Saturday, October 16, 2010

Criminal Law Questions

Criminal Law Questions.
1. Which four conditions must apply for an action to be considered a crime?
2. What are the three main goals of criminal law?
3. What is the Criminal Code of Canada?
4. Is the Criminal Code of Canada the only legislation controlling crime? Give an example of at least one other legislation that controls criminal behaviour.
5. The Criminal Code of Canada does three things. What are they?
6. Give at least one reason why the Criminal Code of Canada needs to be revised from time to time.
7. What would a quasi-criminal offence be? Which jurisdiction is responsible for passing such laws? What fines are most likely to result if such legislation has been breached?
8. The guilty act plus the guilty mind equals _______________.
9. Describe the difference between general intent and specific intent offences. Give one example.
10. Give a unique example for criminal negligence.
11. How would you distinguish between recklessness and willful blindness?
12. Under what circumstances is due diligence a defense? Provide your own example.
13. Explain the following and provide your own, clear example: aiding, abetting, counseling, accessory after the fact, party to a common intention, attempt.
14. Read through pp.157-160 and answer the questions.
15. What is the role of the following people in the legal system? Judge, justice of the peace, accused, defense counsel, prosecutor or Crown counsel, court clerk, bailiff, jury, witness.
16. Describe the sequence of a trial.
17. What is hearsay?
18. Why are leading questions not permissible if asked of your own witness?
19. What would the purpose of leading questions be by the cross-examiner?
20. What is an objection? Who has to rule on an objection and how?
21. Why is it possible to convict based on circumstantial evidence?
22. What is a voir dire?
23. In Canada, polygraph tests are not used for evidence. However, the observations by police officers of the person taking the polygraph test are. What is the difference?
24. On what basis can an accused who has been found guilty appeal?
25. Read pp. 184-187
26. Choose two offences from Chapter 9 and outline in a presentation the following: What these offences are, what needs to be proven in order to convict, the maximum sentence for these offenses. Find a case or two for each of these offenses on the Supreme Court or Provincial Court website and outline the issues in each case.
27. What kinds of defenses are generally available?
28. What is sentencing?
29. What sentence considerations are usually made?
30. What are conditional sentences?