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102 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is homicide |
222. (1) A person commits homicide when directly or indirectly by any means, he causes the death of a human being |
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What is actus reus |
The act The wrongful act Circumstances Cause and effect |
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What is mens rea |
The mind The wrongful mind Guilty mind -intent or intention |
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What is nonculpable homicide |
Cases where the act is legally justified -if not culpable it is not an offence Ex. police using force |
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What is culpable homicide |
There is considerable probability that the perpetrator is criminally liable for the offense. |
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What are some factors that influence where homicide is culpable |
-circumstance - status of offender -status of the victim -their relationship -the victims family -discretion of the law enforcement -media -political atmosphere -public opinion |
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What is tautology |
Circular logic -one word to define another word |
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Friendly fire incident (reading) |
US pilot who bombed Canadian soldiers in Afghanistan killing 4 and injured 8 -eithet exonerated or a prison term up to 64 years -charged with aggravated assault, involuntary manslaughter and dereliction of duty -was found guilty of dereliction of duty and fined $5,700
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What does 222 (5) state |
A person committed culpable homicide when he causes death of a human being
A) by means of an unlawful act
B) by criminal negligence (recklessness; mens rea)
C) by threats or fear of violence or by deception
D) frightening that human being in the case of a child or sick person |
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What is imminent |
-has to be present and real |
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What is common law tradition |
The unwritten law /case law -each case is handed on a case to case business -it is unclear law |
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Westray mine |
26 miners killed on nova Scotia mine by methane gas -mangers didnt follow safty concerns -117 who lived recived severance pay of 12 weeks -lawsuits from the dead was thrown out due to workers compensation act -52 non criminal charges of unsafe practices -no charges of manslaughter or criminal negligence |
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What is bill C-45 |
Westray law -makes business organizations criminally responsible for corporate offenses - contributed to sections 22.1 and 22.2 |
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What is 22.1 |
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Whar is 22.2 |
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What is the case of Michelle Carter |
Women convicted of involuntary manslaughter for persuading her bf to kill himself -15 months and 5 years of probation |
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What does section 222 (6) state |
Notwithstanding anything in this section, a person does not commit homicide within the meaning of this act by reason only thar he causes the death of a human being by procuring, by false evidence, thr conviction and death of that human being by sentence of the law -give justice system people advantage of citizens |
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Ex of section 222 (6) |
-If someone kills themselves because he is being prosecuted for a crime he didn't commit, thr justice system cant be held responsible (not culpable homicide) -michael bridges killing Erin Chorley (mr big sting) (not exceptable anymore) |
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Who was Charles Smith |
Pathologist who made questionable conclusions of 20 cases He was stripped of certificate and fined 3,650 -waudby was convicted of killing her daughter (public hair missing) -one year old killed by shaken by babysitter |
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Ashley Smith |
Teen who throw crap at post carrier and locked up -tried to kill herself -was ignored and eventually did kill herself -wasnt charged with homicide |
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Who was Lori Drew |
-acted as a teen boy and had a relationship with Megan meier (who killed herself) -accused of 3 counts of misdemeanors of violation of the online contract -ddint stuck |
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What are the 3 classifications of culpable homicide *section 222 (4) |
Murder Manslaughter Infanticide |
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Section 229. Culpable homicide is murder |
A) where the person who causes the death of a human being --------means to cause his death --------means to cause bodily harm that will cause death (recklessness)
B) a person who means to cause death and being reckless whether it happens
C) where a person or object does somthing he knows will cause death |
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What is first degree murder 231 (2) |
Murder is planned and deliberate (prrmeditation) -contracted murder (3) -murder if peace officer (4) -involing hijacking, sexual assault or kidnapping (5) -involving criminal harassment (6) -involving terrorist activity (6.01) -criminal organization (6.1) -intimidation (6.2)
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What is second degree murder 231 (7) |
Any murder that isn't first degree is second degree -planbed but not deliberate |
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Case of Robert Latimer |
Killed daughter with cerebral palsy -was charged eith second degree murder |
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Case of Robert Pickton |
Killer 50 women -charged eith first degree murder of 6 women -second degree degree of victims |
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Section 235 |
Both first and second degree murder are punishable by a mandatory life sentence |
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Parole |
First degree murder -can apply after serving 25 years Second degree murder -can apply after serving 10 years (judge can set it between 10-25 years) ( if serving prior murder conviction it must be 25 years) |
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What is the faint hope clause |
745.6 A person who is convicted of first or second degree murder and has served at least 15 years of the sentence can apply for the judicial review for reducing the parole eligibility requirement -1997 excluded multiple murderers from applying (Clifford olson) -completly revoked in 2011 |
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What did Clifford Olson do |
Killed 11 kids and teen from the bus station (Runaways) -sexual exchange -was a police informant -10,000 per body to tell where he barried the kids |
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What is manslaughter |
232 (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation -not planned -all other category |
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232 (2) |
Conduct of the victim that would constitute an indictable offense under this act that is punishable by 5 or more years of imprisonment and that is such a nature as to be sufficient to deprive an ordinary person of the power of self control is provocation for the purpose of this section, if accused acted on the sudden and before there was time for their passion to cool |
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232 (3) |
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Manslaughter penalties |
Maximum sentence of imprisonment of life -with a firearm ( 4 years min and may of life) -no min sentence |
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What is infanticide (233) |
A female person who commits infanticude when by a willful act or omission she causes the death of her newly-born child, if at the time of the act or amission she is not fully recovered from the effects of giving birth to the child and by reason therefore or of the effect of lactation consequent of the birth of the child her mind is then disturbed -part of the actus reus not mens rea |
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Punishment of infanticide |
Max sentence of 5 years |
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What is 237 |
A) every female who commits infanticide is quilty of an undictable offense and liable to imprisonment for a term not exceeding 5 years B) an offense punishable on summary conviction |
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R vs. LLG |
22 year old charged with infanticide -baby died from asphyxia -charged with 9 months in prison |
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What is a conditional sentence |
-doesnt actually go to prison -if violates probation u go to prison for a year. Ex. 1 year over 2 year probation |
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What is abortion 287 (1) |
Everyone who, with intent to procure the miscarriage of a female person, whether or not she is pregnant, uses any means for the purpose of carrying out his intention is guilty of an indictable offense and liable to imprisonment for life (changed in 2019) |
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Roe v. Wade (1990) |
US opened the door for abortion in the first trimester -decline in crime starting in 1990 |
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What is abortion theory |
Crime has gone down as those who had disadvantaged backgrounds were not around |
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What is the punishment for abortion |
Max of life imprisonment -suggesting its an offense comparable to manslaughter |
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Morgentaler (1988) |
Canada abortion legal -crine became to decline in 1990 -doesnt support abortion theory as kids would only be 2 |
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Accident |
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What is annihilation |
Extreme form of genocide in which the retirement race or group of people are massacred or wiped out |
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What are asbestos |
Deadly chemicals causing lung diseases and forms of cancer -canada continues to mine and export -quebec has the highest mesothelioma (cancer of chest and stomach) |
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What is asphyxiation |
To kill or maked unconscious by inadequate oxygen -obsttuction to normal breathing |
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Assassination |
Murdering its enemies as a religious duty -took hashish to induce ecstatic visions of paradise and open eyes before missions -night vision -used to describe killings of political figures and important people
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Breaking on the wheel |
Method of execution in which all the victims bones are broken by the executioner and then thr victim is left to die -some internal bleeding -makes sure person doesn't pass out -dead within a week -put the wheel up after |
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Budget cuts |
Leads to unsightly conditions that lead to death |
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Bullying |
Can lead to suicide or the victims striking back (school shootings) -inderectly |
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Burning at thr stake |
Used in Britain and Europe as a punishment for religious heresy and witchcraft -set to fire |
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Butcher |
To kill indiscriminately or brutally |
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Cannibalism |
Eating of any animal by another member of the same species -diet was mostly corn which lead to eating people |
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Carnage |
1) the flesh of slain animals or men 2) great and bloody slaughter (as in battle) |
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Collateral damage |
Used by military to describe and sometimes trivialize the destruction of properties and the injuring and killing of civilians in war -the killing of innocent civilians |
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Corporate killing |
Killing committed by a business usally for profit |
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Counter terrorism |
Preventative sticks to stop terrorism |
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Criminally not responsible |
Criminally insane or mentally not sound -tim McLean and Vince Li |
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Crucifixion |
-a method of capital punishment -wpuld no longer beable to breath from the weight of themselves and suffocated from lungs collapse. -break legs to spead up death |
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Death camp |
A concentration camp where a large number of prisoners were systematically killed |
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The death penalty |
Killing |
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Decapitation |
Removing of head -mode of executing capital punishment -regarded as an honorable death -ax to sword |
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Disembowelment |
The removal of gastrointestinal organs, the entrails or bowels |
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Do somebody in |
To murder or to seriously injury somebody |
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Duel |
A formal combat with weapons fought between two persons in thr presence of witnesses -antagonistic persons |
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Elephant |
Elephants were trained to execute their victims by crushing, dismembering or torturing |
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Electrocute |
To kill by electricity or electric shock |
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Capital punishment |
-form of homicide -not culpable homicide |
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Environment |
Environment risk factors contribute to 23% of deaths |
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Ethnic cleansing |
The restructuring of thr cultural or ethic composition of a population by forcing certian ethnic groups out of the territory, genocide and other coercive means |
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Euthanasia |
The act or practice of killing or permitting the death of hopelessly sick or injured individuals -painless and mercy |
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Evisceration |
The removal of vital organs |
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Exterminate |
To get rid of completely usally by killing off |
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Femicide |
Tge killing of females -one child policy in China |
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Firing squad |
A detachment detailed to fire volleys over the grave of one buried with military honors A detachment detailed to carry out a sentence of death by shooting |
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Flaying |
A method of execution by stripping off the skin and the flesh of the victim over hours or days |
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Foul play |
Treacherous or unfair dealing dealing -used when police suspects but have not yet confirmed that a homicide has happened |
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Gas chamber |
A chamber in which prisoners are executed by poison gas |
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Garrote |
Garrote is an iron collar tightened around a condemned persons neck until death happens by strangulation |
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Genocide |
The systematic annihilation of one category of people by another |
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Guillotine |
A machine for beheading by means of a heavy blade that slides down in vertical guides |
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Hanging or the gallows |
Gallows refers to a frame of a cross bean and two uprights -hanging involves the calculation of the weight drop and force |
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Holocaust |
A sacrifice consumed by fire A mass slaughter of European civilians by nazis in world War 2 |
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Hit |
Hit man is a professional assassin who works for a crime syndicate -hatchet man is a person who id hired for murder, coercion or attack |
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Honour killings |
To shed somebody else's blood for ones own honour |
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Who is Samia Imran |
Was seeking divorce -shot in head by hired killer by the family |
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Human sacrifice |
Part of religious and cultural traditions |
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Impaired driving |
Everyone who commits and offrnce under subsections is liable on conviction on indictment to imprisonment for life and to a minimum punishment of A) for a first offense a fine of 1000 B) second offense imprisonment of 30 days C) for each offense an imprisonment of a term of 120 days |
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Kamikaze |
Pilots used their airplanes as bombs and collided with every battleships -means divine wind |
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Killjng an unborn child |
Criminal offense that is as serious as manslaughter in terms of penalty |
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Lynching |
The hanging or killing of a person by mob action without legal authority |
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Malpractice |
Medical mistakes -kill 44000 to 100000 a year |
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Massacre |
The unnecessary killing of a number of human beings or animals -marc lupine killed 14 female engineering students |
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Mercy killing |
Euthanasia |
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Murder inc |
An arm of the American national crime syndicate to threaten maim and murder designated victims for price -1930s |
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Neutralize |
A situation or the enemy is to eliminate threats and decapacitate the opposing forces by thr destruction of the enemys weapons and the injury or killing of people |
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Patricide |
The act of killing one's father -oedipus |
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Pendulum |
A large blade several feet in length that swings and descends slowly on thr chest of a victim -method of execution -victim witnesses their own execution |
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Poisoning |
A means of capital punishment reserved for the privileged citizens in Greece and Rome |
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