Chapter 3 Criminal Law - these are the notes and test bank PDF

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: s: e:Chapter 3 - Criminal Law In general, for an act to be defined legally as a crime, which of the following must be true? a. The perpetrator must realize it is a crime. b. There must be a prohibition against the conduct. c. It must contravene a society’s moral code. d. The entire society must co...

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Chapter 3 - Criminal Law 1. In general, for an act to be defined legally as a crime, which of the following must be true? a. The perpetrator must realize it is a crime. b. There must be a prohibition against the conduct. c. It must contravene a society’s moral code. d. The entire society must condemn the act. ANSWER: b 2. Which of the following is a source of Canadian criminal law? a. municipal legislation b. victim statements c. police arrests

d. federal legislation

ANSWER: d 3. Which of the following is the main source of criminal law in Canada? a. the Criminal Code b. the Youth Criminal Justice Act c. the Controlled Drugs and Substances Act d. the Canadian Charter of Rights and Freedoms ANSWER: a 4. The Criminal Code of Canada includes a number of provisions to address crime in Canadian society. Which

of the following does substantive criminal law address? a. the classification of offences and how they must be addressed in courts b. the guidelines to be followed by police in addressing crime c. general principles of criminal responsibility d. the nature and elements of various criminal offences ANSWER: d 5. What is the term for a body of legislation that specifies the steps to be followed in the prosecution of a

criminal case? a. the Charter of Rights and Freedoms c. crime

b. criminal

procedure d. common law

ANSWER: b 6. The Criminal Code classifies offences into which of the following categories? a. misdemeanours, mixed or hybrid, indictable b. felonies and misdemeanours c. summary, indictable, mixed or hybrid d. misdemeanours, indictable, mixed or hybrid ANSWER: c

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Chapter 3 - Criminal Law 7. What is the term used to denote the most serious offences in the Canadian Criminal Code? a. true crime b. summary offence c. hybrid offence

d. indictable offence

ANSWER: d 8. Which of the following best describes regulatory offences? a.They can be enacted only by the Parliament of Canada. b.They involve prohibited conduct that is also a serious breach of community

values. c.They are created by legislation (federal, provincial, or territorial) that regulates

inherently legitimate activities. d.They can only be enacted by provincial governments. ANSWER: c 9. Which of the following elements is missing from regulatory offences resulting in their classification as quasi-

criminal laws? a. police intervention c. legislation

b. public evil d. judicial decisions

ANSWER: b 10. Which of the following is a common law offence in Canada at the present time? b. homicide in the form of manslaughter a. assault causing bodily

harm c. contempt of court

d. fraud

ANSWER: c 11. What piece of legislation does the Supreme Court refer to in determining whether the rights of an individual

accused of a criminal offence are being protected? a. Criminal Code of Canada b. Canadian Charter of Rights and Freedoms c. Canadian Bill of Rights d. Constitution Act of 1967 ANSWER: b 12. Under the provisions of the Canadian Charter of Rights and Freedoms, which of the following best describes

the role of the Supreme Court of Canada? a. decides whether the Charter is a valid piece of legislation b. declares invalid any piece of legislation that infringes on an individual’s Charter rights c. decides if the provincial government can introduce criminal legislation d. helps judges determine common law that is applicable to the Criminal Code Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law ANSWER: b 13. Which of the following is now legal after the previous law was deemed unconstitutional in 2015? a. non-medically assisted death b. active euthanasia c. active suicide

d. physician-assisted suicide

ANSWER: d 14. Which of the following individuals would be the most likely to qualify for a medically assisted death under the new Criminal Code provisions? a. an 80-year-old man with dementia b. a 45-year-old man with kidney disease c. a 78-year-old woman with final stage pancreatic cancer d. a 12-year-old boy with a heart defect ANSWER: c 15. Criminal law is based around the presence of two elements. Which element refers to the conduct of an

individual with regard to a criminal event? b. facit a. actus reum reus c. mens rea d. nisi siti ANSWER: a 16. Criminal law is based around the presence of two elements. Which element refers to the state of mind of an individual with regard to a criminal event? a. actus b. facit reus reum c. mens rea d. nisi siti ANSWER: c 17. According to the Supreme Court of Canada in the case of Théroux (1993), a defendant can only be convicted

of a criminal offence if that defendant acted voluntarily when committing that offence. Which element of a crime must include an element of voluntariness according to the justices in this case? b. habeas a. mensa sana corpus c. mens rea d. actus reus ANSWER: d 18. The police are called to a school to address an altercation between two boys. Jim has a broken arm after Tom slammed him into the wall of the school because Tom believed Jim had stolen his phone. It was a case of mistaken identity. What

is the material circumstance component of actus reus in this event? a. Jim has a broken arm b. Jim was not the intended target c. Tom slammed Jim into the wall d. Jim did not consent to being pushed ANSWER: d Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law 19. When is failure to come to the rescue of someone in serious danger a crime in Canada? a.under any circumstance b.only when the person in danger communicates his/her plight c.only when there is a pre-existing legal duty to act, such as a parent failing to

come to the rescue of his/her small child d.only when there is a pre-existing duty to act and an emergency call to officials

(like 911) is not available ANSWER: c 20. Which of the following best describes automatism in the context of criminal law? a. it is unavailable in Canada b. it describes unconscious, involuntary behaviour c. it is available only for indictable offences d. the burden of proof is on the Crown to prove that the individual was

unconscious ANSWER: b 21. Which of the following scenarios involves a consideration of objective mens rea (reasonable person) in the

context of a criminal law? a.a woman stops her car in the middle of the road to allow ducks to cross on a foggy day and a family is killed when their vehicle runs into hers b.a drug trafficker is convicted after selling cocaine c.a woman is convicted of first-degree murder after killing her husband in his sleep d.a burglar is convicted of robbery after stealing from an individual who left the doors unlocked ANSWER: a 22. Which of the following crimes does NOT require proof of objective mens rea? a. murder b. dangerous driving c. assault causing bodily harm d. criminal negligence causing death or bodily

harm ANSWER: a 23. Which of the following correctly lists the three forms of subjective mens rea recognized in Canada as

necessary for conviction for a crime? a. intention and knowledge, recklessness, automatism b. recklessness, ignorance of the law and wilful blindness c. recklessness, wilful blindness, intention and knowledge Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law d. ignorance of the law, automatism and wilful blindness ANSWER: c 24. Which of the following terms best represents an accused deliberately intending to bring about some social harm that is prohibited by law? a. subjective mens rea b. objective mens rea d. objective actus c. subjective actus reus reus ANSWER: a 25. Which of the following describes the situation when someone deliberately ignores what may possibly be a criminal act by another person? b. mistake of fact a. negligenc e c. intention d. wilful blindness ANSWER: d 26. For most regulatory offences in Canada, which of the following is correct? a. The Crown has to prove mens rea but not actus reus. b. The Crown has to prove neither actus reus nor mens rea. c. The Crown has to prove actus reus but not mens rea. d. The Crown has to prove both actus reus and mens rea. ANSWER: c 27. In Canada, you are a party to a crime and liable for conviction for murder in all of the following

circumstances except one. Which is the exception? a.You plan a murder with others, but change your mind and tell the others you do not want any part of it, but they go ahead and commit the murder anyway. b.You counsel the commission of murder with another person who actually commits it. c.You plan and commit a robbery, but during it, without your knowledge, your accomplice kills a guard. d.You help another person commit murder. ANSWER: a 28. Which of the following is considered an inchoate crime? a. break and enter b. manslaughter c. conspiracy to

d. sexual assault

kidnap ANSWER: c 29. What are the three inchoate offences in the Criminal Code? Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law a. attempt, conspiracy, or counselling

b. procuring, soliciting, or inciting

c. attempt, conspiracy, or inciting

d. aid, abet, or counsel

ANSWER: a 30. Procuring, soliciting, or inciting another person to commit at crime all fall under which of the legal terms? a. actual offence b. conspiracy to commit an offence d. counselling an offence

c. criminal

attempt ANSWER: d 31. What is the legal term that can best be applied to the case of the individual who tries to steal a car that does not run? b. criminal attempt a. criminal endeavour c. criminal effort d. criminal enterprise ANSWER: b 32. Which of the following is the legal term used when two or more individuals form a common intention to commit a crime? a. criminal attempt b. criminal conspiracy c. criminal organization d. criminal counselling ANSWER: b 33. What is the minimum number of people who can be charged with conspiracy in Canada? a. one b. two c. three

d. four

ANSWER: b 34. Which of the following is not considered an inchoate offence? a. An offender plans and undertakes a murder. b. An offender plans a murder but does not follow through. c. A crime boss orders one of his underlings to smuggle drugs into the country. d. A crime group consisting of five people plan together to smuggle drugs into the

country. ANSWER: d 35. A severely developmentally disabled person attacks someone, causing death. Because of the disability, he could not have foreseen that the attack could cause death. Which of the following would most likely happen to this person in court? a. He would be acquitted of any criminal charge. b. He would be found guilty of murder. c. He would be found guilty of manslaughter. Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law d. He would be found guilty of criminal negligence causing death. ANSWER: a 36. The criminal defence of NCRMD stands for which of the following? a. no criminal responsibility on account of moral defence b. no criminal responsibility on account of medical disorder c. not criminally responsible on account of medical disorder d. not criminally responsible on account of mental disorder ANSWER: d 37. Which of the following situations might result in an accused being found NCRMD? a.A man blames his wife for the fact that he lost his job and he assaults her. b.A teenager assaults his best friend after he hears that the friend has been seen

kissing his girlfriend. c.A woman runs her car into a crowd of pedestrians after she hears a voice telling her to do so. d.A man with anxiety stabs his neighbour who is playing his stereo loudly. ANSWER: c 38. In which of the following situations is the defence of mistake of fact most likely to fail? a.A woman is charged with bigamy, having participated in a wedding ceremony,

erroneously believing that her first husband was dead. b.A man is charged with sexual assault but claims that the victim consented. c.A woman is charged with endangering her employees, but she believed she was not doing so, having heeded the advice of a health and safety inspector. d.A factory owner manufactures an unsafe device after being given erroneous advice by a government inspector that the device was safe. ANSWER: b 39. Ben sold an undercover police officer heroin. Ben told the police he truly believed it was not heroin but only milk sugar. It turned out to be heroin, but Ben was found not guilty. What defence would he have used? a. mistake of fact b. entrapment c. wilful blindness d. duress ANSWER: a 40. Which of the following is true of the defence of intoxication? a. It cannot reduce the severity of a charge such as murder to manslaughter. b. It is primarily a “common law” defence. c. It traditionally has applied to all offences. d. It is based on the idea that alcohol acts as a disinhibition ANSWER: b Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law 41. For which of the following types of cases is the defence of intoxication most likely to be successful? a. murder b. assault c. damage to property

d. sexual assault

ANSWER: a 42. Which of the following defences is based on the assumption that the accused was forced to commit a crime

as a consequence of threats of death or serious bodily harm made by another person? a. provocation b. necessity c. selfd. duress defence ANSWER: d 43. What would most likely happen to a person who broke into a warehouse to obtain lifesaving equipment for

use in an emergency? a. The person would be convicted of the crime of break and enter. b. The person would be acquitted on the grounds of compulsion. c. The person would be acquitted on the grounds of necessity. d. The person would be acquitted on the grounds of self-defence. ANSWER: c 44. The defence of provocation can be raised when the accused is charged with which of the following crimes? a. arson b. drinking and driving c. murde

d. sexual assault

r ANSWER: c 45. What circumstances must be present in order for courts to accept the defence of self-defence? a. the accused was suffering from a mental disorder b. the accused felt that there was a reasonable threat of harm c. the accused was intoxicated at the time of the event d. the accused acted out of passion in the moment ANSWER: b 46. A crime consists of a prohibition against certain conduct and a penalty. a. True b. Fals e ANSWER: True 47. Only the federal and provincial governments can enact legislation that amends the Criminal Code of Canada. a. True b. Fals Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law e ANSWER: Fals e 48. The two main sources of criminal law are legislation and judicial decisions. a. True b. Fals e ANSWER: True 49. Substantive criminal law defines the nature and scope of the powers of police and courts. a. True b. Fals e ANSWER: Fals e 50. Regulatory offences include crimes such as theft, assault, and sexual assault. a. True b. Fals e ANSWER: Fals e 51. The Canadian Charter of Rights and Freedoms gives judges the power to invalidate criminal law that

unjustifiably infringes on an accused person’s rights. a. True b. Fals e ANSWER: True 52. The Canadian Charter of Rights and Freedoms guarantees the “right to freedom of thought, belief, opinion and expression” and under this provision child pornography is reasonable. a. True b. Fals e ANSWER: Fals e 53. Automatism is a form of subjective mens rea. a. True b. Fals e ANSWER: Fals e Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law 54. The actus reus generally consists of three components: conduct, circumstances, and consequences. a. True b. Fals e ANSWER: True 55. In Canada, failure to help another is a crime given the duty to act. a. True b. Fals e ANSWER: Fals e 56. Subjective mens rea may consist of intention and knowledge; recklessness; or wilful blindness. a. True b. Fals e ANSWER: True 57. Driving at a high rate of speed (stunt driving in Ontario) is a regulatory offence. a. True b. Fals e ANSWER: True 58. A person who counsels another to commit a crime becomes party to that crime. a. True b. Fals e ANSWER: True 59. The crime of conspiracy is established only when three or more individuals form a common intention to

commit a crime. a. True b. Fals e ANSWER: Fals e 60. The Charter of Rights ensures that police are never allowed to intervene before a particular crime is committed. a. True b. Fals e Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law ANSWER: Fals e 61. Just thinking about committing a crime is enough in Canada to make one guilty of criminal attempt. a. True b. Fals e ANSWER: Fals e 62. A person suffering from a mental disorder who is capable of understanding what he or she did but who

succumbed to an irresistible impulse would be found not criminally responsible on account of mental disorder. a. True b. Fals e ANSWER: Fals e 63. NCRMD is an inefficient and ineffective way to deal with truly disturbed and dangerous individuals. a. True b. Fals e ANSWER: Fals e 64. A successful defence of not criminally responsible on account of mental disorder acquits a defendant of any criminal charges. a. True b. Fals e ANSWER: Fals e 65. The most common defence that successfully allows a defendant to escape a criminal charge is ignorance of the law. a. True b. Fals e ANSWER: Fals e 66. Necessity as a defence to a criminal charge occurs when the accused person commits the lesser evil of a crime in order to avoid the occurrence of a greater evil. a. True b. Fals Copyright Cengage Learning. Powered by Cognero.

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Chapter 3 - Criminal Law e ANSWER: Fals e 67. Provocation is only a partial defence and can only be used when the charge is murder. a. True b. Fals e ANSWER: True 68. The legal defence of duress may be used if the accused is threatened with death or serious bodily harm if he

or she does not commit a crime for another person. a. True b. Fals e ANSWER: True 69. In order to claim self-defence using the battered wife syndrome, the wife must show she is in imminent

danger of death or grievous bodily harm. a. True b. Fals e ANSWER: Fals e 70. The threshold for assessing self-defence in domestic violence cases is the reasonable woman standard. a. True b. Fals e ANSWER: True 71. List and describe the two primary sources of Canadian criminal law. Provide examples of both sources. ANSWER Answers will include some or all of the following elements. : 1. Legislation: may be enacted by federal, provincial, and territorial

governments - the legislation will include the laws as well as the procedures to be followed when addressing criminal matters - laws include those pertaining to street crimes as well as other legislation related to regulatory offences such as the Controlled Drugs and Substances Act 72. Judicial decisions: these include the interpretations of cr...