Law Flashcards
6 goals of Canadian Sentencing
Deter Denounce Seperate/protect Rehab Reparations Responsibility
Mental disorder
Accused must have a mental disorder at the time of the crime.
- incapable of understanding consequences
- incapable or knowing the act was wrong
Absolute discharge
No criminal record nothing happens
Automatism
A person acts without being aware of their actions
- insane- menaral disorder
- non-insane-caused my external factors
Intoxication
Being overpowered by drugs or alcohol to the point of losing self-control
Cannot ne used if they interferes with bodily integrity
Self defense
Use of reasonable force against an attack
Battered woman syndrome
Ongoing violence, terrorized victim, etc
Necessity
No other reasonable alternative
- act down to avoid worse
- no other option
- harm inflicted must be less than avoided
Compulsion or duress
Forced by the threat of violence to commit a criminal act against their will
Provocation
Words or actions insulting enough to cause an ordinary person to lose control
- a wrongful act occurred
- was suffoecne tri deprive and ordinary person of control
- repsonse was sudden
Double jeopardy
Cannot be charged or tried for the same crime twice
Entrapment
Defence against police to conduct that illegally indices the defendant to commit a criminal act
Induce-a cop forces someone to do soemthing
Classical theory
Act of free will
Understand consequences
Sol: tough on crime
Biological theory
Determined by genetics
Sol: sterilization of criminals
Psycho-biological theory
Genetic makeup and predisposed
-medicine and excericse
