finals Flashcards
(29 cards)
What is accommodation
Accommodation requires that employer, eliminate or adapt, an existing requirement in order for a person to carry out the essential aspect of the activity or job 
Socialization theory
Suggests that the key influences leading to criminal behaviour are found in upbringing, peer groups and role models
Positivism
Focusses on, biological and psychological factors, rather than the legal system to explain criminal behaviour
Quasi-criminal offences
These offences may result in substantial penalties, but they are not crimes.
Social conflict theory
Influenced by Marxist economic views that the root cause of crime is in the unfair economic structures of capitalism
General intent offences
it must be shown that the accused meant to commit the crime.
Specific intent offences
Involves intent in addition to the general intent to commit the crime. intent, refers to the state of mind, with which an act is done or not done
Absolute liability
This offences allow for no defence, the accused will be convicted based on the actus reus of the offense.
Strict liability
the accused will be convicted unless they can demonstrate they acted with due diligence. That is they acted as any reasonable person would under the circumstances.
Retributive Justice
Justice for some, an eye for an eye, meaning that the punishment should fit the crime
Due process
Judicial procedures that r conducted properly
Exigent circumstances
Situation that allow for a search and/or a seizure without a warrant if there is a danger that the evidence will be lost, removed or destroyed.
Summary conviction offences
A criminal offence that is minor in nature and carries consequences, much less severe than an injectable offence
Promise to appear
An agreement, the accusing assign guaranteeing his or her appearance in court at a later date
Surety
An individual who who agrees to pay an amount of money, if the accused do not show up in court.
Undertaking
An agreement with specific conditions attached such as remaining within the jurisdiction, or abstaining from drugs or alcohol.
Disclosure
Involves the crown, providing the defense, with all relevant information to make a full answer and defence to a charge, it could prejudice the case, in the most serious of consequences result in the wrongful conviction of the accused.
Charge the jury
meaning the judge instructs the jury on the law, and how it applies to the facts presented in the case the judge’s words must be chosen very carefully to ensure that no errors are made.
Direct evidence
Witness testimony, in which the witness stand in order to provide evidence to a fact in question
Physical evidence
It may include samples of bodily fluids such as blood and saliva, and it could also include hair and fiber, samples, fingerprint, evidence, and weapons found in the scene, so guns or knives
Circumstantial evidence
Indirect evidence that links the accused of a crime, for example a wallet found at a crime scene belonging to the accused.
Voir dire
Where a jury is removed from the courtroom, while the lawyers argue over the validity of the evidence
Hearsay evidence
Evidence given by a witness on the stand that relates to something another person heard or saw
Self-defence
I justification for an alleged criminal act, where an accused had the necessary mens rea, and was supposedly defending himself or herself, property or others
