finals

Question 1

What is accommodation

Answer 1

Accommodation requires that employer, eliminate or adapt, an existing requirement in order for a person to carry out the essential aspect of the activity or job 

Question 2

Socialization theory

Answer 2

Suggests that the key influences leading to criminal behaviour are found in upbringing, peer groups and role models

Question 3

Positivism

Answer 3

Focusses on, biological and psychological factors, rather than the legal system to explain criminal behaviour

Question 4

Quasi-criminal offences

Answer 4

These offences may result in substantial penalties, but they are not crimes.

Question 5

Social conflict theory

Answer 5

Influenced by Marxist economic views that the root cause of crime is in the unfair economic structures of capitalism

Question 6

General intent offences

Answer 6

it must be shown that the accused meant to commit the crime.

Question 7

Specific intent offences

Answer 7

Involves intent in addition to the general intent to commit the crime. intent, refers to the state of mind, with which an act is done or not done

Question 8

Absolute liability

Answer 8

This offences allow for no defence, the accused will be convicted based on the actus reus of the offense.

Question 9

Strict liability

Answer 9

the accused will be convicted unless they can demonstrate they acted with due diligence. That is they acted as any reasonable person would under the circumstances.

Question 10

Retributive Justice

Answer 10

Justice for some, an eye for an eye, meaning that the punishment should fit the crime

Question 11

Due process

Answer 11

Judicial procedures that r conducted properly

Question 12

Exigent circumstances

Answer 12

Situation that allow for a search and/or a seizure without a warrant if there is a danger that the evidence will be lost, removed or destroyed.

Question 13

Summary conviction offences

Answer 13

A criminal offence that is minor in nature and carries consequences, much less severe than an injectable offence

Question 14

Promise to appear

Answer 14

An agreement, the accusing assign guaranteeing his or her appearance in court at a later date

Question 15

Surety

Answer 15

An individual who who agrees to pay an amount of money, if the accused do not show up in court.

Question 16

Undertaking

Answer 16

An agreement with specific conditions attached such as remaining within the jurisdiction, or abstaining from drugs or alcohol.

Question 17

Disclosure

Answer 17

Involves the crown, providing the defense, with all relevant information to make a full answer and defence to a charge, it could prejudice the case, in the most serious of consequences result in the wrongful conviction of the accused.

Question 18

Charge the jury

Answer 18

meaning the judge instructs the jury on the law, and how it applies to the facts presented in the case the judge’s words must be chosen very carefully to ensure that no errors are made.

Question 19

Direct evidence

Answer 19

Witness testimony, in which the witness stand in order to provide evidence to a fact in question

Question 20

Physical evidence

Answer 20

It may include samples of bodily fluids such as blood and saliva, and it could also include hair and fiber, samples, fingerprint, evidence, and weapons found in the scene, so guns or knives

Question 21

Circumstantial evidence

Answer 21

Indirect evidence that links the accused of a crime, for example a wallet found at a crime scene belonging to the accused.

Question 22

Voir dire

Answer 22

Where a jury is removed from the courtroom, while the lawyers argue over the validity of the evidence

Question 23

Hearsay evidence

Answer 23

Evidence given by a witness on the stand that relates to something another person heard or saw

Question 24

Self-defence

Answer 24

I justification for an alleged criminal act, where an accused had the necessary mens rea, and was supposedly defending himself or herself, property or others

Question 25

Mens rea

Answer 25

The Latin word meaning, guilty mind that refers to the mental element of a crime which may be shown by intent, knowledge, recklessness or wilful blindness

Question 26

Provocation.

Answer 26

A partial defence that reduces the crime of murder to manslaughter providing the accused, can show that he, or she was provoked into killing the victim. This concern section 232 of the criminal code.

Question 27

Entrapment

Answer 27

A defence arguing that an accused was influenced by government agent for example a police officer into committing a crime he or she would not otherwise have committed.

Question 28

Duress

Answer 28

The defence of duress makes the argument that an accused was forced to commit a criminal act under threat of personal injury or death. This concern section 17 of the criminal code.

Question 29

Extradition

Answer 29

The legal surrender by one jurisdiction of a person to another jurisdiction to face criminal prosecution.

The legal surrender are delivery or fugitive to the jurisdiction of another state, country or government to face trial from Latin with asked, meaning out and judicial meaning heading over