Unit 3 criminal law Flashcards
Define the criminal code
A document that describes offences(crimes) and their punishments
What odes Actus reus mean?
wrong deed/guilty act
What is Mens reus and the different types?
Mens reus=guilty mind
1.Intention:state of mind when committing crime
2.Criminal state of mind: accused knew they doing something agensed the law
3.Willful blindness: ignoring certain facts/turning a blind eye
4.recklessness: careless regarded for the safety of others
5.criminal negligence: disregard for the safety of others
6.knowledge:knowing certain facts
7.motive: a reason for doing a crime
8.Attempt: attempting to commit a crime and failing
9.Conspiracy: agreement of 2 or more to commit a crime
What are the parties to offences?
there are 3
Abiding and abetting: assisting to commit a crime
Accessory after the fact: knowingly helping a criminal to hide or escape from police
Organized crime:group of 3 or more who commission of serious offences for material benefit (prostitution, drug trafficking etc.)
What does Buckhout and Well’s research tell us about eye witness testomnys?
1.Flash bulb memory: vivid memory of emotionally charged moment(ex.where were you when the queen died?)
- eye witness testimony is more reliable when there is no break in the photolineup
3.Long it takes to identify the culprit in the lineup, the less likely its them (it should take 10 secs to recognize the culprit)
What are the types of offences?
There are 3
what are there punishments
Summary/Midemear:tried in provincial court 2k or 6 months in prison(public nudity, traspassing at night)
Indicable/felony: tried in supreme court +life in prison(level 2-3 sexual assult, level 3 assult, 1st degree murder)
Hybid:2-10 years in prison(assault, theft under $5000, and impaired driving)
What ae the types of jury challenges?
1.Challange the jury list:crown or defence can challenge the validity of the potential jury list (ex.out of 100 potential jurors 0 are Indigenous)
- Challange for cause:crown or defence can wish to exclude potential jurors for a specific reason if they can prove potential bias)
3.Peremtpotry challenge:NO LONGER LEGAL:crown or defence can wish to exclude potential jurors WITHOUT reason
What are the types of homicide?
culpable homicide: killing w/intent or reckless behaviour
Non-culpable homicide: no one is held criminally responsible(accident or self-defence)
what are the stages of murder?
1st degree: intent to kill or killing while committing another crime = life in prison
2nd degree:intent to kill, butnot premeditated(planed)
Manslaughter: culpable homicide that’s NOT murder + held responsible but no intent
What are the levels of assult
level 1: attempting, gesturing, or threatening to apply force to another
level 2:injury to victim is serious + max penalty is 10 years
level 3:beating, maiming, and disfigurement of the victim + max penalty is 14 years
What are the levels of sexual assault?
level 1: little to no injury + max penalty 10 years
level 2:bodily harm to victim + max penalty 14 years
level 3:rape and life threating injuries + max penalty life in rpsion
What does alibi, insane automatism, non-insane automatism, intoxication, and arter defences?
albi: accused not at the scene of the crime
insane autoatism: impaired consciousness by psychotic mental disorder
non-insane automatism:impaired consciousness from outside factors
intoxication:NOT LEGAL DEFENCE: impaired consciousness from alcohol
Arter defence: NOT LEGAL DEFENCE: only drank 2 beers but failed the breathalizer
What are the battered woman sydrome, self-defence, necessity, and duress defences?
battered women syndrome: psychological condition caused from prolonged domestic violence
self-defence: reasonable force +must presceve a threat +immediate threat
necessity: crime committed due to immediate + urgents circumstances + no immediate threat
What are the ignorance of the law, mistake of facts, entrapment:double jeopardy, and provocation defences?
Ignorance of the law NOT LEGAL DEFENCE; Lack of mens rea due to honest mistake
mistake of facts:not knowing the law
Entrapment: Police action that induces a person to commit an offence (police cowarsing a person to commit a crime)
Double jeopardy: a person cannot be tried twice for the same offence
Provaocation: insighting to committing a crime in the **heat of passion
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