CHPT 4 Definitions Flashcards
Criminal Code
The body of public law that defines crimes and prescribes punishments.
Criminal Offence
An action, omission, or state of being that is considered a crime, as defined in the criminal code or other criminal statute.
Criminalize
To make a behavior a criminal offense in the Criminal Code or other criminal statute.
Decriminalize
To make a behavior that was illegal only punishable by fines.
Legalize
To make an act completely legal by removing it from the criminal code or other criminal statute.
Procedural Justice
Fairness in the processes that resolve disputes.
Impartiality
A principle that judicial decisions should be based on objective criteria and be free from bias or conflicts of interest.
Enact
To pass a proposed law into legislation.
Amend
to change existing legislation(laws)
Summary Conviction Offense
A minor criminal offense with less severe punishments, which is usually tried soon after the charge is laid (summarily) without a preliminary hearing or jury.
Prosecute
To initiate and carry out a legal action.
Hybrid offence
A criminal offence proceeding by way of a summary conviction or an indictable offence; the Crown decides which way to proceed.
Indictable Offense
A serious criminal offense with a severe penalty, proceeding by way of a formal court document called an indictment.
Statute of Limitations
A time limit imposed by law within which a specific action must be taken.
Actus Reus
A Latin phrase meaning “a wrongful deed”; the physical or guilty act, omission, or state of being that constitutes a crime.
Mens Rea
A Latin phrase meaning “a guilty mind”; the mental elements of one’s criminal actions.
Criminal State Of Mind
Means if you commit an act such as assault without intending to do so while you are committing another crime you are still guilty. For example, if I accidently knock someone over while running after committing theft causing them injury, I am still guilty as I had a criminal state of mind.
Intent
The state of the mind of a person who commits an action deliberately and on purpose.
Willful Blindness
The act of deliberately choosing to ignore certain facts or information.
Recklessness
A state of acting carelessly without regard for the consequences of one’s actions.
Criminal Negligence
Wanton and reckless disregard for the lives and safety of other people.
Knowlege
Knowledge is sufficient mens rea for a criminal conviction. For example, if someone uses a credit card knowing its cancelled, they can be charged with the indictable offense of fraud.
Motive
The reason for committing a certain act.
Attempt
An act done with the intent to commit a criminal offense but without success.
Conspiracy
An agreement between two or more people to commit an unlawful act.
Aiding
Assisting someone to commit a criminal offense.
Abetting
Encouraging or urging another person to commit a crime.
Accessory After the fact
Someone who knows that a crime has been committed and who helps the person who committed the crime to hide or escape from police.
Organized crime
A group of three or more people that defies authority and engages in criminal activity.
