481221
Description
Flashcards by shattering.illus, updated more than 1 year ago
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Created by shattering.illus
over 10 years ago
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| Question | Answer |
| Code of Hammurabi 2000BCE | first written criminal code developed in Babylonia |
| lex talions | punishment based on physical retaliation |
| Mosaic Code 1200BCE | covenant b/w do and tribes of Israel in w/h they agreed to obey his law in return for god's care & protection |
| Roman Law twelve tablets 451 BCE | debt, property, daily matters, formulated in response to pressure from lower class |
| werglid | medieval law, money paid by offender to compensate victim & state for offense |
| oath-helpers | middle ages, groups of 12-25 ppl who support accused innocence |
| crime traditionally was viewed as | personal wrong doings w/ compensation to victims |
| stare decisis Henry II 1154-1189 | principle that courts must follow law established in previously decided cases unless over ruled by higher ppl |
| common law | early english law developed by judges about tribal custom, feudal rules, practice, rule of behaviour |
| common law is a | constantly evolving legal code became basis of Can. law |
| Crimes against a perosn | 1. 1st-degree murder 2. Voluntary manslaughter 3. Assault 4.Rape 5. Robbery |
| Inchoate (incomplete) crimes | Incomplete or contemplated crimes - solicitation 1. Attempt 2.Conspiracy |
| crimes against property | 1. Burglary 2. Arson 3. Theft |
| Waltham Black Act 1723 | punished w/ death from offenses against rural property - arson poaching |
| Frame Breaking Act | ppl convicted of machine breaking sentenced to death |
| Before Confederation 1867 | not criminal code in Canada, Hudson's BayC. used employees to enforce penal code |
| Police of Canada Act NWMP | 1868 dominion of police 1873 became RCMP in 1920 |
| British North American Act 1867 | given power to create criminal statute law, provinces/territories responsible for administration |
| British North American Act 1867 | given power to create criminal statute law, provinces/territories responsible for administration |
| 3 Classifications of law | 1. Torts and crimes 2. indictable and summary offences 3. mala in se/mala prohibitum |
| civil law | property law, contract law, tort law |
| tort law | law of personal wrongs and damage, negligence, libel, slander |
| difference between criminal & civil law | crim: power to protect public from harm by punishing ppl who threaten order VS. CIV: harm is private and individuals are compensated by harm done |
| Criminal law two types | state is harmed by offender 1. Indictable offence 2. Summary offence |
| indictable offences | a serious offence w/ heavy penalty, murder |
| indictable offences | a serious offence w/ heavy penalty, murder |
| summary offence | a minor offence whose penalty is max 6 months in jail/fine |
| Mala in se | crimes rooted in core values inherent in our culture |
| Mala prohibitum | crimes defined by current public opinion & social values, subject to change |
| Mala prohibitum | crimes defined by current public opinion & social values, subject to change |
| criminal law is | written doe defining crime and punishment, centralized under federal gov. |
| criminal code includes 5 main concepts | 1)social control 2)discouraging revenge 3)expressing public opinion/morality 4)deterring criminal behaviour 5)maintaining social order |
| folkways | customs w/ no moral values attached ex not interrupting ppl |
| mores | customs and conventions essential to community, basis for crim. law |
| 3 problems w/ expressing public opinion/morality | 1) gauging majority 2)enforcing trivial laws 3) respecting rights of minority |
| vagrancy | a summary offence crime, meant to prohibit homeless, begging, loitering |
| general deterrence | measures aimed at convincing potential law violators that pains associated w/ crime outweigh benefits ex. long prison sentence |
| specific deterrence | punishment severe enough to convince convicted offenders never to repeat their crimes ex. social disapproval |
| 2 parts of the legal definition of crime | 1) actus reus 2)mens rea |
| actus reus | an illegal act of conscious/voluntary control, in affirmative, ex. stealing/shooting ppl, failure to act |
| mens rea | intent to commit criminal act, needed for most offences except liability |
| intent | carrying out an act intentionally, knowingly, willingly |
| transferred intent | an illegal yet unintended act results from intent to commit crime |
| constructive intent | finding of criminal liability for unintentional act that is result of negligence/ recklessness |
| strict-liability crimes | illegal acts w/ no need for mens rea; acts that endanger public welfare ex toxic dumping |
| criminal defences | 1)deny actus reus or mens reua 2)necessity, duress, self-defence, entrapment |
| ignorance/ mistake | an official statement of law that is later repealed ex. bigamy when husband/wife is thought to be dead |
| mental disorder | a disease of mind includes abnormal condition that implies impaired functioning, not self-induced states |
| fitness to stand trail | less then 1% of those charged, incapable of making decisions |
| M'Naghten Rule 1843 legal mental disorder | not knowing the nature and quality of act being performed. ex diff b/w right & wrong |
| intoxication | 1) forced/under duress involuntary intoxication 2) too intoxicated to commit crime |
| Duress | one of grounds that excuse an accused from responsibility from an act, if it can be shown that accused was forced/compelled by someone else to commit crime |
| necessity | must break law in order to avoid greater evil caused by natural forces |
| self defence | justified response to provocative behaviour of victim to protect offenders person/property |
| self defence must involve 2 things | 1)reasonable belief there is danger of death/harm 2)amount of force used must be no greater than necessary to prevent personal harm |
| entrapment | a criminal defence maintaining that police initiated criminal action |
| charter of rights and freedom included in constitution act 1982 | repatriated from Britain, all laws uphold charter |
| disclosure 1991 | a principle established in stinchcombe, ruled that prosecution must give all evidence gathered by police to defendant in order to make complete defence to charges |
| changing criminal law | gambling, marijuana |
| Assisted suicide obitiatry Euthanasia | Canada - deny right to death -Oregon, Netherlands, Belgium, Switerland |
| Stalking | criminal offence of following or harassing a victim even though no actual assault or battery has occurred |
| break ups stalking Women stalked in 5yrs friends stalking ex-partners stranger | 10% 11% 23% 17% 25% |
| Cyberstalking | use of internet, email, other electronic communication devices to stalk another person |
| sex offender registration | Requirement that released offenders register w/ police, report to them, & keep police informed of whereabouts |
| community notification | Legislation that requires convicted sex offenders to register w/local police when they move into an area/neighbourhood |
| three strikes | is a dangerous offender |
| National DNA Databank | Collects DNA from all convicted offenders |
| Corporate Crime Westray Bill | makes organizations criminally liable when seniors offiers commit/ not stop a crime penalty $100000 |
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