Criminal Law Ii

Front 1

Who are the 4 participant of Criminal Law?

Back 1

- Parliament-make laws
- Courts/Judges-guilt and penalties
- Police - enforce laws
- J?ail & Parole - supervise

Front 2

When is someone a party to an offence?

Back 2

When they commit, aide, or abet.

Front 3

What's an Actus Reaus & Mens Rea?

Back 3

Actus - the act that is illegal
Mens - intent

Front 4

What is absolute liability?

Back 4

if you do the act you are guilty - go through a stop sign

Front 5

What is strict liability?

Back 5

Crown must prove the Actus Reuas and you will be convicted unless you can prove du-diligence (reasonable and honest belief)

Front 6

What are the eight defences?

Back 6

- Mistake of Law
-Mistake of fact
-mental disorder
-intoxication
- entrapment
- automatism
- battered wife syndrom
- necessity

Front 7

What is the general rule when it comes to the use of excessive force?

Back 7

You can use as much as is necessary in the circumstance.

Front 8

What are the 3 ways to bring the accused to court?

Back 8

- Notice to Appear
- Issue a Summons
- Arrest

Front 9

When may a person arrest an individual?

Back 9

- when they have committed an inditable offence or are escaping the police.

Front 10

What is the general rule when you are arrested?

Back 10

that you will be released, unless the police believe you will be a danger to the public.

Front 11

what may you recieve at your bail hearing?

Back 11

A promise to appear, conditions, or assurity

Front 12

What is Voire Dire?

Back 12

Where the courts are deciding whether evidence will be admissalbe.

Front 13

What must police do before they can enter your home with a search warrant?

Back 13

Give notice, notice of authority, and why they are there.

Front 14

When can you not use consent as a defence for sexual assult?

Back 14

When the accused is 14 or under.

Front 15

When can you use consent as a defence?

Back 15

Sc. 150 -

- the accused is over 12 or under 16
- if if you are not in position of authority...and others.