Forensic Psychology Flashcards
(134 cards)
Actus Reus
A wrongful deed
Mens rea
criminal intent
h
h
the court can stay the proceeding if any of the following occur:
- the accused is unlikely to ever become fit enough to stand trail
- the accused does not pose a significant threat to the public
- in the interest of the proper administration of justice
if an accused is found to be never fit to stand trail what happens?
the case will go to the review board
Insanity
not being on sound mind, and mentally deranged and irrational
the three elements specific to the insanity defence
- defendant must be suffering from a defect of reason/disease of the mind
- must not know the nature and quality of the act that they are performing
- must not know that what she/he did is wrong
with the enactment of Bill C-30 what changes were made
- the insanity term was changed to not criminally responsible
- review boards were created
- and some wording was changed
- intoxication was not recognized as a defence for violent crimes
automatism
unconscious, involuntary behaviour; the person committing the act is not aware of what they are doing
indigenous people overrepresentation
refers to the disproportionate number of indigenous peoples involved in the criminal justice system
why were indigenous courts created
established so that special consideration could be given to the background factors of indigenous offenders
- also included indigenous healing lodges as a treatment
restorative justice
when the offender talk to the victim and discusses their intentions with the victim and try to overcome the situation together. trying to make a mend between the victim and the offender.
gladue report
a report that includes the life story and the trauma that the offender has experienced throughout life
definition of sentencing in Canada
the judicial determination of a legal sanction upon a person conviction of an offence
what does the function principle of sentencing state?
it states that a sentence must be proportionate to the gravity of the offence to the degree of responsibility of the offender
what are the sentencing options in Canada
- absolute discharge
- conditional discharge
- restitution
- fines and community service
- conditional sentence
- imprisonment
systematic factors
how lenient judges believe sentences should be.
the personal beliefs on sentencing of the judge
unsystematic factors
the mood of the judge during the hearing
sentencing disparity
a form of unequal treatment or unequal sentencing due to legally irrelevant factors such as judge biases
when a judge doesn’t give everyone the same sentences based on different factors such as their mood
recidivism
the likelihood of reoffending
restitution
the low of gains-based recovery the defendant has to give his/her gains back to the claimant
what is risk assessment?
a prediction of if they will reoffend
what are the 2 components of risk assessment
- prediction
- management
true positive
when they are at a high risk of reoffending and they do reoffend