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Criminal Law Flashcards

(75 cards)

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1
Q

actus reus

A

“a wrongful deed”; criminal act or omission to act, which with men’s rea, makes one criminally liable

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2
Q

aggravated assault

A

third, most serious level of assault in criminal law; assault that wounds, maims, disfigures, or endangers the life of the victim

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3
Q

aiding

A

helping or assisting someone in committing a crime

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4
Q

assault causing bodily harm

A

second level of assault in criminal law; assault that interferes with the victim’s health of comfort in a significant way (not a minor hurt or injury) or assault involving a real, threatened, or imitation weapon

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5
Q

attempt

A

an effort or a try; an act done with the intent to commit an offence

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6
Q

case law

A

aka common law; a substantive law; law based on judges’ trial decisions, precedent, and reported case law

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7
Q

conspiracy

A

a serious agreement or arrangement to commit an unlawful act

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8
Q

constitution

A

The Constitution of Canada is the most supreme law; reaffirms Canada’s dual legal system and also includes Aboriginal rights and treaty rights

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9
Q

criminal law

A

the body of public law that declares acts to be crimes and prescribes punishments for those crimes

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10
Q

criminal code

A

main source of criminal law in Canada; describes offences that are considered crimes, as well as punishments for crimes.

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11
Q

homicide

A

killing another person, directly or indirectly

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12
Q

homicide in self-defence

A

non-culpable homicide; not a criminal and occurs when death is caused by complete accident or self-defence

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13
Q

hybrid offences

A

criminal offences that may be tried, at the Crown’s option, as summary conviction offences or indictable offences with the corresponding less or more severe punishment

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14
Q

indictable offences

A

severe or particularly serious criminal offences, which have correspondingly severe penalties and which proceed by way of a formal court document called an indictment

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15
Q

manslaughter

A

homicide, or the killing of another person, by committing an unlawful act and with only general intent
(example: speeding and killing pedestrian)

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16
Q

mens rea

A

“a guilty mind”; the knowledge, intent, or recklessness of one’s actions, which together with actus rea, makes one criminally liable

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17
Q

planned or deliberate homicide

A

would be called murder; intentional killing

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18
Q

precedent

A

a legal decision that serves as an example and authority in subsequent similar cases; basis for the rule of precedent– the legal principle in which similar facts result in similar decisions

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19
Q

rule of law

A

fundamental principle that society is governed by law that applies equally to all persons and that neither an individual nor the gov. is above the law

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20
Q

summary offences

A

minor criminal offences (in contrast to indictable offences), which are tried immediately (summarily) without a preliminary hearing or jury

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21
Q

abetting

A

to encourage someone to commit a crime

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22
Q

major components of the justice system

A

law enforcement
courts
prosecution
defence
sentencing and punishment
probation and rehabilitation

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23
Q

what are the elements of a crime

A

actus rea and mens rea

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24
Q

what are the types of crimes in general

A

hybrid offences
summary offences
indictable offences

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25
accessory after the fact
someone who helps a criminal escape detention or capture
26
who can be dismissed from being an accessory after the fact?
spouse
27
categories of major crime
violent crimes property crime other crimes (actions with high social impact)
28
general duties of police
maintain order enforce law ensure safety prevent crimes
29
arrest
need reasonable and probably grounds to arrest someone who they believe has committed a crime
30
what to say when arresting someone
must state why they are being arrested and what they are being arrested for
31
what does the accused has rights to in relation to an arrest
the right to be informed of the reasons for arrest the right to counsel without delay the right to challenge the lawfulness of the detention or arrest in court
32
what do do police gain to authority to do when arresting
search the person and their immediate environment - this ensures the safety of officers, prevent escape attempts, and find any evidence
33
investigative detention
police can detain if they have reasonable suspicion
34
de facto arrest
detentions that are prolonged without a justified detention
35
what rights do citizens have in relation to detention
right to counsel and must be informed of their right to counsel immediately
36
what can police do during interrogations
pose question concerning the individual and investigation record build rapport using various techniques present current evidence
37
are individuals allowed to have a lawyer during the interrogation
no but they can have them before and after
38
what are the individual rights during police interrogation
right to silence right to legal counsel common law rule of voluntariness right to bail right to information right to appeal conditions right to be free of harrassment
39
exceptions to obtaining a warrant
under the circumstance that it would be unreasonable for the police to obtain the warrant at that very moment
40
how much force can be used while searching and seizing
as much force as necessary
41
what are the conditions of a warrant
only valid at the specific location between specific times
42
invasive body searches
must be conducted by the same sex, and are allowed upon arrest under reasonable grounds
43
citizens rights during search and seizure
don't have to answer specific questions right to speak to a lawyer privately right to be informed that are guaranteed legal aid if they cannot afford it if intoxicated, right to sober up before being interrogated
44
who usually has control of the courtroom during preliminary hearings and trials
judges
45
what can they do if they think is necessary to adminster justice and maintain order
exclude the public and even the accused
46
what do judges decide that can influecne the trials outcome
whether evidence and questioning are admisible
47
crown
prosectuors responsible to see that justice is done
48
defence
represents the accused to ensure they have their legal rights protected
49
court clerk tasks
reads out the charges against the accused swears in witnesses tags evidence handles the paperwork and routine tasks required by the court
50
direct evidence
witness testiomony on something they actually saw
51
circumstantial evidence
something thats highly probably
52
Privileged communications
cannot be required to use in court as evidence - spousal interaction
53
similar fact evidence
info proving that the accused committed similar offences in the past
54
hearsay evidence
witness testimony on indirect experiences
55
opinion evidence
professionals opinion
56
characyer evidence
evidence of accused negatives traits and previous convictions
57
photo and electronic surveillance
only admisible if deemed accurate
58
polygraph evidence
lie detector tests
59
confessions
accused acknowledges the charge
60
illegally obtained evidence
the offence severity, how it was committeed and how it was obtained is usually considere
61
citizen's rights in evidence
protected from self-incrimination right to refuse to samples or tests right to a laywer's counsel right to remain silent
62
beginning motions of trial
crown and defence present motions to the judge
63
stay of proceedings
stop the trial until further action is taken
64
jury
lets the public see conflicts resolved by peers
65
when can the accused pick between trial by judge or judge and jury
less severe indictable offences
66
emapnelling
process of selecting 12 jurors
67
presenting evidence in court
hand to court clerk, explain to judge as clerk hands it to them give other party a copy
68
presenting a doc to a witness
make sure other side has a copy dive doc to the clerk who will give it to the judge once identified, will be marked as exhibit
69
some defences
self defence mental disorder intoxication consent
70
excusable conduct
commits offense under compulsion of threats of immediate death
71
automatism
unable to control whether to perform an act
72
entrapment
occurs when a police officers provokes an individual into committing
73
mistake of fact
error about the offence circumstances
74
double jeapordy
if acquitted cannot be tried for the same crime
75

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