terms

Question 1

Definition of Plea Bargain

Answer 1

The crown agrees to drop some charges or minimize a sentence for a plea of guilty. The defense and prosecution will agree on a sentence for in return a guilty plea

Question 2

Definition of Arrest

Answer 2

to restrain someone’s liability, indicating they are not free so they may answer a charge against them

Question 3

Definition of Pre-Dispositon Report

Answer 3

this is prepared by a youth worker, and must include all relevant participants. The report contains the age, maturity and character for rehabilitation. The court must also order medical and psychological reports

Question 4

Definition of Due Process

Answer 4

When denied, it is seen as injustice

Question 5

Definition of Secure Custody

Answer 5

place where containment or restraint is possible, juvenile detention center, must be 14 years or older, an offence where the adult must be liable up to 5 years, if failure to comply on a probation order of custody and has to be indictable offence

Question 6

Definition of Ontario Human Rights Commission

Answer 6

Administrative body that enforces the human rights code. The role of the commission is to promote dignity and equality, make policy and recommendations to the government, investigate and settle where possible, disputes over rights and enforce the terms of the code.

Question 7

Definition of Deterrence

Answer 7

the purpose of discouraging persons from committing a crime, it acts as a functional criteria. It should discourage both convicted offenders from repeating their behavior, and like minded individuals from committing the same or similar crime. Sentences should cause individuals to reflect the consequences of their acts, and courts aim to achieve a general deterrence, especially in crimes of violence

Question 8

Definition of Summary Conviction Offences

Answer 8

All offences set out in the criminal code are defined as either indictable or summary conviction offences. In some cases, offences are stated to be punishable on either indictment or summary conviction

Question 9

Definition of Philosophy

Answer 9

The process of critical inquiry into the concepts of a particular branch of knowledge through the use of logic and reason

Question 10

Definition of Adversarial System

Answer 10

an attempt to determine truth by the confrontation of the accused and prosecution (both represented by lawyers)

Question 11

Definition of Natural law

Answer 11

The theory that law has some higher or divine origin. A God that created us.

Question 12

Definition of Recognizance

Answer 12

an accused will pay a sum of money if they fail to appear for court

Question 13

Definition of Conventions

Answer 13

A convention is a type of international positive law, that must be agreed upon by states. A convention or treaty is defined as an instrument concluded between states in written form, and governed by international law

Question 14

Definition of Voir Dire

Answer 14

A trial within a trial to determine the miscibility of evidence. A voir dear is conducted

Question 15

Definition of Civil Liability

Answer 15

phrase that describes monetary compensation to another person who has suffered a loss because of a violation of a private law e.g, breach of contract, assault

Question 16

Definition of Abstraction

Answer 16

When a ration that started out as narrow rule, applied to specific set of facts, becomes a legal rule with a wider application

Question 17

Definition of Sovereignty

Answer 17

A countries ability to govern themselves, associated with freedom of a nation

Question 18

Definition of Inquisitorial System

Answer 18

under this system the judge is responsible along with the parties for searching out evidence and examining evidence. Ex. Judge Judy

Question 19

Definition of Similarly Situated Test

Answer 19

Applies to the right of those who are similarly situated to be treated in a similar way

Question 20

Definition of Open Custody

Answer 20

custody in a community in a residential center, group home, and childcare institution

Question 21

Definition of Mens Rea

Answer 21

The guilty mind. It is not sufficient for someone merely to do the prohibited act. He or she must also have the necessary mental element to make acts punishable.

Question 22

Definition of Extradition

Answer 22

One states surrender of a fugitive to another state within whose jurisdiction an eledge crime was committed. There is no international law or treaty that exists to govern the extradition of persons

Question 23

Definition of Automatism

Answer 23

This is a state in which a person is not aware of what he or she is doing and may commit an act unknowingly

Question 24

Definition of Statutory Law

Answer 24

law created by legislative bodies like Parliament or Congress. It’s the written, codified law that declares, commands, or prohibits certain actions.

Question 25

Definition of Wilful blindness

Answer 25

The conscious closing of one's mind to the consequences of one's act. Wilful blindness does not negate criminal intent. Also, if a person commits a crime out of negligence

Question 26

Definition of Ratio Decidendi

Answer 26

The comparing and contrasting of cases and their facts to apply legal precedence is called ratio decidendi which means reason for deciding

Question 27

Definition of Criminal attempt

Answer 27

occurs when someone intends to commit a crime and takes a substantial step toward completing it, but for reasons outside their control, the crime doesn't actually happen

Question 28

Definition of Procedural Justice

Answer 28

emphasizes the fairness of the process used to make decisions or resolve disputes, rather than solely focusing on the outcome. It's about how decisions are made, ensuring they are fair, transparent, and consistent, which can lead to greater public trust and willingness to comply with decisions.

Question 29

Definition of Positive law

Answer 29

Law in which human authority has its origin. God does not play a factor in this

Question 30

Definition of Sentencing

Answer 30

the process by which society through the courts imposes sanctions and penalties on a person found guilty of criminal conduct

Question 31

Definition of Aggravating Circumstances

Answer 31

increasing their seriousness of the conduct, example: precious conviction, excessive cruelty.

Question 32

Definition of Community Service Order

Answer 32

An order for the accused to perform a set number of hours for work in a program, considered to be useful to the community. This provides an accused to achieve reconciliation between the offender and the community.

Question 33

Definition of Mitigating Circumstances

Answer 33

decreasing the seriousness of the conduct. Example: absence of previous convictions, if the offender was young or elderly

Question 34

Definition of Pre-sentence Report

Answer 34

whenever there's a sentencing, a judge will always order a pre-sentence report. This is prepared by a probation officer to help the courts decide whether the accused should be placed on probation, it also helps the judge decide the appropriate sentencing for the accused

Question 35

Definition of Abstraction

Answer 35

When a ration that started out as narrow rule, applied to specific set of facts, becomes a legal rule with a wider application, this process is called abstraction

Question 36

Definition of Charter of the United Nations

Answer 36

the foundational treaty that established the United Nations organization. It serves as the basis for the UN's structure, principles, and purposes, defining the rights and obligations of its member states.

Question 37

Definition of Accessory After the Fact

Answer 37

Knowing that a person has been a party to an offence. Receives, comforts, or assists that person for the purpose of enabling the person to escape.

Question 38

Definition of Conspiracy

Answer 38

An agreement between two or more people to commit an act prohibited by law

Question 39

Definition of Mistakes of Law

Answer 39

Section 19 in the Criminal Code states that a “mistake of law does not excuse criminal conduct.” Generally however, mistakes of law will not excuse criminal conduct but will take into effect moral blameworthy conduct.