Quiz Part 8 Flashcards
What is the purpose of an alibi?
An alibi is used to prove that the accused was not present at the scene of the crime when it occurred. If successfully presented, an alibi can completely clear a person of criminal charges.
What is the right to present a defence under the Rule of Law?
Under the Rule of Law, every accused person has the right to defend themselves against criminal charges. This ensures a fair trial where the accused can cross-examine witnesses, challenge evidence, and present their version of events to prevent wrongful convictions.
Can some defences lead to a full acquittal?
Yes, certain defences, such as an alibi or self-defence (if proven), can lead to a full acquittal, meaning the accused is found not guilty.
Why use a defence instead of pleading guilty?
The accused may believe they are innocent or that the charges are exaggerated.
A defence lawyer may find flaws in the prosecution’s case that could reduce or dismiss charges.
What is the role of expert witnesses in various defences?
Expert witnesses provide professional opinions in cases involving Non-Insane and Insane Automatism, mental health defences, and Battered Women/Child Syndrome. They can offer medical or psychological evidence that influences the jury’s understanding of the accused’s state of mind.
What is the key issue in self-defence?
The defence must prove that the accused used reasonable force in response to an immediate threat to themselves or others.
What is the defence of mental illness?
If an accused successfully proves they were suffering from a severe mental illness at the time of the crime, they may be found not criminally responsible (NCR). This means they lacked the ability to form the intent (mens rea) to commit the crime.
What are the requirements for a duress defence?
The accused must prove they were forced to commit the crime under immediate threat of harm or death.
There must be a credible/reasonable threat
What are Mr. Big operations and entrapment?
Since 2014, Canadian courts have ruled that police cannot conduct “Mr. Big” operations because they can coerce false confessions. However, voluntary confessions made to police can be used in court. Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. Cases: Sebastian Burns & Atif Rafay, Andy Rose, Jason Dix.
What is the intoxication defence?
A defence lawyer may argue that intoxication prevented the accused from forming the intent needed for a specific intent crime. This can lower the charge to a general intent offence. However, this defence is controversial because it raises concerns about accountability for criminal actions.
What is the defence of necessity?
Necessity can be used when a person commits an illegal act to avoid greater harm, such as breaking into a cabin to escape extreme weather.
What is double jeopardy?
A person cannot be tried twice for the same offence if they have already been acquitted or convicted.
What is the provocation defence?
Provocation can reduce a murder charge to manslaughter if the accused acted in the heat of the moment after being provoked.
What is the role of defence lawyers in cross-examination?
Defence lawyers challenge the Crown’s witnesses, test the prosecution’s case, and examine whether police procedures violated the accused’s legal rights.
