Chapter 4: Criminal Law Flashcards
What is Actus Reus
Actus reus refers to the physical act or unlawful omission that constitutes a criminal offense, forming the external component of a crime.
What is “Arraign”
To bring a criminal defendant before a court to hear and respond to the charges against them, typically by entering a plea of guilty or not guilty.
What is the Canadian criminal code?
Is a comprehensive statute that codifies most of the criminal offenses and procedures in Canada, outlining crimes, penalties, and legal processes.
What is a criminal offence?
An act or omission that is prohibited by law and punishable by the government, typically involving harm to individuals or society.
What is criminalization?
The process of making an act or behavior illegal by enacting laws or statutes that define and prohibit it as a criminal offense.
What is decriminalization?
The process of removing or reducing the criminal classification or penalties associated with a particular act, often shifting it to a regulatory or civil matter.
What is a hybrid offence?
A crime in Canadian law that can be prosecuted either as an indictable offense or a summary conviction offense, giving the Crown discretion to choose the mode of prosecution based on the circumstances of the case.
What is impartiality?
The obligation of judges, jurors, and other legal officials to remain unbiased and fair, making decisions based solely on the evidence and legal arguments presented, without personal prejudice or outside influence.
What is an indictable offence?
A serious criminal charge in Canadian law that typically requires a preliminary hearing and a formal trial, often carrying more severe penalties than summary offenses.
What is legalization?
Removing legal restrictions or prohibitions on a particular activity, making it permissible under the law.
What is Men’s Rea
The mental state or intention behind committing a crime, necessary to establish criminal liability.
What is preliminary hearing?
A court proceeding in which a judge determines whether there is enough evidence for a case to proceed to trial.
What is prosecution?
The legal process of bringing criminal charges against an individual or entity accused of committing a crime, conducted by government authorities such as the police and Crown prosecutors.
What is a summary conviction offence?
a less serious criminal offense in Canadian law that is generally heard and decided by a judge without a jury, with less severe penalties than indictable offenses.
