Chapter 6/7 Flashcards
abetting
assisting or encouraging a crime
absolute liability offences
didn’t due any due diligence, therefor liability is 100%
accessory after the fact
aiding a criminal, after the crime has been committed, and knowing he his a criminal.
actus reus
“guilty actions”
aiding
very similar to abetting, involves assisting someone to commit a crime
attempt
trying to commit a crime. but was un able to complete it.
conspiracy
two or more people planning to commit a crime.
counselling
similar to aiding. but has more to do with a power difference. As in you guide someone in doing the crime, or persuade them to commit one.
crime
doing something that the society views as wrong, and punishable my authorities.
criminal law
body of law which relates to crime
criminal negligence
connected to “mens rea” in the fact that you are doing something dangerous without the intent to break the law, and being willingly blind to your actions.
due diligence
reasonable precaution taken to avoid crime
general intent
mental plan to break the law
intent
doing something on purpose
knowledge
facts or information acquired by someone
liability
being held responsible for ones actions
mens rea
“the guilty mind”
motive
the reason someone commits a crime
parties to an offence
Every one is a party to an offence who
(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding any person to commit it; or
(c) abets any person in committing it.
party to common intention
Where two or more persons form an intention to commit a crime
perpetrator
person who commits a unlawful, or unjust act
quasi-criminal laws
laws that differ dependent on the province.
recklessness
connected to “the mens rea”… It generally involves a person pursuing a course of action while consciously disregarding danger.
regulatory laws
laws created to regulate administrative agencies and executive documents published in a register and compiled in a code.
specific intent
specific intent means the perpetrator committed the crime for a specific reason…. ie, guy brakes into a house to steal a compute that had files he needed to taint the stock market and make MILLIONS!
strict liability offences
(he liability is said to be strict because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of mens rea.) straight of the internet, don’t totally understand it
willful blindness
choosing to not see danger, or a potential crime/wrong doing in consequences to your actions or lack of action.
START CHAPTER 7
START CHAPTER 7
Accused
The person who is facing charges for committing a crime. if found guilty
Appeal
apply to a higher court for a reversal of the decision of a lower court.
Appellant
The individual applying for and appeal
Arraignment
Reading the accused his charges, and him/her entering a plea of guilty or not guilty
Beyond a Reasonable Doubt
having no reasonable suspicion that something may not be the truth or didn’t happen
Burden of Proof
It is on the crown counsel to prove guilt, not the defence to prove innocent
Challenge for cause
a request that a prossible juror be dismissed due to there being a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror
Character Evidence
evidence that brings into account ones character to state why or why not someone would do something
Charge the jury
The judge “Charges the jury” buy explain the law and how it must be applied to the case, before the jury decides on a verdict
Circumstantial evidence
evidence that relies on suspected, or predicted facts
Court Clerk
in charge of running the court proceedings, such as swearing in witnesses, and handling exhibits
Court of Appeal
Highest court in the provence, hears criminal cases and appeals from some administrative boards and tribunals.
Cross Examination
a questioning period were an attorney from the crown or defence engages with the opposing witness
Crown Attorney
an attorney representing the state.
Defence Counsel
attorney representing the accused
Direct Evidence
evidence that supports the truth of an assertion.
Direct Examination
a questioning period where an attorney interviews his/her own witness
Directed Verdict
Judge providing a specific verdict the jury must decide one because no other reasonable one exists that the accused could be found guilty of.
Duty Counsel
free legal advice or assistance offered to lawyer less individuals.
Evidence
exhibits that in some way add to the case
Federal Court of Canada
hears types of disputes arising under the central government’s legislative jurisdiction. split into federal court and Canadian court of appeals. Involved with cases that have a nationwide connection, allowing them to be under its jurisdiction
Hearsay Evidence
Evidence that is that is based on rumours
Hung jury
when a jury cannot come to a decision
Judge
Representative of the law in court, in charge of the application of the law.
Jury
after learning how the law must be applied to the case by the judge, the jury is charged with coming to a verdict based on the facts presented in the trial they where present in.
Jury Panel
a list of jurors to choose from
Justice of the Peace
basically another word for judge, but at a provincial level.
Leave
Asking the courts permission to do something you would not normally be allowed to do.
Motion for Dismissal
a request for the cased to be dismissed
Peremptory Challenge
the right to request removal of a limited number of jurors without giving a reason
Perjury
Knowingly lying under oath
Preliminary Hearing
a hearing before a case goes to trial to test and see if its evidence is strong enough to take to court
Provincial Court
A court thats jurisdiction is limited to affairs related and committed in the province.
Rebut
claim or prove that an evidence or an accusation is false. Attorneys are given the opportunity to do this when there own witness has just gone through cross examination.
Respondent
a defendant or a repellent in a lawsuit
Sheriff
police officer present the court room
Subpoena
a letter that obligates you to appear in court
Superior Court of the Province
the highest level of court within a province “supreme court of _____”
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system.
Surrebuttal
a plaintiff’s reply to the defendant’s rebutter.
Vior Dire
a legal phrase that refers to a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth
Wiretapping
evidence collected by intercepting cell signals or radio signals.
Witnesses
A person with non hearsay evidence that applies to the case.
