CHP 8 Flashcards
What is the purpose of an Alibi?
Proves you weren’t at the scene of the crime
Requires an alibi witness or proof such as CCTV
Why does an accused person have the right under the Rule of Law to present a defence to criminal charges?
Right to a fair trial, No one is above the Law, Crown has to prove you guilty, Right to prepare defence
Opportunity to cross-examine and challenge your accusers
Can some defences lead to a full acquittal?
Yes, all charges are dropped regardless of actual guilt
The Crown needs to prove both Act and Intent
List two reasons why a person or a defence lawyer might use a defence to criminal charges instead of pleading guilty.
- The lawyer may be able to reduce the sentence or severity of the punishment
- The case may be highly circumstantial
What role do Expert Witnesses play in the defences of Non Insane and Insane Automatism?
Provide professional opinions to help prove or disprove act and intent
Must be sworn in and may have conflicting opinions
What is the key issue that must be proven in the possible success of the defence of Self Defence?
That your life was in danger and that the force used was reasonable
How is the defence of Mental illness used in a criminal trial?
Proven inability to form mens rea, potentially leading to reduced sentence
May result in jail vs. mental institution
For the defence of Duress to be successful, what two concepts must be proven?
- Immediate danger/threat
- Credibility of the threat
Why are the police not allowed to perform Mr. Big Operations in Canada since 2014?
Due to concerns about entrapment and the reliability of evidence obtained
Explain the concept of Entrapment.
Individuals shouldn’t be held accountable if coerced or induced by law enforcement
Example: Sebastian Burns and Atif Rafay case
How does the defence of Intoxication lower the offence from Specific Intent Offense to General Intent Offense?
Argues the accused was too impaired to form specific intent
This defence is controversial as it may allow avoidance of responsibility
What are the elements required to establish the defence of Necessity?
- Imminent peril or danger
- No reasonable legal alternative
- Harm inflicted must be proportional to harm avoided
What is the legal principle of double jeopardy?
A person found not guilty cannot be prosecuted again for the same offence
Applies even if new evidence arises
What is the role of a defence lawyer in a criminal trial?
Cross-examine the Crown’s witnesses and test the validity of the Crown’s case
Also checks for violations of legal rights during police procedures
What is cross-examination?
Questioning of a witness conducted by the lawyer for the opposing side
