Public(crminal) Flashcards
(23 cards)
Hung jury
Jury can’t come to unanimous verdict, then declared hung jury.may try for re trial.
Acquitted
Accused found not guilty=Acquitted
Preliminary hearing
A hearing held before trial in which a judge sees if there’s enough evidence to proceed.
Judges can impose many sentences like..
- fines
- restitution
- probation
-community services - imprisonment
Actus Reus
Guilty act (omission)
Men’s rea
Guilty mind ( intention, willful blindness)
Automatism
Involuntary conduct
Consent
Victim consented to the accused act
Duress/compulsion
Use of force or threats to preform an act
Entrapment
When law enforcement induces someone to commit a crime
Intoxication
Not a defence, can alter charge
Mental disorder
Contains three key elements:
1. Natural imbecility
2. Disease of the mind
3.inability to appreciate the nature or quality of an act
(One must be present in a crime to be a defence)
Provocation
Wrongful act that could deprive a reasonable persons self control
Self defence
Caused must prove they couldn’t escape without defending themselves
Jury summons
When chosen for jury duty you are summoned
Exemption of jury duty examples:
- health
- full time student
- extreme hardship
- language barrier
(You must have someone to fill in for you or arrested)
Selection process
- Court clerk selects you (15-20 people)
- Once picked,crown may challenge each panelist(lawyer may not want you to server) or both counsels agree for your service
Challenge for cause
A request in which a person lacks impartiality
Peremptory challenge
Dismiss a juror without reason
Presumption of innocence
Innocent until proven guilty
Criminal law
Category of within public law that punishes behaviour, that results in injury to people or property
Burden of proof
The crown tries to prove you guilty
Summary offence
The accused appeared before the provincial trial that usually proceeds immediately(max penalty 5000$)
