Elements of Crime
What are the two parts to a crime?
Actus Reus and Mens Rea
Who has the first and the last say during the trial process?
Crown
Least serious type of offense. The cases go to Ontario Court of Justice. Court Process is Similar and easier. What type of Criminal Offence is this?
Summary
if the police have the suspicion of you and they wanna decide if they wanna arrest you or not, delayed enforcement is called
Detainment
Which evidence is originated for an electronic source?
Digital Evidence
Theft, attacking someone, the omission to act when legally required is which element of crime?
Actus Reus
A person whose opinion is accepted by the court because of his/her certification in a field. (eg. doctor, Psychiatrist,accident reconstructionists) What type of witness?
Expert Witness
8 months to life in jail would be what type of criminal offence jail time?
Indicatale
What does a officer need to execute a search?
Warrant
How is evidence used in criminal law?
Evidence in criminal law is utilized to prove or disprove elements of a case and can be classified into several different types.
Which part of the crime refers to the actual physical commission of the crime?
Actus Reus
———------ is the stage in a trial where one party questions a witness who has been called and examined by the opposing party. The goal is to challenge the credibility, reliability, or accuracy of the witness's testimony.
cross-examination
John is accused of theft after being caught on surveillance cameras in a store, placing a jacket into his bag and walking out without paying. John claims he accidentally picked up the jacket without realizing it was in his bag and intended to pay for it. What type of criminal charge will he be charged with?
Hybrid because the item he has stolen is worth under $5000.
Alex is walking home from a store when two police officers stop him. They ask if they can search his backpack. Alex hasn’t done anything wrong, and they don’t have a reason to search him.Alex agrees to the search because he feels pressured.Did the police officer execute a lawful search?
No, Alex felt pressured.
Witnesses, Confessions or Testimonies
Can the person be convicted of the crime if one element is proven?
Actus Reus and Mens Rea
This principle rest beyondly on the crown. They must prove ____________
Beyond a reasonable doubt
Which type of murder charge is least severe?
Manslaughter
What happens if the person refuses to let the police in?
What type of evidence is DNA?
Circumstantial Evidence
While browsing in a CD store, Rasheed ran into a friend from his old school. They decided to get a coffee. As they left the store, Rasheed forgot that he had a CD he was considering buying under his arm. Can this person be convicted of a crime?
NO, both elements of the crime have to be proven. In this scenario only Actus Reus.
Alex is accused of shoplifting from a clothing store. The store's security claims Alex left without paying for a scarf found in their possession. Alex insists they had purchased the scarf earlier that day from another store. What does defence have to prove?
When one person applies force directly or indirectly towards the other person without their consent. Imposing to put force on person putting them into fear of harm. Examples such as pushing, slapping or punching the other person. What type of criminal charge is this?
Assault
What does a police officer need to do execute a lawful arrest?
Read your rights
Make physical contact with them and put on the handcuffs or physically ensure that they come to the car with them..
How would you disprove witness testimony?
Contradicting Evidence