Chapter 3 Test Review Flashcards
Criminal Defences
Negative Defences and Affirmative Defences
Actus reus
The act of committing a crime
Mens Rea
The knowledge or intention of a crime
Absolute Liability
a person must not only have committed a criminal action but also have had a deliberate intention or guilty mind (mens rea)
Strict Liability
mens rea does not have to be proven in relation to one or more elements comprising the actus reus
General Intent
Crimes do not a need a certain intent or purpose
Specific Intent
crimes require the individual who commits the crime to have a certain intent or purpose when the crime was committed
Criminology
Study of the nature, causes, and means of dealing with a crime
Psychopathy
Mental illness or disorder
Summary Offence
A crime that can be proceeded without a trial/jury indictment
Indictable Offence
Can only be tried on an indictment after a preliminary hearing
Hybrid Offence
The case may be prosecuted either summarily or by an indictment
Trial Process
The accused may be tried by judge alone or by jury
Criminal Defences
men’s Defences and Affirmative Defences
Levels of Offences
Summary, indictable and hybrid
Negative defences
Mistake of fact, Mental disorder, Automatism and Intoxication
Affirmative Defences
Self-defence and compulsion/duress
Theory of Anomie
Shift from rural to urban living also caused a shift in traditional values leaving them to weaken
Anomie
Individuals isolation in an urban setting
Social conflict theory
Marx and Engels argued a capitalist society by encouraging competition for resources made crime inevitable
Positivism
Focused on biological and psychological factors to explain criminal behaviour
Bentham
Believed that law should ensure the greatest good for greatest number of people
Section 718 the 6 purposes of sentencing
- to DENOUNCE unlawful conduct
- to DETER the offender & other people from committing offences
- to SEPERATE offenders from society where necessary
- to assist in REHABILITATIng offenders
- to provide REPARATION for harm to the victims of the community
- to promote a sense of RESPONSIBILITY in offenders and acknowledgement of the harm done to victims and the community
Purpose of Restorative Justice
Settle the conflict to the satisfaction of all of the parties
Principles of Justice
- crime violates a respect among victims, offenders and the community
- responses to crime should encourage an active participation of victim, offender and the community
Examples of Restorative Justice
- victim - offender mediation - a meeting b/t the victim, the offender and a mediator to determine restitution
- family group conferencing - program that brings the victim, offender & families to determine restitution
- victim - offender pannel - victims & offenders of specific crimes come together in groups to discuss their experiences
Aggravating Sentencing factors
- specific factors that should result in harsher punishment
- violence/weapons
- previous convictions
- excessive cruelty to victims
- multiple victims/crimes
- vulnerability of the victim
Mitigating sentencing factors
- specific info/evidence about defendant that lowers punishment
- absence of previous conviction
- physical/mental illness
- age
- provoked/duress
- evidence of restitution
- genuine remorse
