Criminal Law Unit 2 Flashcards
Beyond a reasonable doubt
Accused must by found guilty beyond a reasonable doubt in order to be convicted if not they must be acquitted
Perjury
False statement while under oath as a witness at a trial
Testimony
Sworn statements given by witness in trial
Subpeona
Order by judge to witness to appear in court for examination
Voir dire
A small trial within a larger trial with jury absent to decide if certain evidence should be admitted or not
Surrebuttal
Restatement by defence of its case and counterargument against crowns case
Examination-in-chief
Crown/defence questions their witness. No leading questions allowed
Balance of probabilities
Burden of proof in civil law, one side presenting evidence to tip the scales of justice in its favour in the mind of the judge
Manslaughter
When person is killed as a result of some kind of criminal negligence
Plea bargain
Negotiation between crown and accused concerning the accused pleading guilty for a lesser sentence
Hearsay
Heard from somebody else
Rebut
Crown questions defences evidence, and vice versa
Charge to the jury
Instructions from judge for the jury
Three types of offences:
Summary
Indictable
Hybrid
Summary offence
Less severe crime, trials don’t last more than 6 months(ex. Trespassing on someone’s yard)
Indictable offence
Similar that summary but more severe(indictable), provides police with greater search& arrest powers, no time limit on trials, not statute of limitations(ex. Arson or murder)
Hybrid offence
Gives police more search power, outcome always summary or indictable,(ex. Theft)
1st, 2nd, degree murder
1st- planned and deliberate
2nd- killed person but unplanned
Directed Verdict
Crown has not proven their case well & is then dismissed
Mitigating factors
Decrease seriousness of offence
Aggravating factors
Increase seriousness of offence
Leading question
Leading person to say yes or no
Opinion
Give opinion when your not an expert
Permissible
Allowed in court
Four goals of sentencing
Retribution~punishment, pay for their crime
Deterrence~discourage people from committing crimes
Protection of the public~protects people from criminal acts
Treatment~rehabilitation or reformation
What is a warrant
Permission from judge to search or arrest someone. Valid after being shown sufficient evidence and judges signature
Two rules concerning searching without a search warrant
Anything in plain sight
Drug suspicion
Bail
Pay your way out of jail until court date, it’s a guarantee you will show up for your court date and if you don’t you lose your $
