Legal Defenses

Question 1

What is self-defense?

Answer 1

The legal use of reasonable force in order to defend yourself and/or your property

Question 2

What is Battered Woman/Person Syndrome?

Answer 2

This defense argues that prolonged spousal abuse could be justification for self-defense, even though the accused was not in imminent danger (built-up fear for one’s life)

Question 3

What is provocation?

Answer 3

A person is provoked by an action or insult which causes them to lose self-control

Question 4

What are the 3 elements that must be proven when using the defense of provocation?

Answer 4

1. A wrongful act or insult occurred
2. This act or insult was sufficient to deprive an ordinary person of the power of self-control
3. The accused responded suddenly, before there was time for passion to cool

Question 5

What is necessity?

Answer 5

The crime was committed amid dire or life-threatening circumstances

**The defense of necessity is not mentioned in the Criminal Code of Canada, and it is recognized in Canada as an excuse, NOT justification

Question 6

What is compulsion/duress?

Answer 6

This defense argues that the accused was forced to commit a criminal act under IMMEDIATE threat of personal injury or death – the person threatening must be PRESENT

Question 7

In which cases does the defense of compulsion/duress NOT apply?

Answer 7

The defense of compulsion/duress does NOT apply if the crime committed caused serious harm to another person (e.g. murder, abduction, assault with a weapon)

Question 8

What is the defense of mental disorder (NCR)?

Answer 8

The defense of Not Criminally Responsible on account of Mental Disorder (NCRMD) argues that the accused suffers from a disease of the mind that had left them unable to form mens rea, thus they should not be held criminally responsible (the guilty mind was not present in the commission of the act)

Question 9

What is the most common sentence/outcome for someone who is found not criminally responsible?

Answer 9

The accused is detained in a mental health facility and is required to receive and comply with treatment

Question 10

What is intoxication?

Answer 10

The accused is rendered incapable of forming mens rea due to alocohol or drug use

Question 11

Differentiate between voluntary/self-induced intoxication and involuntary intoxication.

Answer 11

Voluntary/self-induced intoxication: NOT an acceptable defense for crimes motivated by general intent (e.g. manslaughter, assault)

Involuntary intoxication: the accused had an unexpected reaction to medicine or unknowingly consumed an intoxicant

Question 12

What is automatism?

Answer 12

An involuntary action by a person who is in a state of impaired consciousness, thus they are unable to control their actions

Question 13

Differentiate between insane and non-insane automatism.

Answer 13

Insane automatism: defense of mental disorder (NCR)

Non-insane automatism: caused by a temporary factor that triggered a state of unconsciousness (e.g. head injury, sleepwalking) – mental disorder DID NOT cause automatism

Question 14

What is an alibi?

Answer 14

The defense of an alibi argues that the accused was not at the scene of the crime when it took place, thus they could not have committed the crime

Question 15

What are the 3 elements that an alibi must include in order to be admissible as a defense?

Answer 15

1. A statement by the accused claiming that they were not present at the crime scene when the crime was committed
2. An explanation as to where they were at the time of the crime
3. The names of any witnesses who can attest to the alibi

Question 16

What is entrapment?

Answer 16

A police action that induces a person to commit a crime

Question 17

What is a mistake of law or fact?

Answer 17

The defense shows a lack of mens rea due to an honest mistake

Question 18

What is double jeopardy?

Answer 18

A legal doctrine that an accused person cannot be tried twice for the same offence (holds true whether the accused has been acquitted or convicted)

Question 19

What is legal duty?

Answer 19

The act is committed as part of a person’s legal duty

Question 20

What are the 3 possible foundational arguments in an accused’s defense?

Answer 20

1. Disputing the ACTUS REUS: denying the commission of the act
2. Disputing the MENS REA: arguing that they lacked intent to commit the act (e.g. NCR, automatism, intoxication)
3. Attempting to JUSTIFY the commission of the act (e.g. self-defense, battered person syndrome, necessity, provocation, duress, aboriginal/treaty rights)