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31 Cards in this Set
- Front
- Back
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Top 3 factors a criminal has |
1) Gender --> Male 2) Age --> 15-18 3) Poverty |
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2 Elements that must be proven in order to classify a crime are... |
1) Mens rea 2) Actus rea |
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Mens Rea |
The intention of the accused |
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Actus Rea |
What the accused did |
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Incomplete crimes (only the MR is needed) include |
1) Conspiracy 2)Aiding & Abetting 3) Accessory after the fact |
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Conspiracy |
2 or more ppl conspire to commit a major indictable offence (ex. terrorism) |
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Aiding & Abetting |
Giving someone knowledge/encouragement to commit a crime |
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Accessory after the fact |
Where you give aid, comfort, shelter, transport to a person you know is a fugitive
Spouse can't be charged w it |
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Strict and absolute liability offences |
-Only has to prove the AR -Not for criminal offences |
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Strict Liability |
You are responsible for the act → authorities don’t have to prove M.R.
You can offer as a defence that you followed Due Diligence (followed what the law told you to do) Ex. Maple leaf listeria outbreak |
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Absolute Liability |
Only concerned with the A.R.
No chance to show intention/defend yourself Doesn't involve punishments of going to jail Ex. Speeding, texting and driving, seat belts etc |
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Summary Convictions |
-Minor criminal offences
-Usa → misdemeanor -Ex. Mischief, causing a disturbance -Max sentence → 2 years (less one day) -Provincial prison system |
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Indictable Offence |
-Serious criminal offences
-Usa → Felony -Ex. Murder, arson, manslaughter -Max sentence → Life in prison (25 years in CAN -)Federal prison system |
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Hybrid Offences |
-Offences that the crown can proceed either as summary or indictable
-Ex. Thefts (over/under $5000), possession/trafficking, assaults, sexual assaults |
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Getting the accused to trial methods |
1) Appearance notice 2) Promise to appear 3) Summons 4) Warrant |
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Culpable |
Person is criminally responsible |
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Inculpable |
Person is not criminally responsible |
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The Wolfenden Report |
Changed laws on homosexuality --> No longer illegal |
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Pre-sentence report |
Information given to the judge that contains all the info about the case |
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Principles of sentencing |
1) Retribution 2) Deterrence 3) Protection of the public 4) Rehabilitation |
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Retribution |
Offender is punished for their crimes against society |
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Deterrence |
Deter people from committing the same offences |
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Protect the public |
Keep the public safe from the offender |
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Rehabilitation |
Rehabilitate the offender to they can re-enter society and be a contributing member |
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Types of sentences |
1) Imprisonment 2) Intermittent Sentencing 3) Community Service 4) Fines 5) Prohibition |
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Imprisonment |
Most severe is life (25 yrs) |
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Intermitten Sentences |
Serve on weekends |
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Fines |
Money penalties imposed |
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Probation |
Conditions are imposed on your life |
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Conditional Discharge |
-For lower level crimes -You complete conditions -If you stay out of trouble criminal record is removed |
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Absolute Discharge |
-Finding of guilt, but no convictions are made |
