence addresses the guilty act?
The element of a criminal offence that addresses the guilty act is actus reus.
What is the accused state of mind when purposely committing a crime?
Intent: The accused state of mind when purposely committing a crime.
What kind of evidence is Motive considered in the court of law?
It is considered Circumstantial Evidence.
What is the term when a person intends on committing a crime but does not complete it fully?
Attempt: when a person intends on committing a crime but does not actually fully complete it.
