Introduction to
Criminal Law
Criminal Law
Any action that does not harm others and is not against the law
What is a legal action?
The first step that a cop must take for an arrest to be lawful
What is identify himself/herself as a police officer
The police cannot force someone to be _____________unless they officially arrest them.
What is detained?
To qualify for legal aid, an accused person must do this
What is prove they cannot afford a lawyer?
"A wrongful deed" or guilty act
What is actus reus?
An action that is considered immoral; not legal but also not criminal.
What is an illegal action?
The second step a cop must take when making a lawful arrest
What is, inform the accused of the charges against them?
A Latin term which means "produce the body";
What is Habeus Corpus?
Money or property that is guaranteed to the court if the accused fails to appear in court at a later date.
What is bail?
"A guilty mind" or the mental element
What is mens rea?
An action that is considered immoral and potentially harmful to others; is included in the Criminal Code
What is a criminal action?
What are the accused's right to counsel; and the right to remain silent
If the accused resists arrest, the police may use
A person who posts bail and accepts responsibility for an accused person.
What is a surety?
Assisting or helping someone to commit a crime.
What is aiding?
A serious criminal offense with a severe punishment (e.g. murder – life imprisonment).
What is an indictable offense?
A search warrant is required for police to search here
What is someone's home? Police MUST have a search warrant to search a home.
According to Torstar’s investigation, Charter violations have a corrosive effect in these communities
What are Black and Indigenous communities?
When the burden of proof is placed on the accused to justify why they should be granted bail.
What is reverse onus?
The act of encouraging a person to commit a
crime
What is abetting?
A less serious criminal offense, also known as
misdemeanours (e.g. shoplifting).
What is a summary offense?
What is a proper search warrant must…
Identify the premises to be searched; Identify the criminal offence(s); Describe what the officer is looking for specifically; Be signed by a judge or justice of the peace
When evidence is obtained through the violation of a Charter right, claimants may apply under s. 24(2) of the Charter to have the evidence ____________ from the trial.
What is excluded?
The Crown must establish this at a preliminary hearing
What is a prima facie case— justification for a trial?
Police must have this to suspect someone of a crime
What are reasonable and probable grounds?