Chapter 3 / Criminal Law in Canada Flashcards
criminology
The study of crime and criminal behaviour, which are defined by reference to criminal law.
criminal law
The entire set of principles, procedures, and rules established by governments through the courts and criminal legislation in order to ensure public safety. It includes definitions of crimes, criminal responsibility, and punishments, and defences to a criminal charge.
prohibition
A law forbidding a specific act.
penal law
A law that imposes punishment, as opposed to (for instance) 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 maximum jail sentence of six months.
indictable offence
A serious offence, such as murder or rape, which carries a severe penalty. An indictment is the formal process of setting out a criminal charge in a document for serious, ‘indictment’ offences.
civil law
A system in which the law is primarily set out in legislation, and judges’ discretion is limited to interpretation and application of those written provisions.
indictment
A formal written accusation, usually reserved for more serious crimes.
actus reus
The criminal act or 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 or the state(s) of mind of the offender; it is the intent to commit a criminal act.
intoxication
A potential defence in which drugs or alcohol may prevent an accused from forming the necessary intent to commit a particular crime.
duress
An unlawful threat or coercion used by one person to indece another to perform some act against his or her will.
deterrence
A principle of sentencing of punishment intended to discourage citizens from offending or reoffending.
denunciation
A formal expression that conduct is unacceptable.
retribution
Punishment for transgressions.
parliamentary supremacy
The concept that the legislative body is superior to other institutions, including the executive and the courts.
rule of law
The principle that governments, individuals, and corporations must follow the law; governments may take actions that limit the activities or rights of citizens only in accordance with substantive and procedural requirements prescribed by law.
habeas corpus
The right of an accused (in the form of a writ) to appear before a court, and not be detained without just cause.
interjurisdictional
Relating to crimes, legislation, or other legal issues that cross the boundaries of nations, provinces, or other jurisdictions.
