Elements of a crime

A crime is _________or ____________ ____________ that is prohibited and punishable by federal statute Omission to act means some crimes are ________________________________ Example: Failure to stop at the scene of an accident you were involved in

The four following conditions must be present for an act or omission to be considered a crime: The act is ________________________ The act ___________________in general or _________________________________ The harm is _____________ The remedy must be handled by the ___________________________________.

Example: Shoplifting increases prices at stores for all consumers A crime is considered to be ________________________ _____________________________________________ Example: Shoplifting increases prices at stores for all consumers Criminal law is the body of laws that ______________ acts that _____________, ______________, and the entire community. The purpose of criminal law is to: ________________________________________

A _____________ statute that contains the majority of the criminal laws passed by government. It lists the __________, the _______________ to be imposed, and the _______________to follow when trying those accused of crimes (called a code because it combines descriptions and procedures) Occasionally amended to ____________________________ Other federal laws also contain criminal offenses such as the Controlled Drugs and Substance Act

Administration of the criminal justice system is shared between the _________________________governments Federal government ______________ ___________________but state courts also have laws. ________________________________are laws covering less serious offences; most often punishable by fines

Actus Reus – ____________is the _________________ action, ___________, or state of being that is prohibited by law Mens Rea – ________________ demonstrates a _____________ intention to commit a wrongful act, with reckless ___________ _________________________; implies __________________

An Omission: A State of Being: An Action: Most criminal cases involve a _________________ _________________ __________________that either cause: ________________to a person or group of people Damage to ______________ Example: Striking someone without consent is assault An Omission: ______________ ______________ can be considered a wrongful act because it is an omission Example: An infant child dies from malnutrition because its parents are not feeding it enough food A State of Being: Certain offences may be neither an action or omission ______ _______________ _______________ Example: Being in possession of stolen goods or break-in tools

Intent Intent is a state of mind in which ________________________________ ___________________________(break the law), knows what the results will be, and is reckless regarding the consequences and must be proven by the Prosecution Example: “Implies force intentionally” General Intent – A person commits a wrongful act ___________________________ ______________________________________________________________________ Example: Joe got really mad and hit Fred. Proving Joe hit Fred establishes Mens Rea. Specific Intent – A person commits _________________________________________ ________________________________________________________________________ Example: Joe hit Fred so he could rob him. Proving Joe hit Fred with the specific intent to rob him establishes Mens Rea.

Motive Motive is the ____________ that a person commits a crime Not the same as Intent Although useful at trial, motive _________one of the elements the Prosecution must prove to get a conviction Example: Intent = Joe hit Fred with the specific intent to rob him. Motive = Joe had outstanding gambling debts.

Knowledge Knowledge is an _________________________that can be used to establish mens rea Example: The Prosecutor only must prove that a person knowingly circulated a forged document. It is ____________________for the Prosecutor to establish general or specific intent.

Criminal Negligence Recklessness Wilful Blindness A person’s __________________________________________for the lives and safety of others through his _________________________ to do anything that is his duty to do so; sometimes causing injury or death Example: Leaving a loaded weapon on the night table beside the bed and a child picks it up and accidently shoots her friend Recklessness Consciously _______________________ that a reasonable person would not take. Example: Not wearing your required glasses while driving and cause a serious accident Wilful Blindness Deliberately closing your mind to the _________________________ _____________________________________________________ Example: Buying a cheap TV from someone that has no serial numbers

Strict and Absolute Liability Regulatory Laws are federal or state statutes meant to ______________________________ Less serious offenses Court _____________________ Mens Rea Laws do not include words like ____________________. Examples: Environmental protection, Workplace safety, Traffic offences

Strict and Absolute Liability Liability is being _____________________ for a wrongful action Divided into two categories – ____________ liability and _____________ liability

Absolute Liability Offences Strict Liability Offences No _________________________ Courts must find the __________ __________ once facts established and the Prosecution demonstrates the accused was ______________. Because offenders can offer no defence once the facts have been established _________________ ________________________. Examples: Driving without a licence or speeding Strict Liability Offences The accused may _____________ that the offence took place but then offer the defence of due diligence. Due diligence is ________________________________________to avoid committing the offence was taken. Examples: Employee got hurt, but employer provided full safety training and safety equipment