CHP 8 KARCH Flashcards
(14 cards)
What is the purpose of an Alibi?
A form of defence whereby a defendant attempts to prove that he or she was elsewhere when the crime in question was committed.
Alibis are often supported by witnesses or evidence that corroborates the defendant’s location at the time of the crime.
Why does an accused person have the right under the Rule of Law to present a defence to criminal charges?
The defendant has the right to a fair trial and is innocent until proven guilty.
This principle is fundamental to the justice system and ensures that the burden of proof lies with the prosecution.
What is cross examination?
Questioning of a witness conducted by the lawyer for the opposing side.
Cross examination is a critical part of the trial process, allowing the opposing lawyer to challenge the credibility of the witness.
What is an acquittal?
A vote of not guilty.
An acquittal means the defendant is cleared of the charges and cannot be retried for the same offense.
Can some defenses lead to a full acquittal?
A valid defence that is accepted by the court will often lead to an acquittal.
In some cases, a successful defense may also result in a reduced charge, such as manslaughter instead of first-degree murder.
List reasons why a person or a defence lawyer might use a defence to criminal charges instead of pleading guilty.
- The case may be highly circumstantial.
- Crown is trying to prove excessive force, defence is trying to prove reasonable force.
- Provocation.
- Crime of passion.
These reasons highlight the complexity of legal cases and the potential for various interpretations of evidence.
What is the key issue that must be proven for the success of the defence of Self Defence?
Whether the accused believed on reasonable grounds that force or a threat of force was being used against them or another person, and whether the force used in response was reasonable in the circumstances.
Self-defence claims are assessed based on the perspective of a reasonable person in the same situation.
How is the defence of Mental illness used in criminal trials?
Used to argue that an accused person was not criminally responsible for their actions due to a mental disorder.
If successful, the accused may be found not guilty by reason of insanity and face a disposition hearing instead of traditional sentencing.
For the defence of Duress to be successful, what two concepts must be proven?
- The accused must prove that they were under a threat of death or bodily harm that caused them to commit the offence.
- They had no reasonable legal alternative to avoid the threat.
This defence acknowledges that the accused’s actions were compelled by circumstances beyond their control.
Why are the police not allowed to perform Mr. Big Operations in Canada since 2014?
Due to concerns about entrapment and the reliability of evidence obtained through such operations.
Mr. Big Operations involve undercover officers posing as gang members to elicit confessions, which can lead to questions about the voluntariness of the confession.
What is entrapment?
A defense requiring proof that the defendant would not have committed the crime but for police trickery.
This defense is based on the principle that law enforcement should not induce individuals to commit crimes they would not otherwise commit.
How is the defence of Intoxication used by a defence lawyer?
Used to argue that an accused person was too impaired to form the specific intent required for certain offences.
This can reduce the charge from a Specific Intent Offence to a General Intent Offence.
Why can the defence of intoxication be seen as controversial?
It may be seen as allowing an accused person to avoid responsibility for their actions and can be difficult to prove.
Critics argue that it undermines accountability and may encourage irresponsible behavior.
What is the role of a defence lawyer in a criminal trial?
To cross-examine the Crown’s witnesses, test the validity of the Crown’s case against the accused, and see if any police procedures may have violated the accused’s legal rights.
The defence lawyer’s role is crucial in ensuring a fair trial and protecting the rights of the accused.
