Key Terms Flashcards
(25 cards)
Define Criminal Law:
The body of laws that prohibit and punish acts that injure people, property, and society as a whole.
Define Actus Reus:
“The guilty act” is the voluntary action, omission or state of being that is forbidden by law.
Define Mens Rea:
“The Guilty mind” is a deliberate intention to commit a wrongful act, with reckless disregard for the consequences.
Define General Intent:
The desire to commit a wrongful act, with no ulterior motive or purpose (hitting someone on purpose because you’re mad)
Define Specific Intent:
The desire to commit a wrongful act for the sale of accomplishing another. (hitting someone so that you can steal their wallet)
Define Criminal Negligence:
Wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death. This means that the accused failed under certain circumstances to take precautions that any reasonable person would take to avoid causing harm to another person.
Define Recklessness:
Consciously taking an unjustifiable risk that a reasonable person would not take. Example - not wearing prescription glasses to operate an automobile and as a result causing a major accident.
Define Wilful Blindness:
A deliberate closing of one’s mind to the possible consequences of one’s actions. You are considered willfully blind when you are aware of the need to make an inquiry but fail to do so because you do not wish to know the truth. Example - buying a television for a lot less from someone that you know probably stole it.
Define Due Diligence:
The defence that the accused took every reasonable precaution to avoid committing a particular offence.
Define Reasonable Doubt:
A standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence.
Define Subpoena:
A court order requires the witness to appear in court on a certain date to give evidence.
Define Perjury:
Knowingly making false statements in court while giving evidence under oath or affirmation.
Define Burden of Proof:
The crown’s obligation to prove the guilt of the accused beyond a reasonable doubt.
Define Impressions:
patterns or marks found on surfaces and caused by various objects.
Define Fingerprints:
A mark left behind after a fingertip touches an object.
Define DNA:
The fundamental and distinctive characteristics or qualities of someone or something, especially when regarded as unchangeable.
Define Bench Warrant:
A type of arrest warrant that can be issued by a judge when you miss a scheduled court date, hearing, or trial.
Define Surety:
A person who comes to court and promises to supervise an accused person while they are out on bail.
Define Bail:
The money a defendant pays as a guarantee that they will show up in court at a later date.
Define Reverse Onus:
Reverse onus is the legal appeal that allows the accused to prove or disprove certain evidence.
Define Show-Cause Hearing:
A judge or justice of the peace decides if you can be let out of custody or must remain in custody until your trial.
Define Summary Offence:
Is a minor offence that carries a relatively light penalty. These offences generally carry a punishment of fines up to $200 or imprisonment for up to 6 months. These cases generally proceed through the court system fairly rapidly.
Define Indictable Offence:
A serious crime that carries a heavy penalty. The punishment for indictable offences ranges anywhere from 2 to lifetime imprisonment, depending on the crime. Sometimes, the code sets a minimum punishment for a crime and when someone is convicted of that crime, they will serve at least the minimum punishment.
Define Hybrid Offence:
These offences can be tried as with a summary conviction or indictable offence, depending on what the crown decides. The code clearly states which offences can be treated as hybrid offences.
