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Criminal Law - Part 2 Unit Test > Review > Flashcards

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(67 cards)

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1
Q

What is manslaughter?

A

The unlawful killing of another person without malice aforethought.

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2
Q

Define consent in legal terms.

A

A voluntary agreement to engage in a particular action, often related to sexual activity.

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3
Q

What are the types of identity theft?

A
  • Mail theft
  • Theft from personal spaces
  • Phishing
  • Spoofing
  • Pretexting
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4
Q

What is mail theft?

A

The act of stealing the mail of victims to access critical information like credit card numbers.

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5
Q

What is dumpster diving?

A

The act of rummaging through garbage to obtain documents containing valuable personal information.

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6
Q

Describe phishing.

A

A technique used by criminals to obtain personal data through spoofed emails or websites.

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7
Q

What regulates firearms in Canada?

A

The Firearms Act and Part III of the Criminal Code.

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8
Q

What is the Firearms Act?

A

An act passed in 1995 requiring all gun owners to be licensed and registered.

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9
Q

List the classes of firearms.

A
  • Non-restricted
  • Restricted
  • Prohibited
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10
Q

What are non-restricted firearms?

A

Ordinary rifles and shotguns that no longer need to be registered as of November 2007.

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11
Q

What constitutes a prohibited firearm?

A
  • Handguns with a barrel length of 105 mm or less
  • Shortened rifles and shotguns
  • Semi-automatic firearms converted to fully automatic
  • Fully automatic firearms
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12
Q

What is required to register a firearm in Canada?

A

A valid firearms licence.

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13
Q

What is an acceptable alibi?

A

A defence that places the accused somewhere else at the time the offence occurred.

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14
Q

What are the parts of an alibi defence?

A
  • Statement of absence from the crime scene
  • Explanation of whereabouts
  • Names of witnesses
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15
Q

What is non-insane automatism?

A

A state recognized by courts that may result from physical or psychological trauma.

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16
Q

What does NCR stand for?

A

Not Criminally Responsible.

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17
Q

What is self-defense?

A

The legal right to use necessary and reasonable force to protect oneself or property.

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18
Q

What is double jeopardy?

A

Being tried twice for the same offence.

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19
Q

What is arson?

A

Intentionally causing damage to property by fire or explosion.

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20
Q

What is the maximum penalty for arson without danger to life?

A

14 years in prison.

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21
Q

Define fraud.

A

Deceiving another person for criminal gain.

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22
Q

What is credit card fraud?

A

Using stolen credit cards for unauthorized purchases.

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23
Q

What is theft?

A

Taking someone’s property without consent or damaging it severely.

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24
Q

What is identity theft?

A

Stealing someone else’s identity for criminal purposes.

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25
What is street racing?
Illegal auto races on public roads.
26
What is prostitution?
Selling sex for money.
27
What activities related to prostitution are illegal in Canada?
* Soliciting * Keeping a common bawdy house * Procuring
28
What is obscenity?
Words, images, or actions that go against moral values.
29
What constitutes terrorism?
Violent action for political, religious, or ideological reasons.
30
What major event prompted changes to the Canadian Criminal Code regarding terrorism?
The terrorist attacks of September 11, 2001.
31
What is terrorism?
Any violent action taken for political, religious, or ideological reasons.
32
Does terrorism have to take place in Canada?
No, it can be against a Canadian citizen or government located outside of the country.
33
What significant changes to the Canadian Criminal Code occurred after the September 11 attacks?
The government can publish the names of terrorist groups and cut off funds to terrorists.
34
What is criminal harassment?
Pursuing or communicating with an unwilling victim and their friends and family.
35
What is the maximum prison sentence for criminal harassment in Canada?
Up to 10 years.
36
What was the outcome of the case R v Gladue?
Jamie Gladue was sentenced to three years’ imprisonment for manslaughter.
37
What are violent crimes according to the Criminal Code?
Offences against the person and reputation that cause harm to the human body.
38
What is defined as homicide in the Criminal Code?
Killing another human being, directly or indirectly.
39
What is the difference between culpable and non-culpable homicide?
Culpable homicide involves blame; non-culpable homicide is an accident without intent.
40
What constitutes first-degree murder in Canada?
Murder that is planned and deliberate, involves a law enforcement agent, or occurs during another crime.
41
What is manslaughter?
Causing the death of a person by means of an unlawful act without specific intent.
42
What must be shown for a provocation defense in manslaughter cases?
The accused caused the death in the heat of passion due to sudden provocation.
43
True or False: Intoxication can be a defense for murder.
False; it may lead to a conviction of manslaughter instead.
44
What is assisted suicide?
Counseling or helping someone to commit suicide, which is illegal in Canada.
45
What is euthanasia?
Acting to end another person's life for compassionate reasons, permitted under specific circumstances in Canada.
46
How many levels of assault are there in Canada?
Three levels: Level One, Level Two, and Level Three.
47
What defines Level One assault?
Applying intentional force to another person without consent.
48
What distinguishes Level Two assault?
Assault causing bodily harm, typically involving a weapon.
49
What is aggravated assault?
A severe attack that threatens the life of the victim.
50
What is sexual assault?
Any form of unwanted sexual activity where consent is not given.
51
What is the maximum penalty for Level One sexual assault?
10 years imprisonment.
52
What is the difference between Level Two and Level Three sexual assault?
Level Two involves a weapon or threats; Level Three involves serious physical injuries.
53
What is the definition of consent in sexual assault cases?
Voluntary agreement of the accuser to engage in sexual activity.
54
What was established in R. v. Ewanchuk regarding consent?
Implied consent is not recognized; 'no means no' and 'yes means yes.'
55
What does the rape shield law do?
Limits the ability to cross-examine complainants about their past sexual behavior.
56
What is the current age of consent in Canada?
16 years old, with specific exceptions.
57
What is the legal definition of abduction?
Forcible removal of an unmarried person under the age of 16 from lawful care.
58
What is robbery?
Illegally taking someone's property through force or intimidation.
59
What is the legal definition of abduction according to Section 282 of the Criminal Code?
The forcible removal of an unmarried person under the age of 16 from the care of a parent, guardian, or any other person who has lawful care of the child. ## Footnote Foster parents and child welfare agencies are considered guardians.
60
What trend is contributing to the rise in abductions in Canada?
The increasing number of separated and divorced families. ## Footnote This trend is linked to the rising number of abductions.
61
How is robbery defined in legal terms?
Theft involving violence or the threat of violence using a weapon. ## Footnote Examples of weapons include guns, knives, or even sticks.
62
What must the Crown prove when basing a robbery case on the threat of violence?
That the victim felt threatened and that there were reasonable and probable grounds for the fear. ## Footnote Accepted threats include phrases like 'Empty your till!' or 'This is a holdup!'
63
What types of items can be classified as weapons in a robbery?
A finger or fist, and an imitation weapon such as a toy gun. ## Footnote These items have been accepted in court as threats of violence.
64
What is the severe punishment for robbery?
Life imprisonment. ## Footnote This reflects society's revulsion for criminals who steal using violence.
65
What is the purpose of the Tackling Violent Crime Act passed in February 2008?
To protect Canadians from criminals who commit serious violent crimes. ## Footnote The act aims to prevent dangerous, high-risk offenders from offending again.
66
When did the Tackling Violent Crime Act take effect?
May 1, 2008.
67
What are some main points of the Tackling Violent Crime Act?
* Severe, mandatory jail time for serious gun crimes * Reverse-onus bail provisions for accused in serious gun crimes * Three-strikes law for dangerous and high-risk offenders * Higher penalties for drug-and-alcohol-impaired drivers * Raise of the age of sexual consent from 14 to 16 years

Criminal Law - Part 2 Unit Test (1 decks)

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