3rd - Chapter 2 Flashcards
Code of Hammurabi
The first written criminal code, developed in Babylonia about 2000 BCE
Lex talionis
punishment based on physical retaliation (“an eye for an eye”), a precursor of more abstract forms of retribution used today
Mosaic Code
By tradition, the covenant between God and the tribes of Israel in which they agreed to obey his law in return for God’s special care and protection
Wergild
under medieval law, the money paid by the offender to compensate the victim and the state for a criminal offence
Oath-helpers
During the Middle Ages, groups of 12 to 25 who would support the accused’s innocence
Stare decisis
the principle that the courts are bound to follow the law established in previously decided cases (precedent) unless the law was overruled by a higher authority
Common law
Early English law that was developed by judges and incorporated Anglo-Saxon tribal custom, feudal rules and practices, and the everyday rules of behaviour of local villages. Common law became the standardized law of the land in England, and eventually formed the basis of criminal law in Canada
Inchoate crimes
incomplete or contemplated crimes such as solicitation or criminal attempts
Tort law
the law of personal wrongs and damage, such as negligence, libel, and slander
Indictable offence
a serious offence, such as murder, which carries a serious penalty
Summary offence
a minor offence whose penalty is a maximum six months in jail, or a fine
Mala in se
crimes rooted in the core values inherent in our culture, deemed universal
Mala prohibitum
crimes defined by current public opinion and social values, subject to change
Folkways
customs with no moral values attached, such as not interrupting people who are speaking
Mores
customs or conventions essential to a community, which often form the basis of criminal law
Vagrancy
a summary offence crime, meant to prohibit homelessness, begging, and loitering
General deterrence
measures, such as long prison sentences for violent crimes, aimed at convincing the potential law violator that the pains associated with crime outweigh its benefit
Specific deterrence
a punishment severe enough to convince convicted offenders never to repeat their crimes, which is based on the principle that an individual can be dissuaded from committing a crime if the cost outweighs the benefit
Actus reus
an illegal act, such as taking money or shooting someone; also a failure to act, such as not taking proper precautions while driving a car
Mens rea
the intent to commit the criminal act, needed for most offences except strict liability
Intent
carrying out an act intentionally, knowingly, and willingly
Transferred intent
an illegal yet unintended act results from the intent to commit a crime
Constructive intent
the finding of criminal liability for an unintentional act that is the result of negligence or recklessness
Strict-liability crimes
illegal acts with no need for intent, or mens rea; they are usually acts that endanger the public welfare, such as illegal dumping of toxic wastes or speeding
Mental disorder
a disease of the mind includes an abnormal condition that impairs functioning, excluding self-induced states caused by alcohol and transitory states such as hysteria
M’Naghten rule
in 1843, an English court established Daniel M’Naghten was not responsible for murder because delusions had caused him to act. The principle of criminal responsibility states that an accused cannot be held legally liable for their actions if they do not know what they are doing or cannot distinguish right from wrong
Duress
one of the grounds that excuse an accused from responsibility from an act, if it can be shown that the accused was forced or compelling by someone else to commit a criminal act
Entrapment
a criminal defence maintaining that the police initiated the criminal action
Disclosure
A principle established in R. v. Stinchcombe (1991), where the prosecution must give all evidence gathered by police to the defendant in order to make a complete defence to the charges
Assisted suicide
the practice of seeking help from a physician in committing suicide; not legal in Canada
Stalking
the criminal offence of following or harassing a victim even though no actual assault or battery has occurred
Cyberstalking
the use of the Internet, email, or other electronic communication devices to stalk another person
Sex offender registration
requirement that released offenders register and report to the police, and keep them informed of their whereabouts, including any change of address
Community notification
legislation that requires convicted sex offenders to register with local police when they move into an area or neighbourhood
