CRM 2300 FINAL EXAM WITH ALL CORRECT & 100%
VERIFIED ANSWERS|ACTUAL COMPLETE EXAM|
ALREADY GRADED A+
Juvenile Delinquent Act (1908-1984) ✔Correct Answer-For kids 7-16 years; reforms them by taking
them out of the city into the country with a "best interests" philosophy. Great discretion to police,
judges and probation-indeterminate sentences (to 21 years). Little regard for youth rights; no lawyer,
can't appeal, police can question without lawyer/parents and not reading rights.
Young Offenders Act (1984-2003) ✔Correct Answer-For kids 12-18 years; recognition of
accountability and protection of public as well as legal rights of youth. Less discretion given to police,
judges and corrections than with JDA→ determinate sentences; no status offences but lack of clear
sentencing principles.
Status offences: police apprehend kids for things adults wouldn't be charged for e.g. underage
drinking, truancy not going to school
Youth Criminal Justice Act Features (2003) ✔Correct Answer-1. Emphasis on diversion from court
2. Restrictions on custody to violent or repeat offenders
3. For more serious violent offenders → simplified process for adult sentences.
Youth Criminal Justice System Objectives ✔Correct Answer-1. Prevent crime by addressing
underlying circumstances of criminal behaviour
2. Rehabilitate young persons who commit offences and reintegrate them
3. Ensure young person is subject to meaningful consequences for offence in order to promote long-
term protection of public
YCJA Sentencing ✔Correct Answer-YCJA max sentence is 3 years ; except 10 years murder
-1st degree (10 years) = 6 years custody + 4 years community supervision
-2nd degree (7 years) = 4 years custody + 3 years community supervision
-Earlier parole eligibility
Presumptive Sentences ✔Correct Answer-16-17 years
Offences such as murder, attempted murder, aggravated sexual assault, manslaughter
-Youth would have to convince the court that an adult sentence was not appropriate - so onus was
on youth not the crime
Not Criminally Responsible due to Mental Disorder ✔Correct Answer-Must be established that
accused had a mental disorder that:
-Deprived him/her of the capacity to appreciate that nature and quality of act or omission
-Or knew it was morally wrong
-Accused found NCRMD is not acquitted, but held not to be criminally responsible for actions
-May potentially be held in custody in a psychiatric hospital or supervised in the community if
considered a threat
Fitness to Stand Trial ✔Correct Answer-Concerned with the state of the mind of the accused
person at the time of trial, and with the question of whether or not:
-Accused has the mental capacity to understand the nature and purpose of trial proceedings
-Communicate with counsel
, Limited Cognitive Capacity Test ✔Correct Answer-Most will be found fit as it requires only a
minimal degree of ability to understand the nature and object of proceedings. In such cases, accused
may be kept in custody in a mental hospital or supervised in the community until fitness is restored-
most likely after a brief period of time.
Mental Disorder/Disease of the Mind ✔Correct Answer-"Embraces any illness, disorder or
abnormal condition which impairs the human mind and its functioning"
-Excludes self-induced states, transitory mental states
-Must also establish that accused was incapable of knowing the act was wrong
Meaning of "Appreciate" ✔Correct Answer-The nature and quality of the act, as differentiated
from "know".
→ Cognition is not the sole criterion-emotional, as well as intellectual awareness of the significance
of the conduct is the issue.
Meaning of "Nature and Quality of the Act" ✔Correct Answer-Refers to the physical nature and
quality of the act. The accused must have the capacity to know what he is doing. This does not mean
that it should be accompanied by appropriate feeling about the effect of the act on others.
Meaning of "Wrong" ✔Correct Answer-Wrong according to the moral standards of reasonable
members of society (R. v. Chaulk).
-Test: whether capable of knowing that society at large regards the conduct as morally wrong
-Accused must prove on a balance of probabilities that they lacked capacity to know conduct was
blameworthy
Automatism ✔Correct Answer-Defence arises when an accused acts involuntarily because of some
form of temporary impairment of his/her mental faculties/State of impaired consciousness where an
individual is capable of action but has no control over it.
Not mental disorder or self-induced intoxication.
Automatism Triggered by External Trauma ✔Correct Answer-Blow to the head which causes
impaired consciousness during which accused engages in criminal conduct. Amnesia as important
element.
Automatism Involuntarily Induced by Alcohol or Drugs ✔Correct Answer-When accused, thru no
voluntary action of their own, become so impaired by alcohol/drugs fall into a state of automatism.
Used more historically, not as easy to prove today.
Automatism Voluntarily Induced by Alcohol or Drugs ✔Correct Answer-Those who voluntarily
ingest alcohol/drugs and experience altered consciousness are barred from raising the defence of
automatism. They are at fault and aren't entitled to an acquittal, but may raise a partial defence of
automatism.
Automatism Caused by Mental Disorder ✔Correct Answer-Where condition is caused by mental
disorder, accused is not entitled to be acquitted on automatism. Sharp distinction between complete
acquittal thru automatism and NCRMD defence which leads to a special verdict.
Mistake of Fact ✔Correct Answer-An accused person will generally be entitled to an acquittal if he
or she operated under a mistaken belief as to one ore more of the material circumstances
surrounding the alleged crime. Where the accused person honestly believes in a state of facts that, if
VERIFIED ANSWERS|ACTUAL COMPLETE EXAM|
ALREADY GRADED A+
Juvenile Delinquent Act (1908-1984) ✔Correct Answer-For kids 7-16 years; reforms them by taking
them out of the city into the country with a "best interests" philosophy. Great discretion to police,
judges and probation-indeterminate sentences (to 21 years). Little regard for youth rights; no lawyer,
can't appeal, police can question without lawyer/parents and not reading rights.
Young Offenders Act (1984-2003) ✔Correct Answer-For kids 12-18 years; recognition of
accountability and protection of public as well as legal rights of youth. Less discretion given to police,
judges and corrections than with JDA→ determinate sentences; no status offences but lack of clear
sentencing principles.
Status offences: police apprehend kids for things adults wouldn't be charged for e.g. underage
drinking, truancy not going to school
Youth Criminal Justice Act Features (2003) ✔Correct Answer-1. Emphasis on diversion from court
2. Restrictions on custody to violent or repeat offenders
3. For more serious violent offenders → simplified process for adult sentences.
Youth Criminal Justice System Objectives ✔Correct Answer-1. Prevent crime by addressing
underlying circumstances of criminal behaviour
2. Rehabilitate young persons who commit offences and reintegrate them
3. Ensure young person is subject to meaningful consequences for offence in order to promote long-
term protection of public
YCJA Sentencing ✔Correct Answer-YCJA max sentence is 3 years ; except 10 years murder
-1st degree (10 years) = 6 years custody + 4 years community supervision
-2nd degree (7 years) = 4 years custody + 3 years community supervision
-Earlier parole eligibility
Presumptive Sentences ✔Correct Answer-16-17 years
Offences such as murder, attempted murder, aggravated sexual assault, manslaughter
-Youth would have to convince the court that an adult sentence was not appropriate - so onus was
on youth not the crime
Not Criminally Responsible due to Mental Disorder ✔Correct Answer-Must be established that
accused had a mental disorder that:
-Deprived him/her of the capacity to appreciate that nature and quality of act or omission
-Or knew it was morally wrong
-Accused found NCRMD is not acquitted, but held not to be criminally responsible for actions
-May potentially be held in custody in a psychiatric hospital or supervised in the community if
considered a threat
Fitness to Stand Trial ✔Correct Answer-Concerned with the state of the mind of the accused
person at the time of trial, and with the question of whether or not:
-Accused has the mental capacity to understand the nature and purpose of trial proceedings
-Communicate with counsel
, Limited Cognitive Capacity Test ✔Correct Answer-Most will be found fit as it requires only a
minimal degree of ability to understand the nature and object of proceedings. In such cases, accused
may be kept in custody in a mental hospital or supervised in the community until fitness is restored-
most likely after a brief period of time.
Mental Disorder/Disease of the Mind ✔Correct Answer-"Embraces any illness, disorder or
abnormal condition which impairs the human mind and its functioning"
-Excludes self-induced states, transitory mental states
-Must also establish that accused was incapable of knowing the act was wrong
Meaning of "Appreciate" ✔Correct Answer-The nature and quality of the act, as differentiated
from "know".
→ Cognition is not the sole criterion-emotional, as well as intellectual awareness of the significance
of the conduct is the issue.
Meaning of "Nature and Quality of the Act" ✔Correct Answer-Refers to the physical nature and
quality of the act. The accused must have the capacity to know what he is doing. This does not mean
that it should be accompanied by appropriate feeling about the effect of the act on others.
Meaning of "Wrong" ✔Correct Answer-Wrong according to the moral standards of reasonable
members of society (R. v. Chaulk).
-Test: whether capable of knowing that society at large regards the conduct as morally wrong
-Accused must prove on a balance of probabilities that they lacked capacity to know conduct was
blameworthy
Automatism ✔Correct Answer-Defence arises when an accused acts involuntarily because of some
form of temporary impairment of his/her mental faculties/State of impaired consciousness where an
individual is capable of action but has no control over it.
Not mental disorder or self-induced intoxication.
Automatism Triggered by External Trauma ✔Correct Answer-Blow to the head which causes
impaired consciousness during which accused engages in criminal conduct. Amnesia as important
element.
Automatism Involuntarily Induced by Alcohol or Drugs ✔Correct Answer-When accused, thru no
voluntary action of their own, become so impaired by alcohol/drugs fall into a state of automatism.
Used more historically, not as easy to prove today.
Automatism Voluntarily Induced by Alcohol or Drugs ✔Correct Answer-Those who voluntarily
ingest alcohol/drugs and experience altered consciousness are barred from raising the defence of
automatism. They are at fault and aren't entitled to an acquittal, but may raise a partial defence of
automatism.
Automatism Caused by Mental Disorder ✔Correct Answer-Where condition is caused by mental
disorder, accused is not entitled to be acquitted on automatism. Sharp distinction between complete
acquittal thru automatism and NCRMD defence which leads to a special verdict.
Mistake of Fact ✔Correct Answer-An accused person will generally be entitled to an acquittal if he
or she operated under a mistaken belief as to one ore more of the material circumstances
surrounding the alleged crime. Where the accused person honestly believes in a state of facts that, if
