terms Flashcards
trial by combat
1066 accused and accuser would fight to determine guilt and innocence, The rich guy could hire someone to fight for them. Therefore lot’s of innocent people were killed. Adversarial system, expensive lawyers vs poor guy representing himself
jury of peers
tried by a jury of “fellow peer’s rather than by a judge
precedent
applying a previous decision to a case that has similar circumstances
habeas corpus
a court order designed to prevent unlawful arrest by ensuring that anyone detained is charge before a court within a reasonable amount of time. You need evidence to arrest, if the evidence is not there within a certain amount of time the person can walk.
rule of law
individuals must recognize & accept that the law is necessary to regulate society. The law applies equally to everyone, including people in power.
jurisdiction
the political or legal authority to pass and enforce laws, or the judicial authority to decide a case
scandenavian model
going after ‘Johns’ (clients) and ‘pimps’ (traffickers) NOT prostitutes. The prostitutes are seen as the victims because human trafficking isn’t simple prostitution. It is coerced and the avails are not gained by the prostitute
class action suit
legal action filed by a group of people represented by one person (or a small group)
state of being
affiliated with a criminal act or being in possession of say a weapon or something of the like
indictable
rendering the person who commits it liable to be charged with a serious crime that warrants a trial by jury - preliminary hearing necessary
capital punishment
death as punishment for crime; “death sentence”
conspiracy
an agreement between two or more people to carry out an illegal act, even if that act does not actually occur - planning
calpable
criminally responsible (eg: manslaughter, infanticide, 1st degree or 2nd degree)
equalization
section 36 pf the Constituition act which provides for equal access to essential services for all Canadians. - Have and Have not provinces - to make things equal between provinces that can and cannot afford things such as public health care etc - this is where our taxes go
Infanticide
natural mother with child under 12 months suffering from post partum, and therefore kills her baby