Unit Test #3B key words Flashcards
Part two of criminal law booklet (23 cards)
Indictable offence
Serious crimes with a more severe punishment rather than a summary offence
Necessity
Defence requires the accused is in clear and imminent danger
Self defence
The use of reasonable force to protect t one’s self
Mitigating factors
Circumstances that reduce the severity of the punishment for the crime
Actus Reus
Refers to the physical elements of the crime
Contaminated evidence
Evidence that had been altered in any way after the crime had been committed
Summary offence
Considered a less serious crime with less severe punishment
Mistake of law
An error that occurs when there is a wrong understanding or improper use of legal principles in relation to an action, agreement, transaction, judgment, or situation
Recidivism
a person’s relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime.
Automatism
that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act.
Mens rea
the mental state, or “guilty mind,” that a person must have to be convicted of a crime.
Bail
the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.
Hybrid offence
a crime that can be prosecuted either as a summary conviction offense or an indictable offense, depending on the Crown’s decision.
Discharge
your record won’t show a conviction
Aggravating factors
circumstances that make a crime more serious and justify a harsher penalty.
Provocation
actions by one person that incite another to commit a criminal act, often involving violence
Provincial prison
handle sentences of less than two years
Entrapment
a situation where law enforcement induces a person to commit a crime they would not have otherwise committed
Denunciation
public condemnation of an offender’s actions, a sentencing objective that demonstrates society’s disapproval of the crime. It’s a way of communicating to the offender and the public that their behavior is unacceptable and will not be tolerated.
Closed custody
a youth being placed in a secure, institutional setting with higher security measures, such as a jail or secure detention center, where their movement and access to the community are restricted
Alibi
a claim or piece of evidence that one was elsewhere when an act, especially a criminal one, is alleged to have taken place.
Hung jury
situation in a trial where the jury cannot reach a unanimous or required majority verdict, resulting in a mistrial. This means the jurors are unable to agree on a guilty or not guilty decision after extended deliberation
Federal penitentiary
a prison operated by the federal government for offenders who have received a sentence of two years or more
