3rd - Chapter 2 Flashcards Preview

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Flashcards in 3rd - Chapter 2 Deck (34):
1

Code of Hammurabi

The first written criminal code, developed in Babylonia about 2000 BCE

2

Lex talionis

punishment based on physical retaliation (“an eye for an eye”), a precursor of more abstract forms of retribution used today

3

Mosaic Code

By tradition, the covenant between God and the tribes of Israel in which they agreed to obey his law in return for God’s special care and protection

4

Wergild

under medieval law, the money paid by the offender to compensate the victim and the state for a criminal offence

5

Oath-helpers

During the Middle Ages, groups of 12 to 25 who would support the accused’s innocence

6

Stare decisis

the principle that the courts are bound to follow the law established in previously decided cases (precedent) unless the law was overruled by a higher authority

7

Common law

Early English law that was developed by judges and incorporated Anglo-Saxon tribal custom, feudal rules and practices, and the everyday rules of behaviour of local villages. Common law became the standardized law of the land in England, and eventually formed the basis of criminal law in Canada

8

Inchoate crimes

incomplete or contemplated crimes such as solicitation or criminal attempts

9

Tort law

the law of personal wrongs and damage, such as negligence, libel, and slander

10

Indictable offence

a serious offence, such as murder, which carries a serious penalty

11

Summary offence

a minor offence whose penalty is a maximum six months in jail, or a fine

12

Mala in se

crimes rooted in the core values inherent in our culture, deemed universal

13

Mala prohibitum

crimes defined by current public opinion and social values, subject to change

14

Folkways

customs with no moral values attached, such as not interrupting people who are speaking

15

Mores

customs or conventions essential to a community, which often form the basis of criminal law

16

Vagrancy

a summary offence crime, meant to prohibit homelessness, begging, and loitering

17

General deterrence

measures, such as long prison sentences for violent crimes, aimed at convincing the potential law violator that the pains associated with crime outweigh its benefit

18

Specific deterrence

a punishment severe enough to convince convicted offenders never to repeat their crimes, which is based on the principle that an individual can be dissuaded from committing a crime if the cost outweighs the benefit

19

Actus reus

an illegal act, such as taking money or shooting someone; also a failure to act, such as not taking proper precautions while driving a car

20

Mens rea

the intent to commit the criminal act, needed for most offences except strict liability

21

Intent

carrying out an act intentionally, knowingly, and willingly

22

Transferred intent

an illegal yet unintended act results from the intent to commit a crime

23

Constructive intent

the finding of criminal liability for an unintentional act that is the result of negligence or recklessness

24

Strict-liability crimes

illegal acts with no need for intent, or mens rea; they are usually acts that endanger the public welfare, such as illegal dumping of toxic wastes or speeding

25

Mental disorder

a disease of the mind includes an abnormal condition that impairs functioning, excluding self-induced states caused by alcohol and transitory states such as hysteria

26

M’Naghten rule

in 1843, an English court established Daniel M’Naghten was not responsible for murder because delusions had caused him to act. The principle of criminal responsibility states that an accused cannot be held legally liable for their actions if they do not know what they are doing or cannot distinguish right from wrong

27

Duress

one of the grounds that excuse an accused from responsibility from an act, if it can be shown that the accused was forced or compelling by someone else to commit a criminal act

28

Entrapment

a criminal defence maintaining that the police initiated the criminal action

29

Disclosure

A principle established in R. v. Stinchcombe (1991), where the prosecution must give all evidence gathered by police to the defendant in order to make a complete defence to the charges

30

Assisted suicide

the practice of seeking help from a physician in committing suicide; not legal in Canada

31

Stalking

the criminal offence of following or harassing a victim even though no actual assault or battery has occurred

32

Cyberstalking

the use of the Internet, email, or other electronic communication devices to stalk another person

33

Sex offender registration

requirement that released offenders register and report to the police, and keep them informed of their whereabouts, including any change of address

34

Community notification

legislation that requires convicted sex offenders to register with local police when they move into an area or neighbourhood