Criminal Law Basics
These are the two Latin terms that make up the equation for "a crime".
Actus Reus + Mens Rea
The best possible defence is _____________, a defence that places the accused somewhere else at the time the offence occurred.
an alibi
This is a criminal charge where you are convicted of helping someone commit a crime.
Aiding
This is the minimum age you can be to serve on an Ontario Jury, per the Ontario Juries Act.
18
Who can the Crown NOT compel to give witness testimony to in respects to Privileged Communication Evidence?
A spouse
The forgery of credit card information would fall under which type of criminal offence?
Hybrid Offence
Under Self-Defence Laws (i.e. Section 38 of the Criminal Code of Canada), you are allowed to stop a thief from taking your personal property as long as you do not strike the thief or cause _______________.
bodily harm
This is a criminal charge where you are convicted of encouraging someone commit a crime.
Abetting
What is the name of the process where the Crown and Defence Lawyers are selecting the 12 jurors to make up the jury?
Empanelling
Opinion Evidence is when a qualified _____________ provides information in a court case.
expert
The twelve jurors in a criminal case need to prove ________________ that the accused is guilty of the crime.
beyond reasonable doubt
If you unknowingly took five video games from the discount bin at Wal-Mart, when you only meant to take four, you could use this as a legal defence should you be caught and tried in criminal court.
Honest Mistake
True or False?
If you provided food or shelter to your husband, who is running from an arrest warrant, you could be convicted as an "accessory after the fact".
False
Married persons cannot be held responsible for assisting in the escape of a spouse and someone escaping with the spouse.
What are the two types of challenges the Crown and Defence can make when selecting jurors?
Peremptory and Challenge for Cause
What are the two types of confession statements?
A statement can be either inculpatory, which is an admission, or exculpatory, a denial.
In the R. v. Molodowic [2000] case, Molodowic was not found criminally responsible for shooting and killing his grandfather. Why?
Molodowic was deemed not criminally responsible by defence of mental disorder.
Jeanine is at a house party and is walking down the stairs towards the basement. As she is walking she has a seizure and falls into Brent. Brent's head is thrust into the wall of the basement stairs, causing him to fall into a coma, and later die in hospital. What defence could Jeanine use to avoid criminal charges?
Automatism
What are the two things that every individual has the immediate legal right to when being arrested?
1. the reason for the arrest
2. the right to obtain a lawyer
Name three occupations that would dismiss you from jury duty in Ontario.
lawyers, law students, doctors, people working in law enforcement, etc.
Photographs will be deemed as inadmissible evidence as long as, in the eyes of the judge, that their sole objective is to simply ____________ the jury.
inflame
Which section of the Canadian Charter of Rights and Freedoms states that individuals have “to be presumed innocent until proven guilty according to law”?
Section 11
What are the three types of scenarios where "consent" can NOT be used as a legal defence?
firearms, murder, and sexual offences committed against persons under the age of 14
In the R. v. Richardson [2001] case, the defence argued that the police search and seizure of the 11 bags of marijuana and hashish oil was conducted illegally. The defence argued that this violated Richardson's Charter Rights, specifically Section 8 and ____________.
Section 10
In the R. v. Find [2001] Supreme Court of Canada ruling, the judge denied the challenge for cause as "the aim of the jury selection process is to find ______________, not favourable jurors".
impartial
When dealing with Similar Fact Evidence, what is a << voir dire >> ?
A mini-hearing within a trial in order to determine if evidence should be allowed (admissible) in the trial