Chapter 8: Criminal defences

Question 1

What is defence?

Answer 1

• The accused’s response to criminal charges

Question 2

What is an alibi?

Answer 2

• Defense that the accused was not at the scene of the crime when it took place.

Question 3

What are the parts that an Alibi includes?

Answer 3

1. Statment indicating that the accused was not at the location of the crime.
2. Explanation of the accused whereabouts at the time.
3. The names of any witness in the alibi

Question 4

Why the alibi should be applied early?

Answer 4

• So the crown and police have time to investgated properly.

Question 5

What is insane automatism?

Answer 5

• Action made by a disease of the mind

Question 6

What Non-insane automatism?

Answer 6

• Automatism linked to external factors like sleep walking

Question 7

When an accused is not criminally responsible for a disease of the mind?

Answer 7

• At the time the crime was comitted he or she was suffering from a mental disorder.
• The mental disorder made the individual incapable of understanding the nature of the crime.

Question 8

What is automatism?

Answer 8

• Involunatry action by someone who is in a state of impaired consciousness.

Question 9

What is intoxication?

Answer 9

• The accused must show that he did not have the required intent at the time the offence was comitted.

Question 10

What is defence to the contrary?

Answer 10

• Evidence from the defense that disputes the evidence put forth by the crown.

Question 11

What are general intent offenses?

Answer 11

• Crimes that doesn’t require specific intent to commit them.

Question 12

What are specific offenses?

Answer 12

• Crimes that are composed of mens rea and actus reus

Question 13

What is battered woman syndrome?

Answer 13

• Psycological condition caused by severe domestic violence.

Question 14

What is self-defense?

Answer 14

• The legal use of reasonable force to defend oneself.
• The threat has to be real

Question 15

What is necesity?

Answer 15

• Excused for a criminal act being comitted due to immediate and emergency circumstances.

Question 16

What is the duress defense?

Answer 16

• Threat or coercion to force someone to do something against his or her will.

Question 17

What is ignorance of the law?

Answer 17

• defense that the accused did not know the law.
  (mistaken belief is not an offence)

Question 18

What is mistake of fact?

Answer 18

• defense that shows lack of mens rea due to an honest mistake

Question 19

What is Entrapment defense?

Answer 19

• When police induce a person to commit a crime.

Question 20

What is double jeopardy?

Answer 20

• being tried twice for the same offence.