Chapter 11 Definitions Flashcards
A condition of fearfulness and hopelessness experienced by women who have been abused over a long period; used recently as a defense for abused women who have killed their abusers
Battered Woman Syndrome
A legal defense that permits an accused to argue he or she may have misinterpreted the law and did not have the requisite mens rea necessary for the alleged offense
Mistake of Fact
The Latin word meaning “guilty mind” that refers to the mental element of a crime, which may be shown by intent, knowledge, recklessness, or willful blindness
Mens Rea
That which renders an action criminal or deserving of moral blame or punishment
Culpability
The concept that there is no defense, fault is not an issue, and the accused is convicted based on the guilty act.
Absolute Liability
A defense sometimes used if an accused has made every effort to conform to the law and has been provided with professional, but incorrect, advice
Mistake of Law
Being rendered incapable of forming criminal intent by alcohol or drugs, this condition may be used to disprove the existence of mens rea necessary for some crimes or as a mitigating factor in sentencing
Intoxication
The goal of committing an illegal act, with no illegal purpose beyond that act.
General Intent
The mental purpoe to accomplish a specific act prohibited by law (e.g. murder); the defendant must intend not only to commit the act charged, but also to violate the law
Specific Intent
The standard of proof required in a civil action showing that it is more likely than not that something occurred.
Balance of Probabilities
The test applied to the defense of insanity whereby an accused is not held criminally responsible, if, at the time of committing the act, there was a disease of the mind that made him or her incapable of knowing the nature and quality of the act or that the act was wrong.
M’Naghten’s Rules
- A person cannot be convicted of two offences that are as a result of the same act.
The Kinapple Principle
A defense that, in 1992, replaced the insantiy defense, with the verdict changing from “not guilty by reason of insanity” to “not criminally responsibile by reason of mental disorder”
Mental Disorder Defense
The state in which a person has no conscious control over his or her actions; a defense used so that people in this state cannot be found criminally responsible
Automatism
A justification for an alleged criminal act whereby an accused had the necessary mens rea and was supposedly defending himself or herself, property or others.
Self-Defense
A defense that reduces the charge of murder to manslaughter if it can be proven that the accused acted in the heat of passion and was sufficiently provoked such that any reasonable person may have reacted
Provocation
A defense arguing that an accused was induced by a government agent (e.g. police officer) into committing a crime he or she would not otherwise have committed
Entrapment
A defense that may excuse a person from criminal liability if it can be shown that he or she acted to protect life or limb in a reasonable manner
Necessity
A defense arguing that an accused was forced to commit a criminal act under threat of personal injury or death
Duress
A defense permitting a parent, or one who acts in place of a parent, to physically discipline a child as long as the discipline is reasonable and falls within the Supreme Court’s guidelines.
Corporal Punishment Defense
An objective of sentencing that allows a judge to consider society’s revulsion for a particular crime or the character or actions of a particular accused
Denunciation
An objective of sentencing that aims to prevent an individual offender from committing a crime again.
Specific Deterrence
An objective of sentencing that aims to deter or discourage other members of society from committing the same crime
General Deterrence
An objective of sentencing that provides for the treatment or correction of the offender
Rehabilitiation
A disciplinary action imposed by a court (e.g. imprisonment, a fine, a conditional sentence), restriction, limitation, suspesnion, or termination of normal privilege; may be used in labour or international disputes and by the legal system.
Sanction
Payments of money as compensation for harm or injury; compensations for war damage incurred during war paid by defeated countries to victorious countries
Reparations
The concept that an offender is required to restore or re-establish justice by recognizing and accepting responsibility for his or her actions and by returning the victim or the community, as much as possible, to the original state prior to the offense.
Restorative Justice
A system of restorative justice, rooted in Aboriginal cultures, whereby the community helps to determine an appropriate sentence for an offender who is willing to participate and accept responsibility for his or her actions.
Sentencing Circles
A fundamental principle of sentencing that allows the judge to weigh the seriousness of the offense when selecting an appropriate sentence.
Proportionality
Elements that increase an offender’s responsibility for his or her actions and are considered by the judge in imposing a more severe sentence (e.g. evidence that the offender was motivated by ethnic prejudice)
Aggravating Factors
Factors that decrease the offender’s responsibility for his or her actions and are considered by the judge in imposing a less severe sentence (e.g. evidence that it was a first-time offense for the accused)
Mitigating Factors
A principle of sentencing that allows a judge to consider sentences imposed on similar offenders committing similar offenses in similar circumstances
Parity
A principle of sentencing allowing a judge to consider a sentence that is not excessively harsh or long when an offender is ordered to serve a consecutive sentence
Totality
Used to describe a sentence that allows for one sentence term to follow another; may be imposed in circumstances where the offender has been charged and convicted of multiple offenses
Consecutive
A principle of sentencing that allows judges to consider options other than imprisonment when imposing a sentence
Restraint
Serving a term on weekends or evenings, which is sometimes allowed in short-term sentences
Intermittent
A Criminal Code classification given to someone who has committed an offense for which there was serious personal injury and who continues to pose a threat to society
Dangerous Offender
A penalty that has no fixed length but is subject to periodic review
Indeterminate Sentence
A form of release, subject to conditions, into the community for offenders after they have served part of their sentence
Parole
A sentencing option that allows offenders to live in the community subject to conditions (e.g. being of good behaviour)
Probation
A sentencing option used by a judge whereby no conviction is recorded and no conditions are attaached
Absolute Discharge
A sentencing option used by a judge whereby no conviction is entered but conditions are attached to a probation order
Conditional Discharge
A sentencing option whereby a judge orders the offender to compensate the victim for loss or harm done.
Restitution
A declaration. made by the victim or the victim’s family detailing the harm done to them and the effect of the crime on their life
Victim Impact Statement
A percentage of the fine that an offender is required to pay to the court, which is used for victim services in the province or territory.
Victim Surcharge
