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26 Cards in this Set
- Front
- Back
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What is substantive criminal law? |
It refers to the body of legislation that declares which actions will be punished by the state |
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What is procedural criminal law? |
Tells us how the rights and duties of individuals can be enforced Also known as due process |
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What does level 1 of sexual assault refer to? |
Refers to incidents where the victim experienced the least physical harm |
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What does level 2 of sexual assault refer to? |
Involves the use of a threat or bodily harm |
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What does level 3 of sexual assault refer to? |
Involves wounding, maiming, disconfiguring, or endangering the life of the victim |
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What is the constitution? |
The fundamental principles that guides the processes and procedures in which law is enacted |
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What is statute law? |
Laws that prohibit or mandate certain acts. It is considered the most important source of law in Canada |
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What is case law? |
Involves the judicial application and interpretation of laws as they apply in a particular case |
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What is administrative law? |
Regulations that are considered to have the power of criminal law since they can have criminal penalties (environmental, protection from hazardous products, competition policy) |
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What is the rule of law? |
Every citizen must follow the law |
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What is the scope of the law? |
There should be no privileged exemptions from the law |
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What is character of the law? |
The law should be clear enough that everyone can understand it |
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What is the institution of the law? |
There are certain rules that institutions of the law must produce to make the law fair and just |
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What is Habeus Corpus? |
This is a principle in which allows the accused to request an assessment as to whether they are being unlawfully detained |
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What is the right of disclosure? |
The crown must disclose all evidence to the defence whether it's useful or not |
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What is the right to make full answer and defence? |
The defendant has the right to question the complainant during trial but this can become an issue in sexual assault cases |
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What are the seven elements of crime? |
(1) Legality (2) Mens Rea (3) Actus Reus (4) Concurrence between mens rea and actus reus (5) Harm (6) Causation (7) Punishment |
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What is legality? |
There can be no crime if the act isn't illegal |
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What is mens rea? |
The guilty mind of a person (intent) |
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What is actus reus? |
The guilty act of the offender |
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What is concurrence between mens rea and actus reus? |
This principle measures whether the intent led to the guilty act (usually a very obvious connection) |
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What is harm? |
There has to be a victim for the act to be harmful |
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What is causation? |
Refers to the requirement that the conduct of the accused produce a specific result |
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What is punishment? |
The law must state the sanctions for every crime so that the citizens know the consequences |
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Name the excuse defences and explain them |
(1) Age: Children under the age of 12 in Canada are not held criminally responsible (2) Mental Disorder: An accused with a mental disorder lacks the mens rea to commit a crime (3) Automatism/Dissociative Amnesia: Refers to unconscious or involuntary behaviour (4) Mistake of Fact: Someone who commits an act while believing certain circumstances exist (5) Mistake of the law: If this defence is used, it concerns an error regarding the legal status of a circumstance or fact |
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Name the Justification defences and explain them |
(1) Duress: When a person is threatened of bodily harm or death to commit a crime. Two types: compulsion [threats were delivered by someone present at the time of the act] & Common Law: does not require the immediate threat of bodily harm and the person does not have to be present at the time of the crime (2) Necessity: Duress is a type of necessity. It's caused by forces of nature or human conduct (3) Self Defence: This defence justifies the use of force against another person and the person can only use as much force is as necessary (4) Provocation: Involves a wrongful act that deprives an ordinary person of the power of self-control. ONLY A PARTIAL DEFENCE AND CAN ONLY BE USED FOR MURDER (5) Entrapment: Occurs when an agent of the state offers an individual an opportunity to commit a crime without reasonable grounds to suspect that the individual was involved in criminal activity |
