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Law > Unit 3 Test > Flashcards

Unit 3 Test Flashcards

1
Q

habeas corpus

A

A court order designed to prevent unlawful arrest by ensuring that everyone detain is brought before a court within a reasonable amount of time

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2
Q

criminal law

A

A category of public law that prohibits and punishes behavior, that injuries, people, property, and society as a whole

robbery, assault, murder

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3
Q

quasi criminal laws

A

laws covering less serious offences at a provincial, or municipal level; most often punishable by fines

speeding offences or driving uninsured

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4
Q

judiciary

A

The branch of law made up of judges, or justices, who adjudicate dispute, interpret the law, and decide punishment in Canada’s court system

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5
Q

Summary conviction offences

A

A minor offence that carries a relatively late penalty

ex dining and dashing

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6
Q

indictable offence

A

a serious crime that carrie’s a heavier offence then summary conviction offences

theft over 5000, assault, murder

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7
Q

hybrid/dual procedure offence

A

and offence that the crown can try either as a summary, or an injectable offence

Example dangerous operation of a motor vehicle

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8
Q

actus reas

A

Latin for the guilty act, which refers to a voluntary action, or mission, or state of being that, is forbidden by the criminal code

holding someone at gun point

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9
Q

attempt

A

the intention to commit a crime even if not completed

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10
Q

absolute liability offences

A

offence that do not require men’s rea and to which the accused can offer no defence

speeding
yielding to traffic and failure to stop at a red light

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11
Q

abetting

A

the crime of encouraging the perpetrator to commit an offence

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12
Q

crime

A

an act or omission of an act that is prohibited by federal statue

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13
Q

intent

A

a state of mind in which someone desires to carry out a wrongful act, knows the results, and is reckless regarding the consequences

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14
Q

men’s rea

A

the guilty mind
a deliberate intention to commit a wrongful act with reckless disregard for consequences

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15
Q

motive

A

the reason a person commits a crime

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16
Q

specific intent

A

the desire to commit one wrongful act for the sake of accomplishing another

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17
Q

strict liability offence

A

in criminal law, offences that do not require men’s rea; that accused offers the defence due if intellegence

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18
Q

general intent

A

the desire to commit a wrongful act for its own sake with no ulterior motive

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19
Q

criminal code of canada

A

a forceful law that includes definitions of most of the criminal offences that the parliament of Canada has enacted

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20
Q

culpable homicide

A

A killing for which the accuse can be held legally responsible, such as murder, infanticide, or manslaughter

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21
Q

causation

A

cause of death

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22
Q

non culpable homicide

A

a killing for which a person cannot be held legally responsible such as one that results from unforeseeable accident

deaths that happen in acts of self defence

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23
Q

murder

A

the intentional killing of someone

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24
Q

manslaughter

A

any culpable homicide that is not murder or infanticide

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25
Q

voluntary manslaughter

A

a form of homicide that occurs without premeditation, deliberation, or malice aforethought

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26
Q

infanticide

A

the killing of a newborn by child’s mother

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27
Q

assault

A

threatened or actual physical contact without consent; offensive conduct that causes reasonable apprehension of immediate harm of the mind of the intended victim

28
Q

defence

A

A denial of, or justification, for, an act

29
Q

duress

A

In criminal law, the defence that the accused was forced by the threat of violence to commit a criminal act against his or her own will

30
Q

double jeopardy

A

The legal doctrine that an accused person cannot be tried twice for the same offence

31
Q

automatism

A

A condition in which a person acts without being aware of what he/she is doing

insanity or intoxication

32
Q

provocation

A

Only applies to the crime of murder
m maybe used as a defense, to reduce the conviction of murder and manslaughter

33
Q

intoxication

A

A condition of being over, powered by drug/alcohol

Generally not a defence to a crime

34
Q

mental disorder

A

Disease of the mind

An accused person who suffers from mental disorder cannot be held criminally responsible

35
Q

Self-defence

A

A person can use reasonable for us to defend against in unprovoked assault, where there is no intent to cause serious harm to the attacker

36
Q

non insane automatism

A

An involuntary action that is not arise from the disease of the mind

37
Q

battered woman syndrome

A

Sociological condition that can develop when a person experiences abuse usually from an intimate partner

38
Q

List the six fundamental principles of criminal justice

A

1 the presumption of innocence
2burden of proof
3 habeas corpus
4 the right to fair and fast trial
5 equality before the las
6 british common law

39
Q

6 fundamental principles of criminal justice:

presumption of innocence

A

anyone charged for a crime is presumed to be innocent

the crown is responsible to prove the defendant guilty

40
Q

6 fundamental principles of criminal justice:
burden of proof

A

The defendant must be released, unless the crown proves guilty beyond a reasonable doubt

41
Q

6 fundamental principles of criminal justice:
habeas corpus

A

The right to not be detained/in prison unlawfully

if the crown can’t show cause the person must be released

42
Q

6 fundamental principles of criminal justice:
the right to fast and fair trial

A

fairness assured by jury (unbiased)

in reasonable time

43
Q

6 fundamental principles of criminal justice:
equality before the law

A

Justice is blind
Not young, old, poor, rich, male/female, etc.

No one is above the law

44
Q

6 fundamental principles of criminal justice:
british common law

A

based on British law
Includes protection against self incrimination, being tried twice for the same offence

45
Q

what is the need for criminal law in society?

A

Criminal law is the body of laws that prohibit and punish acts that inquire people property and entire economy

46
Q

What are the requirements for an Ike to be subject to criminal penalty?

A
  1. The act must harm other people.
  2. The act must violate the basis of societal rules
  3. using the law to deal with the action must not violate the basic values of society
  4. criminal law can make a significant contribution to resolving the problem
47
Q

knowledge

A

knowledge of facts
probed mens rea
motive

48
Q

negligence

A

doing something: omitting to doing something with disregard for the lives or safety of others

ex throwing a beer bottle out of a living vehicle and hitting someone

49
Q

willful blindness

A

turning a blind eye to the consequences of ur action

50
Q

identify the 5 types of violent crimes

A

homicide
assault
sexual offences
abduction
robbery

51
Q

first degree murder
and its penalty

A

planned and deliberate
victims in law enforcement
max penalty life without parole for 25 yrs

52
Q

second degree murder and its penalty

A

deliberate murder of a human but not planned

max penalty 25 yrs no parole for 10 yrs

53
Q

manslaughter

A

causing death of human direct or indirectly by means of an unlawful act, not murder, rather it only requires general intent
penalty 0-5 yrs

54
Q

voluntary manslaughter

A

occurs when defendant kills w malice but there are maintaining circumstances which reduce culpability or when the defendant kills with intent of only bodily harm

55
Q

involuntary manslaughter

A

the unlawful killing without intent

distinguished from voluntary manslaughter by absence of intention

56
Q

in what situations can a murder charge be changed to manslaughter

A

When the accused person can establish provocation, or when the prosecution cannot prove the necessary intent to commit murder

57
Q

level 1 assault

A

common assault

least serious
Involves slapping punching pushing and verbal threats

58
Q

level 2 assault

A

Assault, causing bodily harm/assault with a weapon

59
Q

level 3 assault

A

aggravated assault
Welding, scarring, maiming, disfiguring, or endangering life of victim

60
Q

Important considerations when distinguishing sexual assault

A

conduct must have occurred in a sexual content
Body parts have been touched
Situation in which the assault took place
Nature of the conduct

61
Q

Why is mental disorder considered a defence to a crime?

A

Because the mental health issue prevented them from understanding their actions or ability to know it was wrong

62
Q

what are the two requirements that must be considered to use mental disorder as a defence

A
  1. The person is in capable of appreciating the nature of quality of the actor/omission.
  2. The person is in capable of knowing that the act/omission was wrong.
63
Q

When can intoxication be used as a defense?

A

intent crimes, not general

What intoxication leads to mental disorder

Cannot be used in assault/sexual assault charges

64
Q

five types of justification defence

A

Self-defence

Battered woman syndrome

Defensive dwelling

Compulsion and duress

Provocation

65
Q

Defence of dwelling

A

person is allowed to defend his/her place of dwelling and use reasonable force to do so

66
Q

compulsion and dureas

A

A defence in which the accused was forced by threat of violence to commit a criminal act

67
Q

What are the four elements that have to be proven for provocation?

A

a wrongful act or assault occurred

The actor insult was sufficient to deprive a person of self control

The person responded suddenly

The response occurred before there was time for passion to cool

Law (5 decks)

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