Criminal Law Vocab Flashcards
A Latin phrase meaning “a wrongful deed”; the criminal act or omission to act, which with mens rea makes one criminally liable
actus reas
an approach based on two opposing sides, in which each side presents its case in court
adversarial system
the third most serious of three levels of assaults’ in criminal law; assaults’ that wounds, maims, disfigures or endangers the life of the victim
aggravated assaults’
a defence that the accused was in a different place, not at the scene of the crime, when it took place
alibi
to legally detain a person and charge him or her with a criminal offence
arrest
(the broad term for the 3 levels of assault) the first level of assault, specifically, the threat of or actual physical contact without consent or approaching or blocking a person while openly carrying a real or imitation weapon
assault
the second of the three levels of assault - assault the interferes with the victims health or comfort in a significant way or assault involving a real, threatened or imitation weapon
assault causing bodily harm
an effort or try; an act done with the intent to commit an offence
attempt
intention physical contact that is harmful or offensive to the other person; the completion of assault in tort law
battery
to enter another’s premises without permission by breaking or opening anything that is closed; also called burglary
break and enter
the penalty of death for committing a crime
capital punishment
information (evidence) that relates only indirectly to the alleged offence
circumstantial evidence
a penalty (sentence) for crimes in which penalties for two or more offences are served at the same time
concurrent sentence
a penalty (sentence) for crimes in which penalties for two or more offences are served one after another
consecutive sentence
any material, including both illegal drugs and drugs legally prescribed by doctors, listed in the controlled drugs and substances act
controlled substances
the body of public law, that declares acts to be crimes and prescribes punishment’s for those crimes
criminal law
want on and reckless disregard for the lives and safety of other people
criminal negligence
in criminal matters, the lawyer prosecuting on behalf of the crown and society; an agent of the attorney general
Crown Attorney
blamable or criminal homicide (the killing of another person), as in murder, manslaughter, infanticide
culpable homicide
a person who has committed serious personal injury and who meets certain criteria to be given this designation resulting in an undetermined sentence (designation similar to long term offender)
dangerous offender
the accused and his or her legal representatives; a reason or set of circumstances that might relieve a defendant of liability (e.g., the defence of mental disorder)
defence
the person charged with an offence
defendant
the act of keeping someone in custody; enforced delay
detention
information (evidence) given by a person who witness the event in question (e.g., testimony by a bystander)
direct evidence
a stage in proceedings for a trial by jury in which the crown attorney and the defence must meet to reveal all evidence; after which, charges would be dropped if the defence proves that the crown has no case
disclosure
being tried twice for the same offence, which is prohibited
double jeopardy
illegal coercion ; the threat or use of violence to force a person to do something against his or her will
duress
information used to support a case
evidence
denying something, clearing of guilt (evidence for not guilty)
exculpatory
the killing of another person that is planned and deliberate, in which the victim is a law enforcement agent, or that is related to committing or attempting other crimes that are particularly offensive to society (hostage taking, SA, hijacking an airplane)
first-degree murder
a cancellation of a person’s punishment and conviction; the recipient is no longer considered to have committed the crime of which he or she was convicted
free pardon
a document that requires person be brought to court to determine if he or she is being legally detained; the right to this document as protection against unlawful detention
habeas corpus
killing another person, directly or indirectly
homicide
a jury cannot come to a unanimous decision in a criminal case
imprisonment or confinement
incarceration
severe or particularly serious criminal offences (e.g., murder treason), which have correspondingly severe penalties and which proceed by way of a formal court document called an indictment
indictable offences
the killing of an infant shortly after birth by the mother as she is nit fully recovered from the effects of child birth (post-partum depression) and her mind is disturbed
infanticide
a written complaint, made under oath, stating that there is reason to believe that a person has committed a criminal offence
information
a criminal who repeatedly behaves in a way that could injure, kill, or cause phycological harm and in the case of a sexual crime offender would likely reoffend
long-term offender
homicide or killing of another person, by committing an unlawful act with only general intent (speeding and killing a pedestrian, giving a lethal punch in a sudden provoked braul)
manslaughter
the knowledge, intent, or recklessness of ones actions, which together with actus rea, makes one criminally liable
mens rea
people under the age of majority (18 yrs)
minors
factors that moderate or lessen the responsibility of the offender, so might reduce penalty
mitigating circumstance
homicide (killing of another person) that is not criminal, but caused completely by accident or in self-defense
non-culpable homicide
evidence based on the thoughts of the witness, usually an expert in his or her field (a coroner commenting on cause of death)
opinion evidence
a cancellation of a persons punishment; he/she is still considered guilty of the crime , but is forgiven by the crown and released
ordinary pardon
an inmate released into the community of full parole or day parole (certain conditions follow)
parolee
a process in which the crown and the accused (with his/her defence) attempt to make a deal, usually resulting in a lesser charge , thus a lesser penalty
plea negotiation
the rule or concept of looking at the whole; as when and offender has committed several crimes, the sentences should not amount to an overlong prison term
principle of totality
instruments to injure, kill, threaten or intimidate another person that are illegal and may not be kept by anyone (sawed off shotguns or switch blades)
prohibited weapons
relapse into a crime; the return to prison of criminal repeaters
recidivism
the act of making good restoring (returning something stolen to its rightful owner or compensation in another way); a sentencing objective
restitution
An approach the law and crime that emphasizes healing, and forgiveness, involvement; including sentencing, healing, and releasing circles
Restorative justice
Instruments to injure, kill, threaten, or intimidate other person that requires the owner of user to have a permit [semi automatic guns]
Restricted weapons
Responsibility of proving is placed on the defence rather than the crown [in a bail hearing involving a serious criminal charge, the accused, must show, why he, or she should be released from custody.]
Reverse Onus
Theft accomplished, by means of force or fear [assault with intent to steal; stealing, well, armed, with an offence or imitation weapon
Robbery
A legal document issued by a judge authority, using the police to search a specific location at a specific time in for a
Search warrant
Intentional homicide that does not meet the conditions of first-degree murder
Second-degree murder
The active implicating oneself in a crime; behaviour indicating ones guilt
Self incrimination
[The broad term for the three levels of sexual assault, which parallel those for assault] [combining the former fences of rape and indecent assault] first level of sexual assault, which is defined as the first level of assault, but involving sexual conduct
Sexual assault
Intent that goes beyond the act itself as in break, and enter in which the crown must prove the unlawful action of breaking an entering and the specific intent of committing a further indictable offense, such as theft
Specific intent
Minor criminal offences [in contrast to indictable offenses], which are tried immediately without a preliminary hearing or jury
Summary conviction offences
The act of taking another property with intent to deny the owner to use and enjoyment of the good
Theft
To sell, administer, give, transfer, transport, send, or deliver a controlled substance
Traffic
The final, formal decision of a trial [e.g., not guilty]
Verdict
A declaration from a victim, describing the offences effect on his or her life; one consideration for a judge when sentencing
Victim impact statement
A legal document issued by a judge to order the rest of the accused, and naming or describing the accused, as well as listing the alleged offences
Warrant for arrest
A person age 12 to 17 years old who breaks the law
Young offender
