Criminal Law Unit 2

Question 1

Beyond a reasonable doubt

Answer 1

Accused must by found guilty beyond a reasonable doubt in order to be convicted if not they must be acquitted

Question 2

Perjury

Answer 2

False statement while under oath as a witness at a trial

Question 3

Testimony

Answer 3

Sworn statements given by witness in trial

Question 4

Subpeona

Answer 4

Order by judge to witness to appear in court for examination

Question 5

Voir dire

Answer 5

A small trial within a larger trial with jury absent to decide if certain evidence should be admitted or not

Question 6

Surrebuttal

Answer 6

Restatement by defence of its case and counterargument against crowns case

Question 7

Examination-in-chief

Answer 7

Crown/defence questions their witness. No leading questions allowed

Question 8

Balance of probabilities

Answer 8

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

Question 9

Manslaughter

Answer 9

When person is killed as a result of some kind of criminal negligence

Question 10

Plea bargain

Answer 10

Negotiation between crown and accused concerning the accused pleading guilty for a lesser sentence

Question 11

Hearsay

Answer 11

Heard from somebody else

Question 12

Rebut

Answer 12

Crown questions defences evidence, and vice versa

Question 13

Charge to the jury

Answer 13

Instructions from judge for the jury

Question 14

Three types of offences:

Answer 14

Summary
Indictable
Hybrid

Question 15

Summary offence

Answer 15

Less severe crime, trials don’t last more than 6 months(ex. Trespassing on someone’s yard)

Question 16

Indictable offence

Answer 16

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)

Question 17

Hybrid offence

Answer 17

Gives police more search power, outcome always summary or indictable,(ex. Theft)

Question 18

1st, 2nd, degree murder

Answer 18

1st- planned and deliberate

2nd- killed person but unplanned

Question 19

Directed Verdict

Answer 19

Crown has not proven their case well & is then dismissed

Question 20

Mitigating factors

Answer 20

Decrease seriousness of offence

Question 21

Aggravating factors

Answer 21

Increase seriousness of offence

Question 22

Leading question

Answer 22

Leading person to say yes or no

Question 23

Opinion

Answer 23

Give opinion when your not an expert

Question 24

Permissible

Answer 24

Allowed in court

Question 25

Four goals of sentencing

Answer 25

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

Question 26

What is a warrant

Answer 26

Permission from judge to search or arrest someone. Valid after being shown sufficient evidence and judges signature

Question 27

Two rules concerning searching without a search warrant

Answer 27

Anything in plain sight

Drug suspicion

Question 28

Bail

Answer 28

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 $