Criminal Law

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Criminal Law

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30 Terms

1

Criminal Law

Deals with offenses against society and seeks to punish and rehabilitate offenders, keep the peace, and protect people and property. It is the federal government's responsibility.

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2

Summary Conviction Offenses

Minor criminal offenses, equivalent to misdemeanors in the USA.

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3

Indictable Offenses

More serious criminal offenses, equivalent to felony crimes in the USA.

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4

Hybrid Offenses

Offenses that can be charged as either summary or indictable, depending on the circumstances.

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5

Actus Reus

The criminal action, which must be proven against an accused to get a conviction.

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6

Mens Rea

The criminal intent or guilty mind, which must also be proven against an accused to get a conviction.

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7

Superior Court

The trial and appeal division of the provincial court system for important criminal cases.

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8

Supreme Court of Canada

Hears appeals on points of law and ensures adherence to the Charter of Rights and Freedoms.

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9

Legal Arrest

Requires reasonable and probable grounds for the police, and the police must advise the arrested person of their rights.

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10

Legal Rights of the Arrested

Includes the right to remain silent, as well as other rights listed in the Charter.

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11

Police Powers

Include the ability to use necessary force to prevent an escape and the requirement of a search warrant for private residences.

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12

Adversarial System

Our trial system where opposing sides present evidence to prove guilt or innocence.

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13

Types of Evidence

The judge determines the admissibility of evidence in Canadian courts.

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14

Jury Selection Process

Describes how juries are selected in Canada.

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15

Types of Homicide

First Degree, Second Degree, Manslaughter, Infanticide, and Negligent Homicide.

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16

Crimes of Violence

Examples include assault and sexual assault, with severity determining the category.

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17

Crimes Against Property

Examples include identity theft, fraud, and possession of prohibited weapons.

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18

Defenses

The accused's response to a criminal charge, including alibi, problems with eyewitness evidence, and various legal defenses.

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19

Youth Criminal Justice Act (YCJA)

Deals with how youth aged 12-17 are handled in the criminal justice system, emphasizing rehabilitation and providing additional rights and programs for youth offenders.

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20

Legal Rights of Youths

Youths have the same rights as adults under the Charter and additional rights under the YCJA.

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21

Extrajudicial Sanctions and Measures

Programs designed to deal with youth outside the court system.

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22

Sentencing Options for Youth

Jail time is a last resort, and other options are considered for youth offenders.

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23

Not Criminally Responsible

Automatism (Insane and non-Insane)

Provocation

Duress

Necessity

Entrapment

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24

Insane Automatism

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