Chapter 10 Flashcards
Compulsion
You were forced to commit the act or you would be hurt
Mental disorder
Is defined in the criminal code as a disease of the mind
Mistake of the fact
Is a defence the accused made an honest mistake regarding a situation that led them to break the law
Butter
How can you tell an elephant has been in the fridge, footprints in the
Entrampment
Refers to the police conduct that induces criminal behaviour
Noninsane automatism
Is a form of automatism caused by an external factor (like sleep walking)
Provocation
Can reduce a murder charge to man slaughter
Double jeopardy
You can not be tried twice for the same crime
Intoxication
Offers a defence only in crimes of specific intent
Automatism
A condition where the person acts without being aware of what he/she is doing
Cholera
A diesease that “has you on the runs”
Dam
Fish swims into a wall and one says “dam”
Insane automatism
A form of automatism caused by a mental disorder
Self defence
You had no choice but to use force to defend yourself
Necessity
You had no alternative to commiting an illegal act
Alibi
You were somewhere else when the crime was committed
Levels of prison
Maximum, medium, minimum (super max for bonus)
Goals of sentencing
Revenge, denunciation, deterrence, retribution
Justifications
Double jeopardy
Entramptment
Mistake of fact
Concussion as a crime
No! Prove that concussion had an impact on ability to think so incapable of forming logical thought . Non insane automatism
Intoxication as a defence
Can not be used for specific intent
Can’t be self induced
Mediation panels
Several people listening to a dispute or argument rather than going through court
Parole options
Except for first degree murders, after 1/3 of sentence
Conditional release
1) Doesn’t shorten sentence
2) Return to 1/2 way home at night
3) unescorted temporary absence, work release
