Intro Flashcards
What is criminal law?
A category of public law that punishes behaviour that result in injury to people or property
Presumption of innocence
They accused his presumed innocent until proven guilty
Burden of proof
It is crown council’s responsibility to prove that the accused is guilty
Types of crimes(three types)
Summary, indictable, hybrid
What is a summary offence?
- Least serious offence
- punishable by no more than two years lost a day in prison or fine
- Person is entitled to a jury trial
What is an indictable offense?
- Most serious offence
- punishable by up to life, imprisonment and larger fines
- Person is entitled to choose their mode trial (judge or jury trial)
What is a hybrid offense?
- Most offences fall under this category
- crown may choose to proceed by either indictment or summary conviction
- crown considers factors such as seriousness of act, accused, prior criminal record, complexity of case.
Preliminary hearing
A hearing help before a trial in which the judge examines the case to see if there’s enough evidence to proceed with a trial
What is Hung jury
Hung jury is declared when the jury cannot reach a unanimous verdict. The accused will be found not guilty and prosecution. May try for a re-trial.
What does it mean to be acquitted?
Acquitted occurs when accused his found not guilty and all charges are dropped. Accused may never be able to be charged with the same offense.
Types of sentence
-a fine
- Restitution
- probation
- Community service
- Imprisonment
Two essential parts of a crime
- Actus Reus
- Mens Rea
What is actus Reus
Guilty act
What is mens rea?
Guilty mind
Plea bargain
Agreement for a user to plead guilty in return for their benefit ( lesser sentence)
