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Law 30 > Unit 2 > Flashcards

Unit 2 Flashcards

1
Q

Disclosure

A

prior to trial, the crown and defense attorneys will meet and disclose (reveal) all evidence

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2
Q

Preliminary Hearing

A

the Provincial court judge decides whether there is enough evidence to proceed with a trial, or if the charges are appropriate.

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3
Q

Plea Bargaining

A

before a trial attorneys may trade a lesser charge/sentence for a guilty plea, thus avoiding a trial

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4
Q

Sequestering of the jury

A

Every juror must stay in the jury room until they reach a verdict.

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5
Q

Alibi

A

a defense that places the accused somewhere else at the time of the crime.

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6
Q

Verbal Assault

A

a threat may be any assault. Ex saying I’m going to beat you and shaking your fist

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7
Q

Common Assault

A

physical contact of a minor nature. ex black eye or bloody nose

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8
Q

Assault Causing Bodily Harm

A

there is physical contact and the victims health is affected more than momentarily. ex stitches that may result in a scar. indictable offence- 10 years.

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9
Q

Aggravated Assault

A

the most serious charge. if a person wounds, disfigures, or endangers the life of the victim that is aggravated assault. indictable offence- 14 years.

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10
Q

Self Defense

A

in Canada you can defend yourself with the least amount of force necessary

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11
Q

Culpable

A

deserving blame

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12
Q

non culpable

A

not deserving blame

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13
Q

Homicide Diagram

A

Homicide
————————————————
Culpable homicide Non Culpable
l l
——————— ——————-
l l accident self d
murder manslaughter
|
——————-
| |
1st degree 2nd degree

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14
Q

Summary Offence

A

lesser crimes, trials are held in provincial court, maximum sentence 6 months in jail or a $2000 fine or both. ex trespassing, causing a disturbance.

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15
Q

Indictable Offence

A

more serious crimes, max sentence life in prison, ex murder, abduction, aggravated assault

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16
Q

Dual Offence

A

can be either summary or indictable. the crown prosecutor will decide whether the crown will proceed as summary or indictable depending on circumstances of the offence. ex assault causing bodily harm, uttering threats, theft under $5000

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17
Q

First Degree Murder

A

murder is planned and intentional. max penalty is mandatory life sentence meaning 25 years before being eligible for parole

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18
Q

Second Degree Murder

A

murder that is not planned but is still intentional. max penalty is mandatory life in prison but must serve 10 years before being eligible for parole.

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19
Q

Manslaughter

A

a death is caused in the heat of the moment or extreme rage caused by sudden provocation. causing the death of a human directly or indirectly by means of an unlawful act. max sentence is 10 years in jail. ex driver who is speeding hits and kills a pedestrian

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20
Q

Capital Punishment

A

the legally authorized killing of someone as punishment for a crime. Canada does not use the death penalty. There have been 710 people hanged in Canada since 1859. The death penalty was replaced with a life sentence in 1976.

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21
Q

Men’s Rea

A

“guilty mind” the mental aspect or planning of a crime

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22
Q

Actus Rea

A

guilty act” the actual committing of the crime

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23
Q

Concurrent Sentence

A

serving multiple sentences at the same time

24
Q

Consecutive Sentence

A

serving multiple sentences one after the other

25
Show Cause Hearing
aka bail. in Canada we are innocent until proven guilty, but when someone is trying to get out on Bail it is reversed. The accused has to provide a plan and reasons as to why they should be released.
26
Gang
a group of people who get together on a regular basis and engage in criminal behaviour. Ex sale of drugs, prostitution, vandalism etc.
27
Who joins a gang
Bad home life: abusive. lack of love, security, or attention from parents. Unstable or broken home The Gang becomes that persons new family Age- usually 13 year old and up can join although some gangs recruit younger that 13 because they will not go to jail (YCJA)
28
Recruiting areas for a gang
Number 1 recruiting area is school Jail/Youth Detention Facilities Both have lots of people in a closed area
29
3 Ways to get into a Gang
1.Blessed In- born in. you automatically get in because of family ties 2.Beat In- gang members, at least 6 or more can use boots, bats, knives etc to beat you into a gang. Very physical form of initiation 3.Criminal Behaviour/Gang Initiation- must prove your worth or ability to commit crimes
30
How to show you are in a gang
Gang Colours Tattoos -Hand Signals -Baggy Clothes Behaviours/attitudes Graffiti- marks territory
31
Pardon
a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction.
32
Jury Selection Process
The names are selected randomly, by computer, from health records. Anyone who is over 18 years of age with a health services number and who lives within that judicial district may be called for jury service.
33
Young Offender
anyone between the ages of 12-17 and commits a crime is dealt with under the YCJA
34
Ages the YCJA covers
The Youth Criminal Justice Act covers ages 12-17, YCJA replaced young offenders act on April 1, 2003
35
Why youth should be treated differently
1. Often lack judgment and maturity 2. Young people are more likely to engage in high risk activities. Ex alcohol, drugs 3. Youth often challenge authority and test limits of authority 4. Youth do not consider long term consequences of their actions
36
Offenders Under the age of 12
Does not fall under the YCJA Social Services will take action: - Remove child from home -Parents of child take parenting classes
37
Alternative Measures Program
The program is a way to avoid trials if the following is true: 1. It's a first time offence 2. The “crime” was a non violent, minor offence 2. The youth must take responsibility for the crime (admit involvement). This is not an admission of guilt.
38
If you qualify for the AMP the following may occur
1. Apologize to the victim 2. Return stolen goods 3. Work for the victim to compensate for damages 4. Drug and alcohol treatment programs 5. Community service hours (most common) Youth who have completed these programs may have all charges against them dropped and no criminal conviction is recorded.
39
Explanation of Rights (youth)
Youth have the same rights as adults, as well as additional rights and protections. Youth often don't know their rights, so those rights must be explained in a clear and understandable way to that youth.
40
Transfers to Adult Court
12-13 year olds can not be transferred to adult court 14-17 year olds who commit a serious violent crime (murder, sexual assault etc.) or any repeat offenders may be transferred to adult court. The Crown must first make application for the transfer and then a transfer hearing will be held where a judge decides to transfer or not.
41
Pre-Sentence Reports
Often when dealing with youth cases a judge will ask to have a pre-sentence report. A youth justice worker writes it and it will outline the youths life - Contains interviews with the youths parents, and victim - School attendance and performance - History of any criminal activity - Any other background information
42
Open Custody
Group homes. There are no bars on the windows or locks on the doors, but if the youth leaves the grounds without permission it is an offence. Here youths get the structure, treatment, and counseling they need.
43
Closed Custody
For more serious, violent offenders. A closed custody youth facility will have cells and bars on the windows, very similar to an adult jail.
44
Stay of proceedings
will stop the trial (like a legal time out) in some cases a stay of proceedings will stop the trial from proceeding at all.
45
Subpoena
a court document that orders a witness to appear in court to testify
46
Warrant
a written court order directing the arrest of a person.
47
Search Warrant
an order which allows the search for particular items that if found are to be seized and used as evidence.
48
Polygraph Evidence
Lie Detectors are inadmissible in court due to a Supreme Court ruling in 1978.
49
Mental Disorders
if the accused is found not guilty due to insanity the verdict will state the accused committed the crime but is not criminally responsible.
50
Conspiracy
an agreement between two or more people to commit a crime
51
Aiding
to help someone commit a crime
52
Abetting
to encourage someone to commit a crime
53
General Intent
to perform an act with no other criminal purpose in mind.
54
Specific Intent
further criminal purpose in mind
55
Motive
the reason for committing a crime

Law 30 (5 decks)

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