Criminal Law

Question 1

What is mens rea?

Answer 1

• “the guilty mind”.
• Mens Rea includes 4 subelements:
  -> Intent: the purpose of the act; desire to carry out a wrongful action
  -> Knowledge: knowing that what you are doing is illegal; awareness of facts
  -> Recklessness: acting recklessly without any regard for the consequences of the actions
  -> Willful Blindness: deliberately ignoring certain information; turning a blind eye

Question 2

what is actus reas?

Answer 2

• “the guilty action”
• has 3 subelements:
  -> Voluntary Action: the individual has control over their actions (they chose to do such a thing)
  -> Failure to Act: failing to do something - ex. leaving the scene of an accident
  -> State of being: being in the possession of something illegal or/and being somewhere illegal

Question 3

What are the 3 types of offences?

Answer 3

• summary conviction offences
  -indictable conviction offences
• hybrid conviction offences

Question 4

what are summary conviction offences?

Answer 4

minor criminal offences with less severe punishments
- statute of limitation: 6 months
- penalty: small fine ($2000) to imprisonment for 6 months

Question 5

what are indictable conviction offences

Answer 5

serious criminal offences with severe penalties
- statute of limitation: none
- penalty: each offence has its own max/min - depends on crime

Question 6

what are hybrid offences

Answer 6

offences that could be seen as summary or indictable (fall in the middle)
- begins as INDICTABLE
- the crown decides which way to proceed (summarily or indictable)
- sentence/penalty/punishment depends on the crime itself

Question 7

What are the types of sentences?

Answer 7

D I P S V I C C F

• Discharge
• Intermittent Sentence (weekends)
• Probation
• Suspended Sentence
• Victim Surcharge
• Compensation
• Conditional sentence
• Fines

ISDO - Indeterminate Sentence for a Dangerous Offender

• Life Sentences

Question 8

Goals of Sentencing

Answer 8

D D S R R R

• Denunciation: punishment is meant to condemn the offenders actions
• Deterrence: discourage offenders or members of society to commit offences
• Segregation: punishment separates the offender from the rest of society
• Rehabilitation: punishment makes the offender a law-abiding citizen
• Responsibility: punishment ensures that the offender accepts that their actions are wrong and accepts how it has harmed the victim and/or society
• Restitution: punishment requires the offender to pay the victim or society back for the injuries, loss, suffering, etc.

Question 9

Define legal.

Answer 9

Something permitted by the law (ex. dying your hair, wearing religious clothing)

Question 10

Define illegal.

Answer 10

Something that is NOT allowed by the law (ex. purchasing cigarettes under the age of 19, burning leaves)

Question 11

Define criminal.

Answer 11

Relating to, involving, or being a crime (ex. theft, assault, kidnapping, trafficking of marijuana)

Question 12

Define legalizing.

Answer 12

to make an act legal (allowed, some restriction)

Question 13

Define decriminalizing.

Answer 13

to make an act illegal (not allowed), but NOT CRIMINAL

Question 14

Define criminalizing.

Answer 14

to make an act criminal (criminal record, severe punishment)

Question 15

What is the Criminal Code of Canada?

Answer 15

• procedures that must be followed in criminal cases
• a range of punishments a judge can impose
• outlines behaviors that are considered to be criminal offences in Canada

Question 16

Identify and describe the three ways police can apprehend someone.

Answer 16

1. Arrest with a reasonable cause/doubt
2. Arrest Warrant
3. Surrender

Question 17

What are the circumstances where a police officer can arrest someone without a warrant?

Answer 17

1. They have reasonable grounds to suspect a person has either committed or is about to commit an indictable offence
2. They catch a person in the act of committing a criminal offence
3. They find a person who they believe is named on an arrest warrant.

Question 18

What must a police officer do for an arrest to be considered legal?

Answer 18

1. Identification - police officer must identify him/herself
2. Advisement & Charge - the accused must be advised that they are under arrest and must be told what criminal offence they are being charged with
3. Caution 1- police must advise the accused of their right to counsel (lawyer)
4. Caution 2 - police must advise the accused of their right to remain silent
5. Physical Touch - police officers must take physical control of the individual (ex. handcuffs)

I D C C P

Question 19

Under what circumstances is an accused person usually awarded pre-trial release?

Answer 19

• If they are arrested for a hybrid offence that is going trial as a summary offence
• If they are arrested for a first-time, non-violent offence
• If they are arrested for an offence for which the maximum penalty is less than $2000

Question 20

What is promise to appear?

Answer 20

a signed document where the accused promises to appear in court on a specific day/time

Question 21

What is recognizance?

Answer 21

a signed document where the accused promises to appear in court AND where the accused is required to pay a sum of money if they fail to appear

Question 22

What is undertaking?

Answer 22

a signed document where the accused promises to appear in court and where conditions are given for their release

Question 23

What is the difference between direct evidence and circumstantial evidence?

Answer 23

Direct: evidence that directly links the defendant to the crime (ex. eyewitness testimonies)

Circumstantial: evidence that leads to a reasonable belief that the accused is most likely the one who committed the crime (ex. DNA, fingerprints)

Question 24

What are the different types of evidence?

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Answer 24

S H O P C C E P P

• Similar Fact Evidence
• Hearsay Evidence
• Opinion Evidence
• Photographs
• Confessions
• Character Evidence
• Electronic Devices and Video Surveillance
• Polygraph Evidence
• Privileged Communication

Question 25

What is disclosure?

Answer 25

the responsibility of the crown prosecutor to share evidence with the defence counsel.

Question 26

Identify and describe the players in the criminal trial process.

Answer 26

- Judge: A person who oversees a trial and decides how the law should be applied - Crown Attorney: the lawyer who prosecutes on behalf of the gov. or society - Defence Counsel: the legal representation of the accused - Court Clerk: a person who keeps records and files, and processes documents for a court - Court Reporter: a person who documents court proceedings - Sheriff: A crown-appointed official who acts as part of the justice administration system - Witnesses

Question 27

Who does the burden of proof fall upon in a Canadian Criminal Court?

Answer 27

The Crown prosecutor

Question 28

What is a jury? Who might be excluded from serving on a jury?

Answer 28

A jury is a group of 12 people chosen by the Crown and Defence counsel; politicians, doctors, someone who is visually impaired, etc. are excluded from serving on a jury

Question 29

Define empanelling a jury

Answer 29

to select an assign a jury for the purpose of deciding a case

Question 30

Define challenge of the jury list

Answer 30

formal objection of the panel list (ex. biased, misconduct)

Question 31

Define challenge for the cause

Answer 31

When a lawyer makes a formal objection to a prospective juror for specific reasons (ex. they are a police officer)

Question 32

Define preemptory challenge

Answer 32

When a lawyer makes a formal objection to a prospective juror for no specific reason

Question 33

What is it called when a jury is kept isolated until it reaches a verdict (i.e. away from families, no access to television/news, no access to social media)?

Answer 33

Sequestering a Jury

Question 34

When a lawyer, Crown prosecutor or Defence, is questioning their own witness, this is referred to as ________. When they question witnesses belonging to the other side, this is referred to as __________.

Answer 34

direct examination; cross examination

Question 35

What is a Motion for Dismissal?

Answer 35

A request that the judge dismisses the charges against the accused because the Crown failed to prove guilt beyond a REASONABLE DOUBT.

Question 36

What is Charge to the Jury?

Answer 36

When the judge explains, to the jury, the law and how it applies to the case before they deliberate.

Question 37

What is RECIDIVISM?

Answer 37

When an offender returns to crime after their release from prison

Question 38

Whats a victim impact statement?

Answer 38

A statement prepared by the VICTIM of the crime, or by the victim's family, describing the harm or the loss suffered because of the offence.

Question 39

What is principle of totality?

Answer 39

term for when the judge needs to decide on a sentence that isn't overly harsh and long.

Question 40

What does the opening statement include?

Answer 40

- Identification of the offence - Summary of the offence - An outline of the way the Crown will present its case

Question 41

When a judge is deciding on an appropriate sentence for an offender, what reports might he/she consult while considering the offender?

Answer 41

- Pre sentence Report: provides background info. on offender - Psychiatric Assessment: describes the mental health history of the offender

Question 42

Flow chart on criminal trial process.

Answer 42

Accused is arraigned ↓ Jury is selected ↓ Judge address jurors ↓ Crown presents opening statement ↓ Crown examines witnesses ↓ Motion for dismissal ↓ Defence presents opening statement ↓ Defence examines witnesses ↓ Crown presents rebuttals ↓ Defence presents surrebuttals ↓ Closing statements/arguments ↓ Judge gives charges to the jury ↓ Jury deliberates ↓ Jury gives a verdict

Question 43

What does the closing statement include?

Answer 43

A summary of the case (after all testimony and evidence is presented)