Chapter 11 Definitions

Question 1

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

Answer 1

Battered Woman Syndrome

Question 2

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

Answer 2

Mistake of Fact

Question 3

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

Answer 3

Mens Rea

Question 4

That which renders an action criminal or deserving of moral blame or punishment

Answer 4

Culpability

Question 5

The concept that there is no defense, fault is not an issue, and the accused is convicted based on the guilty act.

Answer 5

Absolute Liability

Question 6

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

Answer 6

Mistake of Law

Question 7

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

Answer 7

Intoxication

Question 8

The goal of committing an illegal act, with no illegal purpose beyond that act.

Answer 8

General Intent

Question 9

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

Answer 9

Specific Intent

Question 10

The standard of proof required in a civil action showing that it is more likely than not that something occurred.

Answer 10

Balance of Probabilities

Question 11

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.

Answer 11

M’Naghten’s Rules

Question 12

• A person cannot be convicted of two offences that are as a result of the same act.

Answer 12

The Kinapple Principle

Question 13

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”

Answer 13

Mental Disorder Defense

Question 14

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

Answer 14

Automatism

Question 15

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.

Answer 15

Self-Defense

Question 16

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

Answer 16

Provocation

Question 17

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

Answer 17

Entrapment

Question 18

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

Answer 18

Necessity

Question 19

A defense arguing that an accused was forced to commit a criminal act under threat of personal injury or death

Answer 19

Duress

Question 20

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.

Answer 20

Corporal Punishment Defense

Question 21

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

Answer 21

Denunciation

Question 22

An objective of sentencing that aims to prevent an individual offender from committing a crime again.

Answer 22

Specific Deterrence

Question 23

An objective of sentencing that aims to deter or discourage other members of society from committing the same crime

Answer 23

General Deterrence

Question 24

An objective of sentencing that provides for the treatment or correction of the offender

Answer 24

Rehabilitiation

Question 25

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.

Answer 25

Sanction

Question 26

Payments of money as compensation for harm or injury; compensations for war damage incurred during war paid by defeated countries to victorious countries

Answer 26

Reparations

Question 27

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.

Answer 27

Restorative Justice

Question 28

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.

Answer 28

Sentencing Circles

Question 29

A fundamental principle of sentencing that allows the judge to weigh the seriousness of the offense when selecting an appropriate sentence.

Answer 29

Proportionality

Question 30

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)

Answer 30

Aggravating Factors

Question 31

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)

Answer 31

Mitigating Factors

Question 32

A principle of sentencing that allows a judge to consider sentences imposed on similar offenders committing similar offenses in similar circumstances

Answer 32

Parity

Question 33

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

Answer 33

Totality

Question 34

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

Answer 34

Consecutive

Question 35

A principle of sentencing that allows judges to consider options other than imprisonment when imposing a sentence

Answer 35

Restraint

Question 36

Serving a term on weekends or evenings, which is sometimes allowed in short-term sentences

Answer 36

Intermittent

Question 37

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

Answer 37

Dangerous Offender

Question 38

A penalty that has no fixed length but is subject to periodic review

Answer 38

Indeterminate Sentence

Question 39

A form of release, subject to conditions, into the community for offenders after they have served part of their sentence

Answer 39

Parole

Question 40

A sentencing option that allows offenders to live in the community subject to conditions (e.g. being of good behaviour)

Answer 40

Probation

Question 41

A sentencing option used by a judge whereby no conviction is recorded and no conditions are attaached

Answer 41

Absolute Discharge

Question 42

A sentencing option used by a judge whereby no conviction is entered but conditions are attached to a probation order

Answer 42

Conditional Discharge

Question 43

A sentencing option whereby a judge orders the offender to compensate the victim for loss or harm done.

Answer 43

Restitution

Question 44

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

Answer 44

Victim Impact Statement

Question 45

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.

Answer 45

Victim Surcharge