1. 200 300 400 500 100 200 300 400 500 100 200 300 400 500 100 200 300 400 500 100 200 300 400 500 100 Crime Criminal Vocab The Elements Involvement In a Crime Mixed Nuts

2. Why are laws in the Criminal Code added, revised, or repealed? Please give an example?

3. -to reflect the changing social values of the majority of Canadians, to update issues such as technology, and to further prevent loopholes. -Gay Marriage, Alcohol, etc.

4. What is the main source of criminal laws in Canada and what does it contain?

5. -The Criminal Code of Canada -Lists offences, sentences, & procedures for trying specific cases.

6. Protecting People and Property, Maintaining Order, and Preserving Standards of Public Decency.

7. These are the main purposes of criminal law

8. These laws differ according to the needs of the province

9. Quasi – Criminal Laws (usually punished by a fine) (liquor & traffic regulations)

10. What four conditions must exist for an act or omission to be considered a crime?

11. -the act is considered wrong by society. -the act causes harm to society in general or to those who need protection -the harm must be serious -the remedy must be handled by the criminal justice system

12. What are the 3 types of Offences?

13. -Summary Offence -Hybrid Offence -Indictable Offence

14. What is due diligence and when is it used?

15. The DEFENCE that the accused took every reasonable precaution to avoid committing a particular offence. - It is used in strict liability cases. i.e., swimming pools, mills.

16. Being legally responsible for a wrongful action makes you ___________________

17. LIABLE

18. Environmental Protection and Hunting and Fishing Regulations are examples of what type of laws? Why do we have them?

19. REGULATORY LAWS: meant to protect the public welfare.

20. This is an offence that does not require mens rea and the accused can not offer a defence.

21. ABSOLUTE LIABILITY OFFENCES (Speeding, Driving w/o a license)

22. You require glasses to drive. You are on a date and do not like the way your glasses make you look so you decide to leave them home. Your vision is blurred and you do not see the turn in the road and cause an accident. The Crown can establish mens rea by proving that you were _____________________________.

23. RECKLESSNESS – consciously taking an unjustifiable risk that a reasonable person would not take.

24. Not giving your child enough food to eat, and then they die of malnutrition. How does this fall under actus reus?

25. The OMISSION, of failing to provide the child with the necessities of life.

26. Punching Melissa in the face so that when she looks down I can steal her purse is an example of what?

27. SPECIFIC INTENT

28. Samantha kills her best friend Amy because she is jealous that her boyfriend has a crush on Amy. Jealousy is an example of a ______________. Is this an element that can convict the accused?

29. MOTIVE, no b/c it does not establish her state of mind or her intent to kill Amy. Must establish intent by showing the killing was planned and deliberate.

30. What are the 2 elements that must exist for a case to be considered a criminal offence? Explain the difference between them

31. -Actus Reus: guilty act, voluntary action, omission or state of being that is forbidden by the CCC. -Mens Rea: guilty mind, a deliberate intention to commit a crime (knowing, willful blindness, reckless, negligence

32. Giving your friend the key to your workplace is an example of:

33. AIDING

34. Does the person actually have to be present at the scene of the offence to be identified as a perpetrator or a co-perp?

35. YES

36. Scott encourages Lauren to keep hitting Nick outside the theatre.

37. ABETTING

38. Julia persuades Boris to steal a diamond ring from the jewelry store she works at and advises him of the best way to do this.

39. COUNSELLING

40. If you and five of your friends decided to rob a bank, and one of them shoots and kills the security guard, who will be charged with murder?

41. All 6 can be charged with murder, under Party to Common Intention: shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit.

42. Nick enjoys fire, so he sets a house on fire. What type of intent is this?

43. GENERAL INTENT

44. The couple being charged in the death of their 2 year old daughter with the toy pen in her bowel is potentially guilty on what basis?

45. CRIMINAL NEGLIGENCE – omitting to provide adequate care and supervision to their child.

46. Why are people more often charged with manslaughter, as opposed to murder?

47. General intent is easier to prove. Manslaughter is unplanned or unintentional:general - whereas murder (planned & deliberate) is specific.

48. What are the two types of INCOMPLETE CRIMES? Explain each.

49. -Exception to the rule of “actus reus”, in that the act must be completed for the crime to exist. -ATTEMPT: had to intent to commit crime but for some reason failed to carry it through. Must prove intent and took necessary steps toward committing crime. i.e., constructing a bomb. -CONSPIRACY: agreement btw 2 or more ppl to carry out an illegal act, even if that act does not actually occur. Even if they change their minds, they are still guilty. i.e., hiring a hit man.

50. -Explain Summary, Hybrid, and Indictable Offence. -Give an example of each -Give one other point each.

51. SUMMARY HYBRIDINDICTABLE Less Serious Offences Grey Area (not quite summary, yet not quite indictable Serious Offences -Streaking -Theft under $5000 -Motor Vehicle Theft -Theft of $4500 -Beastiality -Mailing obscene matter -Hijacking -Theft over $5000 -Murder -Provincial Court-Superior, then Provincial (if summary) -Superior Provincial Court (Court of Queen’s Bench