Fundations of Criminal Law
What is the main purpose of criminal law?
To maintain order and protect the public.
What is mens rea?
he guilty mind or intention to commit a crime.
What is an indictable offence?
A serious criminal offence with higher penalties.
Signing an appearance notice is a promise to do what?
Appear in court
What is the punishment for second-degree murder in Canada?
Mandatory life imprisonment
Which type of legal dispute is NOT criminal law?
A dispute between private individuals (civil law).
What is actus reus?
The voluntary physical act of committing a crime.
What is a statute of limitations?
A time limit to lay charges.
When might the police issue an appearance notice?
When someone is accused of a non-violent offence.
Intending to hurt someone, causing death unintentionally is most likely what crime?
Manslaughter
Where are most criminal offences in Canada found?
The Criminal Code of Canada.
Weapons, clothing, and phone records are examples of what type of evidence?
Physical evidence
Which type of offence has no statute of limitations?
indictable offences
The police can search someone if:
1. they are arrested or
2. if they have reasonable grounds to believe they've committed a crime.
What is another reason why police could search someone?
If they have a search warrant.
Killing someone on purpose WITHOUT preplanning it, would likely be considered?
Second-Degree Murder
In a criminal law case, who prosecutes the accused?
The government (the Crown).
What is the key difference between theft and robbery?
Robbery involves violence or threats
How long is the statute of limitations for summary offences in Canada?
12 months
Who gives opening remarks first in a criminal trial?
The Crown?
An accesory after the fact
What does “innocent until proven guilty” mean?
The Crown must prove guilt beyond a reasonable doubt.
What is the word we learned that means to reoffend or continue to commit crimes.
recidivism
What is a hybrid offence?
An offence the Crown can choose to proceed with as summary or indictable.
Who gives closing remarks first?
The Crown
What are the three levels of assault AND explain the difference between them.
Level One Assault: little or no physical harm
Level 2 Assault Causing Bodily Harm: serious, but not permanent injuries; often a weapon involved
Level 3 Aggravated Assault: life threatening of permanent injuries