Criminal Law

Question 1

What are the elements of a crime?

Answer 1

Actus reus (action) plus Mens rea (intent)

Question 2

What is a criminal offense?

Answer 2

An act harmful not only to some individual but also to a community, society or the province.

Question 3

What is the case citation for a criminal offense?

Answer 3

R.v.Defendant

Question 4

What is the difference between specific intent offenses and general intent offenses?

Answer 4

The basic difference between the two is that specific intent crimes require the individual who commits the crime to have a certain intent or purpose when the crime was committed, whereas general intent crimes do not.

Question 5

What is absolute liability?

Answer 5

Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions. To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action, but also have had a deliberate intention or guilty mind (mens rea).

Question 6

What is strict liability?

Answer 6

In criminal law, strict liability is liability for which mens rea (Latin for “guilty mind”) does not have to be proven in relation to one or more elements comprising the actus reus (Latin for “guilty act”) although intention, recklessness or knowledge may be required in relation to other elements of the offense.

Question 7

What is an indictable offense?

Answer 7

A severe or particularly serious criminal offense which has a corresponding severe punishment, and which proceeds by way of a formal court document called an indictment.

Question 8

What is a hybrid offense?

Answer 8

A criminal offense that may be tried at the crowns option, as a summary conviction or an indictable offense.

Question 9

What is a summary offense?

Answer 9

A minor offense that is tried immediately without a hearing or jury.

Question 10

What is an arrest?

Answer 10

Legally detaining a person and charging them with a criminal offense.

Question 11

What is detention?

Answer 11

The action of detaining someone or the state of being detained in official custody, especially as a political prisoner.

Question 12

What is aiding?

Answer 12

Physical assistance to a crime.

Question 13

What is abetting?

Answer 13

Encouraging at the crime.

Question 14

What is an accessory?

Answer 14

Helping to hide/escape justice. Example, keeping someone in your home.

Question 15

What is counselling?

Answer 15

Encouraging prior to the crime.

Question 16

What is conspiracy?

Answer 16

Crime doesn’t happen but it is planned.

Question 17

What is culpable homicide?

Answer 17

Blameworthy or criminal homicide, as in murder, manslaughter, or infantcide.

Question 18

What is nonculpable homicide?

Answer 18

Homicide that is not criminal but was caused completely by accident or in self defence.

Question 19

What is first degree murder?

Answer 19

The killing of another that is planned and deliberate, in which the victim is a law enforcement officer, or that is related to commiting or attempting crimes that are particularily offensive to society. (sexual assault).

Question 20

What is second degree murder?

Answer 20

Intentional homicide that does not meet the conditions of fist degree murder.

Question 21

What is manslaughter?

Answer 21

Killing another person by commiting an unlawful act only with general intent.

Question 22

What is the sentence for first degree murder?

Answer 22

Life in prison with no possibility of parole.

Question 23

What is the sentence for second degree murder?

Answer 23

Life with possibility of parole.

Question 24

What is the sentence for manslaughter?

Answer 24

No minimum sentence.

Question 25

What are the levels of assault?

Answer 25

Level 1: Common Level 2: with a weapon or causing bodily harm Level 3: Aggravated

Question 26

What is assault?

Answer 26

The threat of danger or violence.

Question 27

What is assault causing bodily harm?

Answer 27

Assault that interferes with the victims health or comfort in a significant way, or assault involving a weapon.

Question 28

What is aggravated assault?

Answer 28

Assault that wounds, maims, disfigures, or endangers the life of the victim.

Question 29

What is am aggravating factor?

Answer 29

Factors that increases the responsibility of the offender.

Question 30

What is attempt?

Answer 30

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

Question 31

What is an alibi?

Answer 31

A defense that the accused was not at the scene of the crime when the crime took place.

Question 32

What is automatism?

Answer 32

Involuntary action of someone who is in a state of impaired consciousness, without control of his or her actions; caused by disease of the mind.

Question 33

What is battered woman syndrome?

Answer 33

A psychological condition caused by severe domestic violence.

Question 34

What is self defense?

Answer 34

The legal use of reasonable force in order to defend oneself.

Question 35

What is necessity?

Answer 35

States that the act was necessary due to immediate and urgent circumstances.

Question 36

What is duress?

Answer 36

Threat or coercion to force someone to do something against his or her will.

Question 37

What is mistake of fact?

Answer 37

A defense that shows a lack of mens rea due to an honest mistake.

Question 38

What is entrapment?

Answer 38

Police action that induces a person to commit an offence.

Question 39

What is double jeopardy?

Answer 39

Being tried twice for the same offence.

Question 40

What is provocation?

Answer 40

The act of inciting to commit a crime in the heat of passion.