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CC 100- (3) Criminal Law in Canada

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Criminology
Alyssa Elligson
Quiz by Alyssa Elligson, updated more than 1 year ago
Alyssa Elligson
Created by Alyssa Elligson over 6 years ago
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Resource summary

Question 1

Question
What is the legal definition of a crime?
Answer
  • conduct that is prohibited by law and subject to a penal sanction
  • an action that hurts someone else
  • imposing on the rights of others
  • enforced by police and judiciary

Question 2

Question
Criminal law is the entire set of principles, procedures, and rules established by government throughout the courts and criminal legislation in order to ensure public safety
Answer
  • True
  • False

Question 3

Question
[blank_start]Criminal[blank_end] Law: -violation of [blank_start]public[blank_end] order, prosecuted by the state -finding of [blank_start]guilt or innocence[blank_end] -burden of proof: beyond a reasonable doubt -results in criminal penalties (e.g. [blank_start]imprisonment[blank_end]) [blank_start]Civil[blank_end] Law: -[blank_start]infringement[blank_end] of contract or rights of another citizen -party who feels "wronged" - civil suit -burden of proof: balance or probabilities -results in an award of damages (e.g. [blank_start]monetary compensation[blank_end])
Answer
  • Criminal
  • Civil Law
  • Court
  • public
  • social
  • independent
  • guilt or innocence
  • right or wrong
  • imprisonment
  • acquittal
  • Civil
  • Criminal Law
  • infringement
  • supporting
  • adopting
  • monetary compensation
  • imprisonment
  • free stuff

Question 4

Question
What are the 3 purposes of Criminal law?
Answer
  • Deterrence- discourage individual offenders (specific deterrence) and members of general public (general deterrence) from offending
  • Restitution
  • Retribution- punishment
  • Denunciation-criminal behaviour is socially unacceptable and wrong
  • Courts- innocence or guilt

Question 5

Question
Where does criminal law come from in Canada? 1. L[blank_start]egislation[blank_end] 2. j[blank_start]udicial decisions[blank_end]
Answer
  • egislation
  • udicial decisions

Question 6

Question
Constitution Act of 1867:
Answer
  • Parliament has exclusive jurisdiction over criminal law & procedures
  • Federal legislation law
  • Supreme Court of Canada ruled that a criminal law passed by the federal government must be directed against a "public evil" or some form of behaviour that has an injurious effect on the Canadian public

Question 7

Question
The criminal code of Canada:
Answer
  • First passed in 1892
  • defines criminal acts and the legal elements that must be present for a conviction
  • criminal procedures to be followed in prosecuting a case and the powers of CJS officials
  • is in charge of everything

Question 8

Question
Summary offences are:
Answer
  • Felonies- more serious offences (e.g. murder)
  • Misdemeanours- less serious offences (e.g. theft under $5,000)
  • generally result in max sentence of 6 months imprisonment or fine
  • involve preliminary hearing

Question 9

Question
Indictable Offences are:
Answer
  • Less serious offences
  • Felonies - e.g. murder
  • may result in long term imprisonment
  • involve preliminary hearing to determine if to proceed to trial
  • proceeds to trial in Provincial Court

Question 10

Question
Hybrid Offences:
Answer
  • A. can be proceeded by way of summary conviction or indictment
  • B. Crown prosecutor decides
  • C. both A and B
  • D. a mix of offences

Question 11

Question
Constitution Act:
Answer
  • developed in 1867
  • provinces have jurisdiction to enact legislation over health, education, highways, liquor control etc.
  • is important

Question 12

Question
Regulatory Legislation does not address "public evil", but is concerned with orderly regulation or legitimate activities
Answer
  • True
  • False

Question 13

Question
[blank_start]Common[blank_end] law is an english body of law defined through successive decisions by [blank_start]judges[blank_end]
Answer
  • Common
  • Criminal
  • English
  • courts
  • judges
  • police
  • crown attorney

Question 14

Question
Actus Reus includes 3 elements of crime:
Answer
  • Conduct
  • "material" circumstances
  • consequences of voluntary conduct
  • Prejury
  • involuntary conduct

Question 15

Question
Mens Rea Elements of Crime:
Answer
  • mental elements of crime (other than voluntariness)
  • must understand & intend the consequences of his/her actions
  • involuntary actions

Question 16

Question
most regulatory offences are considered offences of strict liability
Answer
  • True
  • False

Question 17

Question
Criminal Code section 21 says (1) anyone is a party to a crime who (1) actually commits crime, (2) [blank_start]aids[blank_end] another person to commit it, or (3) [blank_start]abets[blank_end] (encourages) any person to commit it those who aid or abets are [blank_start]equally[blank_end] as guilty as those who actually commit it
Answer
  • aids
  • abets
  • equally

Question 18

Question
Inchoate Offences/Crime is:
Answer
  • when a person attempts to create a moral panic
  • when a person commits a less serious crime
  • when a person attempts to bring about a crime but is unsuccessful
  • when a person attempts to bring about a crime and is successful

Question 19

Question
3 types of criminal code inchoate offences:
Answer
  • criminal attempt - takes action that manifests intention to commit a crime
  • Conspiracy- enters into an agreement to help another with a crime
  • Crime control- controlling crime before it happens
  • Counselling- enticing another to commit a crime

Question 20

Question
A mental disorder as a defence to a criminal charge means the accused lacks the capacity to appreciate the nature of the act being committed A not criminally responsible on account of mental disorder (NCRMD) accused may be granted: 1. an [blank_start]absolute[blank_end] discharge 2. a [blank_start]conditional[blank_end] discharge 3. an order holding them in custody in a [blank_start]psychiatric[blank_end] facility
Answer
  • absolute
  • conditional
  • psychiatric

Question 21

Question
General defences to a criminal charge: Mistake of fact is:
Answer
  • mistaking a criminal action as non criminal
  • ignorance of the law is not mistake of fact
  • the accused made an honest mistake that resulted in a crime
  • accused committed a crime knowingly

Question 22

Question
General defences to a criminal charge: Intoxication:
Answer
  • is a defence if it can be proved it prevented the accused from forming mens rea
  • may not be raised as a valid defence
  • unfair to convict if unable to form intent required for a specific offence
  • is automatically a valid defence

Question 23

Question
Necessity as a general defence to criminal charge:
Answer
  • A. says accused commits lesser evil of crime to avoid occurrence of greater evil
  • B. accused is considered to have acted involuntarily from a moral viewpoint
  • Both A and B
  • it is a necessity that the crime was committed at the time it was

Question 24

Question
General defence to criminal charge: Duress:
Answer
  • threats of violence
  • accused or their spouse / child must be subjected to a death threat or bodily harm
  • none of the above

Question 25

Question
General defence to criminal charge: Provocation:
Answer
  • if successful, results in manslaughter conviction
  • partial defence, raised only when charge is murder
  • general defence used commonly
  • accused must have killed in heat of passion caused by sudden provocation - has to be sufficient enough to deprive an ordinary person of self-control

Question 26

Question
General defence to criminal charge: Self -Defence:
Answer
  • no real evidence is needed to know it was self defence
  • accused must show evidence of unlawful, unprovoked assault , force used in self-defence was not intended to inflict death but to defend oneself
  • involves domestic violence (battered woman's syndrome)
  • self defence is common

Question 27

Question
Second most common sentence in Canada after probation is?
Answer
  • Custody (imprisonment)
  • fines
  • counselling
  • rehabilitation

Question 28

Question
the Charter of Rights and Freedoms (part of the 1982 constitution act):
Answer
  • restricts power of state and protects rights of individuals
  • right to restitution
  • right to life, liberty & freedom
  • right to security against unreasonable search & seizure
  • right to not be arbitrarily detained or imprisoned
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