Law Flashcards
(44 cards)
What is a crime? Explain.
An offence (an action or omission) against society that is punishable by law.
What elements of a crime have to be proven to convict an individual of a crime? Explain each of them.
Actus Reus - The guilty act - voluntarily committed the act
Mens Rea - The guilty mind - knowledgeable intent to carry out the act or willful blindness, recklessness, negligence
How well do the elements of a crime have to be proven in order to convict an individual of a crime? Who does the burden of proof rest with?
Beyond a Reasonable Doubt - A very high level of surety
Burden of proof rests with the Crown. The accused does not even have to take the stand in their own defence if the select not too.
Describe the difference between general intent crimes and specific intent crimes.
General intent crimes - it must simply be demonstrated that the defendant meant to commit a crime.
Specific intent crimes - it must be demonstrated that not only did the defendant intend to commit a crime but intended to commit a specific indictable offence.
Not all crimes require mens rea. Two types that don’t are strict liability offences and absolute liability offences. Explain each of these offence types.
Strict liability - In strict liability cases the defendant will be proven guilty unless they can prove that they acted with due diligence. An example case would be an individual charged with buying alcohol for a minor.
Absolute Liability - The defendant is responsible for their actions regardless of negligence or intent. The prosecution only needs to prove that an unlawful act or omission occurred. An example of an absolute liability case would be a traffic violation such as failing to stop at a stop sign.
Crimes are categorized as indictable, summary conviction and hybrid offences. Describe each of these offence types.
Indictable Crimes - crimes of a more serious nature (e.g murder)
Summary Conviction Offences - Crimes of a less serious nature (e.g defacing currency)
Hybrid Offences - The prosecution determines if the offence will be pursued as a summary offence or an indictable offence (e.g. theft under)
Crime Scene
The location where the crime took place.
Physical Evidence
Evidence that can be seen, heard or observed.
Circumstantial Evidence
Indirect evidence - Evidence that is not drawn from direct observation but leads to inference that the accused committed the crime
Forensic Evidence
Evidence acquired through scientific methods e.g. DNA tests, blood tests, ballistics
Chain of Custody
A process of tracking evidence from its collection, analysis and use in court so that it is not lost or contaminated.
Hearsay Evidence
Evidence from a witness regarding what someone else saw or said. Generally inadmissible in court.
Eyewitness
A person who saw something happen and can provide a first-hand description of the occurrence.
What is the difference between being detained by police and being arrested? Explain.
Detainment - temporary deprival of one’s liberty in order to be questioned by police.
Arrest - Being formally charged with committing a crime.
When an individual is arrested, they are often not kept in custody awaiting trial. Explain the following items in regards to judicial release.
Appearance Notice - A notification that one must appear in court at a particular time in order to respond to a criminal charge.
Promise to Appear - A written document in which the accused promises to appear in court on a specific date and time.
Recognizance - A written promise to appear in court or else pay money if they fail to show on the prescribed court date.
Bail - Involves posting a sum of money to guarantee that the accused will show up at trial.
If an individual is charged with a serious indictable crime they will have a process referred to as “election”. Explain what this is.
Election - For a serious indictable crime, the accused will have a choice of a trial by judge or a trial by judge and jury.
What is a preliminary hearing and when are they used? Explain.
If charged with an indictable offence a preliminary hearing is held to ensure that there is sufficient evidence to put the accused on trial.
What is a plea bargain? Describe. Also explain 2 advantages and 2 disadvantages associated with plea bargains.
Plea Bargain - An arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges.
Advantages - Guaranteed Conviction, Saves court time, less expensive (avoids full trial)
Disadvantage - Is justice served, offender out of prison sooner, wrongful convictions
List and briefly describe the main steps in a criminal trial.
Election - selection by the accused of trial by judge alone or with a jury
Jury Selection - process of selecting jurors for the trial
Crown’s Opening Statement - a summary of the case (witnesses and evidence) that the crown will present.
Direct Examination of Crown Witnesses - Crown calls their witnesses and questions them.
Cross-Examination of Crown Witnesses - The defence is allowed to question the Crown’s witnesses.
Motion For Dismissal - The defence may call for a dismissal of the case if they believe the Crown has failed to prove its case.
Defence’s Opening Statement - A summary of the case (witnesses and evidence) that the defence will present.
Direct Examination of Defence Witnesses - The defence calls and questions their witnesses (may or may not include the accused).
Cross-Examination of Defence Witnesses - The Crown has the opportunity to question each of the defence witnesses.
Rebuttal - The Crown has the ability to contradict any evidence that the defence has presented. The defence then has the opportunity to contradict the Crown’s rebut.
Defence’s Closing Arguments - The defence summarizes their case in an attempt to show that the accused is not guilty and that the Crown has not proven its case.
Crown’s Closing Arguments - The Crown summarizes the case in an attempt to show that the accused is guilty as charged and should be convicted for the crime they committed.
Charges to the Jury - The judge explains to the jury all of the legal parameters that they need to understand and consider during deliberations.
Mistake of Fact
An honest mistake that leads to the crime being committed.
What is a criminal defence? Explain.
Criminal Defence - A denial or justification regarding why one is not guilty of the charge presented.
Mistake of Law
Ignorance of the law. Generally not a valid defence.
Intoxication
May be used to lower specific intent charges to ones of general intent.
NCR
Not Criminally Responsible due to a disease of the mind.
