Test #1 Part 2 Flashcards
Explain the R. V Jordan Case
Barrett Richard Jordan was charged with drug-related offenses, but his trial did not begin until almost four years after the charges were laid. Jordan argued that this delay violated his constitutional right to a trial within a reasonable time frame.
The Supreme Court of Canada, in its decision in 2016, established a new framework for determining what constitutes a reasonable delay in criminal proceedings.
According to the Jordan framework, delays exceeding 18 months in provincial court cases or 30 months in superior court cases (from the time charges are laid to the completion of trial) are presumed to be unreasonable unless exceptional circumstances exist.
Explain Precedent
Precedent in law simply means that decisions made in previous court cases can guide how similar cases are decided in the future. When a court makes a ruling on a particular legal issue, that decision sets a precedent, or an example, for how similar cases should be handled by lower courts or even the same court in the future.
Explain Mens Rea
mens rea is an essential element in determining criminal liability. It indicates whether the person had a guilty mind or criminal intent when they committed the act. For example, if someone steals something, their mens rea would involve whether they intended to take it without permission or if they did so accidentally.
(Guilty Mind)
Explain Actus Reus
Actus Reus refers to the physical act or conduct that constitutes a criminal offense. It is one of the two main components of a crime, along with mens rea
(guilty act)
Explain Strict Liability
Strict liability in Canadian law refers to a legal principle where a person can be held responsible for an offense without needing to prove intent or fault. In other words, even if someone didn’t mean to break the law or didn’t realize they were doing so, they can still be found guilty.
Explain Mitigating Factors
Mitigating factors in Canadian law are circumstances or factors that can lessen the severity of a sentence or punishment imposed on an individual who has been found guilty of committing a crime. These factors are considered during sentencing hearings to determine a fair and appropriate punishment
Explain Aggravating Factors
aggravating factors are circumstances or characteristics of a crime that make it more serious or deserving of a harsher punishment. These factors can increase the severity of the offense and influence the sentencing decision by the court. Some common aggravating factors include the use of violence, the presence of premeditation, the vulnerability of the victim, the commission of the crime for profit, or the impact of the offense on the victim or community.
Explain 2nd Degree murder
second-degree murder refers to a type of homicide where the killing is intentional but not planned or premeditated. It involves causing someone’s death intentionally, but without the specific intent to kill them beforehand.
Explain First degree murder
first-degree murder” is the most serious charge someone can face for taking another person’s life. It’s reserved for cases where the killing was planned and deliberate, meaning the person intended to kill the victim and took steps to carry out that intention.
What is the punishment for 1st degree murder
life imprisonment with no chance of parole for at least 25 years
Explain Manslaughter
manslaughter is a criminal offense that involves unlawfully causing the death of another person without intending to kill them. Unlike murder, which requires the specific intent to cause death, manslaughter typically involves acts that are reckless, negligent, or unintentional but still result in someone’s death.
Explain Culpable Manslaughter
It occurs when someone unintentionally causes the death of another person while committing an unlawful act that is likely to cause bodily harm, and the person committing the act shows reckless disregard for the lives or safety of others.
Explain Non-Culpable Manslaughter
Non-culpable manslaughter, also known as involuntary manslaughter, is a legal term in Canadian law that refers to situations where someone causes the death of another person unintentionally and without malice. In other words, the person did not mean to cause harm or death to another individual.
Explain Verdict
verdict is the decision reached by a judge or jury at the conclusion of a trial. It is the official finding or determination of whether the accused person is guilty or not guilty of the charges brought against them.
Explain Deliberate
deliberate” refers to something that is done intentionally or with careful consideration. When an action is deliberate, it means that the person who committed the act did so knowingly and purposefully, rather than accidentally or unintentionally.
Explain the criminal code of canada
The Criminal Code of Canada is a set of laws that outlines criminal offenses and procedures for prosecuting individuals accused of committing crimes within Canada.
Explain Privileged Communication
Privileged communication in Canadian law refers to confidential information exchanged between certain individuals, such as a client and their lawyer or a patient and their doctor, which is protected from being disclosed in legal proceedings without the consent of the individual.
Explain Beyond a reasonable doubt
“beyond a reasonable doubt” is the standard of proof required in criminal cases for the prosecution to prove the guilt of the accused. It means that the evidence presented must be so convincing that there is no reasonable doubt in the mind of the judge or jury that the accused committed the crime.
