Law Chapter 8 Flashcards
What is an accused person formal response to a criminal charge
Can deny they committed the act. Can argue that they lacked the nessacery criminal intent. Can argue valid excuse
What are the different types of automatism
Non-insane , insane automatism
How intoxicating be used as a defense
The accused must prove that he did not have the required intent (men reas)
Is battered women syndrome a valid defense in Canada
Yes it is
Under what circumstances can force be acceptepable in self defense
If you are being attacked
What is mistake of the fact
Valid defense if it prevents the accused from having the necessary men reas required by law the crime committed
What is provocation
Is a wrongful act or insult is so significant in nature that it can deprive a person of the power of self control
What is double jeopardy
Being tried twice for the same offense
What does a strong alibi include
A statement indicating that the accused was not present at the location, an explanation of the accused whereabouts
What will be the verdict if a person is found to have a mental disorder at the time of the offense
Is not criminally responsible
Define automatism
Involuntary action by someone who is in state of impaired consciousness without control over his actions
Define self defense
The legal use of reasonable force in order to defend one self
What defense demonstrates a lack of men’s reas because of an honest error
Mistake of fact
Define provocation
The act of insisting to commit crime in the heat of the moment
How is ingorance of the law not a valid defense
Cannot say you didn’t know the law there for you shouldn’t be charged
How is provocation used in defense
It can be used to change murder to manslaughter
Define abili
A defense that the accused was not at the scene of the crimes when it happened
Under what circumstances would a trial be stopped
If the person is unfit for trial
What is called if the evidence presented disputes the crowns evidence
Contracidtory
What is the decision of the supreme court of Canada regarding battered women syndrome
It’s a legal defense
When can self defense be used as defense
If they have no choice
If an intoxicated person cannot form specific intent what other type of offense could they be charged with
Can be found guilty of assault, a general intent offence
What defense can be used if the person was concicous but did not act voluntarily
Nessacity defense and duress
Define duress
Threat to force someone to something against there will
