Ch 3; Criminal Law in Canada Flashcards
Criminal Law
The entire set of principles, procedures, + rules established by governments through the courts + criminal legislation in order to ensure public safety. It includes definitions of crimes, criminal responsibility, + punishments + defences to a criminal charge.
Prohibition
A law forbidding a specific act
Penal Law
A law that imposes punishment as opposed to a law that provides only the right of a victim to compensation.
Common Law
A body of law defined primarily through successive decisions of judges, as opposed to through legislation.
Summary Offence
A relatively minor offence punishable by a fine or a max jail sentence of 6 months.
Indictable Offence
A serious offence which carries a sever penalty. (Murder, rape)
Indictment
The formal accusation process of setting out a criminal charge in a document for serious “indictable” offences.
Civil Law
A system in which the law is primarily set out in legislation, + judges discretion is limited to interpretation + application of those written provisions.
actus reus
The criminal act/personal conduct relating to a crime; it may include a failure to act, but does not include the mental element of a criminal offence.
mens rea
The mental element of a criminal offence/ the state(s) of mind of the offender; it is the intent to commit a criminal act.
Intoxication
A potential defence in which drugs/alcohol may prevent an accused from forming the necessary intent to commit a particular crime.
Duress
An unlawful threat/coercion used by one person to induce another to perform some act against his or her will.
Deterrence
A principle of sentencing/punishment intended to discourage citizens from offending or reoffending.
Denunciation
A formal expression that conduct in unacceptable.
Retribution
Punishment for transgressions.
