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61 Cards in this Set
- Front
- Back
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What is liability |
Is established by an act and intent -both the physical and mental elements of crime has to be present |
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How is a person found liable |
They are liable if the prosecutioner establishes criminal responsibility beyond a reasonable doubt -that the individual has free will when acting - they r capable in deciding what is right and wrong |
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What does actus reus mean |
Latin word meaning guilty act or wrongful act |
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What is actus reus example |
When a person commits an assault without the consent of another person, he applied force intentionally to that person, directly or indirectly -intenetionally implies mens rea (mental element of crime) |
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What is a conduct |
May be an act an omission or a state of being Ex. Shooting with a gun voluntary is an act |
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What is the failure to act (conduct) |
A actus reus if a failure to take action the person is presumably under some legal obligation to act in a certain way |
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What are some examples of a failure to act |
- a parent or guardian is to provide necessaries of life for a child under the age of 16 -provide necessaries of life to their spouse or common law partner |
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Criminal code and the failure to act |
Criminal code provides that a person is criminally negligent if they omit a legal obli |
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What are some examples of the failure to act in medical cases |
-15 year old girl with crohn's disease refusing transfusions (jehovah witness) |
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What is state of being (conduct) |
The phrase " is found without lawful excuse" implies a state of being |
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What act protects prostitution |
The protection of communities and exploited persons act -give sexe workers the ability to protect themselves and create ways to help get them out of industry |
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What is legal in the protection of communities and exploited persons act (prostitution) |
- communicate with the intention of selling sex in some circumstances -to advertise your own services -to receive financial benefit from sex workers/ work |
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What is illegal in the protection of communities and exploited persons act (prostitution) |
-illegal to sell sex near any area where people under 18 are expected to be -to purchase sexual services (5 years or fines starting at 500) -to advertises the sale of others sexual services -to financially benefit from the sale of sex (owning escort agencies) |
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Actus reus: circumstances What's an example |
What circumstances must be present for an offence to have been committed Ex. R. v. Andsten and petrie (private detectives) |
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"Everyone who loiters or prowls at night on the property of another person near a dwelling house situated on that property is guilty of an offence" What circumstances must be present for a crime to have been committed |
1) the prowling must happen at night 2) it must happen on another's property 3) it must be near a dwelling house 4) the house must be placed on the property |
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Everyone commits vagrancy who.... |
1) supports himself in whole or part by gaming or crime (Everyone who commits vagrancy is punishable of a summary conviction) |
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What is cause and consequences link (causal link) |
To establish responsibility there has to be a link between the act and the consequences Ex stabbing someone |
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What is the time link for death between cause and consequences for a person to be charged |
366 days 1 year and 1 day after the happened |
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Summary if actus reus |
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What are the 3 mens rea |
1) intention 2) knowledge 3) recklessness |
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What is mens rea intention |
Means that the accused person intended or ment to cause a certain wrongful consequences (was not an accident) Ex. Takes a motor vehicle with the intent to drive it cause it to be driven without consent |
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What is specific intent |
In providing criminal liability some offences require a specific kind if intent |
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What are the 2 ways motive can be relevant |
1) used as evidence to help prove the intention of the accused 2) relevant in sentencing |
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Mens rea knowledge |
Necessary that the accused has knowledge or awareness of certain circumstances |
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Mens rea recklessness |
Is not always necessary to prove that the accused intenflfed to commit the offence -mens rea is established if the accused was reckless about committing the offence (R. V.v Droste- man tried to kill wife by car accident but ended up killing kids instead. He went through with the accident despite the risk of hurting kids) |
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What is constructive murder |
If a homicide is committed with a serious crime such as assaulting a peace officer, sexual assault, kidnapping, robbery or breaking and entering the accused is found guilty of murder |
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What is strict liability offences and what are some examples |
They dint require the proof of intent ( Quasi offences, regulatory offences, statutory offences, publice welfare or traffic offenses) |
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What is automatism |
A state in which a person has no conscious contr over their bodily movements |
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What are some causes of automatism |
- ingestion of intoxicants -appareltny normal state like sleepwalking or hypnosis -physical blow( caused by an external event) -psychological blow (mental blow) -insane (disease of the mind) |
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Examples if automatism |
R.v. Parks (killing inlaws in sleep) R.v. k. (Killing wife due to depression) R.v. Luedecke (raping girl in sleep) |
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What is mistaken of facts |
Accused must demonstrate that they honestly believed in what they thought we the facts related to the situations of the crime Ex. BEAVERS v. R (thought he was selling sugar not narcotics) |
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What is insanity |
A person isnt criminally responsible for an act committed while suffering from a mental disorder that rendered them incapable of appreciating the nature and quality of the act or of knowing it was wrong |
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How effective is insanity |
1% of causes |
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What is necessity |
Relevant defences for crimes committed in situations of emergency where normal human instincts complete a person to break the law (Threat towardd the accused and must have altruistic motives) |
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What is duress or compulsion |
Specific type of the general defences of necessity no-one commits an offence under compulsion by threats to immediate death or bodily harm from another present is excused from committing the offence I'd the person believed there threats would be carried out |
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What is self defense |
Using forever in order to protect themselves against an unprovoked assault - force is not intended to cause death or lots of bodily harm |
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Why do we have defences |
to protect innocent people from being falsely accused and wrongly convicted |
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What are office satatistics based on |
Police reports, court reports, correctional reposrts |
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What is the uniform crime report and who carries it out |
A survey of police departments regarding repotated crimes in their area US (FBI) Canada (center for justice statistics) |
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What us the crime severity index |
Developed to capture the seriousness of crime by assigning weights according to the seriousness of the offence |
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What does the national crime victimization survey do |
Estimates the likelihood of victimization by rape, sexual assault, robbery, assault, theft, motor theft, burglary for the population as a whole -allows victims to describe the impact of crime and characteristics of violent offenders (Once every 5 to 6 years) |
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What are self report studies |
Questionnaire surveys of people with respect to their involvement in criminal behaviour -minor offences |
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What are some possible explanations for the drop in crime rates |
-demographic change -economic cycle -tougher law/ more criminals in prison |
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When did the young offenders act come into play and what did it to |
1984 -youths aged 12 to 18 were held criminally liable for committing crimes -offence approach |
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What did the juvenile delinquents act state |
1908-1984 -youths under 18 what committed a crime were considered delinquents or welfare cases and weren't criminally liable for the offence |
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What is the youth criminal justice act |
2002-2003 - adopted a more flexible approach by which informal sanctions and extralegal options were made available -offerecs can warm, administer a caution first, recomend a program |
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What are the extrajudicial measures under the YCJA |
-no further action -warning from officer -police cautions (more formal warning) (letter) -crown cautions ( prosecutors give the caution) -refferals to programs by the police -extrajudicial sanctions |
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What is the abortion theory |
Is that abortion kills the would be criminals |
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What is the ambulance theory |
Emergency responses help to bring down homicide rates to aggravated assault or attempted murder |
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What are some reasons for the drop of crime/ homicide in youth |
-demographic shift (from a young generation to older generation) -abortion theory -ambulence theory |
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Who are the most likely offenders |
17 year olds -Male -property crime age 13-14 - violent crimes 18 (Close link between age and crime)
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What are the ages when crimes peak |
15-17 for violent or property 18-19 for serious crimes |
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What do strain theorists suggest about why youth commit crimes |
Adolescence is a time of transition -are expected to have good grades and be responsible for actions but lack the resources and support to do all that -turn to delinquency to again a sence of achievement |
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What do control theorists believe why youth commit crimes |
-focus on the cost of delinquency -the costs of crime increases with age -dont get as serious crimes so they may need see crimes as consequential |
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Why do women commit less crimes |
They have stronger social bonds -parent attachment -commitment to school - peer attachment |
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What did William Thomas suggest about y women commit crime |
Humans have 4 biological instincts (anger, fear, love, gain power) -women commit crime (prostitution) because they have a great need to give and receive love |
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What did lambro lambroso and Ferrero |
Women are atavistic |
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What does otto pollak saw about women in crime |
Women are more skillful in finding their criminal acts -women commit crimes that are hard to detect like child abuse, abortion, poising -y low crime rate low for women -women deceive men through sexual relations -women are masterminds |
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What does women liberation thesis suggest |
women nowadays are no longer confined to their homes and have more opportunities to commit crime in the work place (Fraud rate in women increased 6 times and theft increased by 3 times in twenty year period) |
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What are the 3 possible explanations for the over representation of native in jail |
1) they commit more crimes 2) discrimination in the system (more arrests and convictions) 3) social inequality in society |
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5 facts of the relationship between class and crime (John braithwaite) |
1) class doesn't make a difference in the rate of minor offences 2) the poor are more likely to be inv in serious offences 3) most studies that doesn't show the relationships are based on samples of adolescent children 4) studies on official statistics support the relationship 5) results from canadian studies are comparable to US |
