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34 Cards in this Set
- Front
- Back
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If the judge is 65% sure the defendant is guilty, there is a guilty verdict. True or False? |
False. There must be something like a 90% chance. |
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Provinces have the power to _________ criminal law. |
Administrate. |
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James is 14 years old and commits a robbery. What act is he prosecuted under? |
Youth Criminal Justice Act. |
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3 types of criminal offences? |
Indictable, Summary, and Hybrid. |
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2 components of analyzing a crime? |
Actus Rea and Mens Rea |
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Think Skull Rule? |
You cannot argue that if not for a pre existing medical condition the offence would not have resulted how it did. |
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If someone falls far below the level of what a reasonable person would do in a certain situation, it is called what? |
Criminal negligence. |
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The penalty for causing death by criminal negligence |
Life in prison. |
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trill |
trll |
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Which of actus rea and mens rea is needed to constitute a crime? |
Mens rea. |
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How can you abet a crime? |
Do something to encourage an offence |
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A robs a store while B is waiting to drive the getaway car. A sexually assaults a store employee in the process of the robbery. What is B charged with? |
Robbery. |
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A robs a store, B is driving the getaway car. A assaults a store employee in the process of the robbery. What is B charged with? |
Robbery AND assault |
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Bob tells Marcus to assassinate Jaimie. Marcus does not end up carrying out the offence. Is Bob guilty? If so, what for? |
Yes, Bob is guilty of attempted murder. |
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3 components of Mistake of Fact? |
Mistake must be relevant, Standard for Mistake is honest or reasonable, Onus of Proof is on the prosecution |
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A defendant pleads insanity. He is presumed ______. |
Sane. |
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Ignorance of the law is not an excuse, but if no __________ then no offence. |
Mens rea |
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If you relied on advice or information of an official that pointed you in the wrong direction towards committing the charge that you are going to be convicted of, this is called? |
Officially Induced Error |
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A description of general intent would be ___________. |
Doing X for it's own purpose. |
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A description of specific intent would be ___________. |
Doing X to achieve Y. |
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Burden of proof for insanity is on _______. |
the party who raised it. |
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Dissociative state means |
doing things you are not aware of |
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4 types of defence? |
Provocation, Necessity, Self Defence, Duress |
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Investigation rests largely with the ________. |
Police. |
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Prosecution rests largely with _________. |
Crown attorney. |
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A murders someone. A has the right to a preliminary inquiry. True or false. |
True. Murder is a indictable offence and those types of crimes have the option to have preliminary inquiry. |
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Summary conviction trial option? |
Judge alone in the Ontario Court of Justice without a preliminary inquiry |
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Arbitrary detention is common in _______. |
driving offences |
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When is it reasonable grounds to issue a warrant? |
where credibly-based probability replaces suspicion |
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When is a warrant necessary? |
A warrant is only required where police conduct will invade a person’s reasonable expectation of privacy |
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What is the most common instance of warrantless search? |
when a person is searched incident (due) to their arrest |
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Police have the power to search a __________ person. |
lawfully arrested |
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Right to Counsel? |
Guarantees the right, on arrest or detention, to retain and instruct counsel without delay and to be informed of that right |
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What 2 duties must the police do when someone is arrested? |
• Informational duties: What the detainee must be told • Implementational duties: What must be done to enable detainee to exercise her rights - Conditional on reasonable diligence of detainee |
