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Law 30 > Unit 2 > Flashcards

Unit 2 Flashcards

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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
Q

Show Cause Hearing

A

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
Q

Gang

A

a group of people who get together on a regular basis and engage in criminal behaviour. Ex sale of drugs, prostitution, vandalism etc.

27
Q

Who joins a gang

A

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
Q

Recruiting areas for a gang

A

Number 1 recruiting area is school

Jail/Youth Detention Facilities
Both have lots of people in a closed area

29
Q

3 Ways to get into a Gang

A

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
Q

How to show you are in a gang

A

Gang Colours
Tattoos
-Hand Signals
-Baggy Clothes
Behaviours/attitudes
Graffiti- marks territory

31
Q

Pardon

A

a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction.

32
Q

Jury Selection Process

A

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
Q

Young Offender

A

anyone between the ages of 12-17 and commits a crime is dealt with under the YCJA

34
Q

Ages the YCJA covers

A

The Youth Criminal Justice Act covers ages 12-17, YCJA replaced young offenders act on April 1, 2003

35
Q

Why youth should be treated differently

A
  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
Q

Offenders Under the age of 12

A

Does not fall under the YCJA

Social Services will take action:
- Remove child from home
-Parents of child take parenting classes

37
Q

Alternative Measures Program

A

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
Q

If you qualify for the AMP the following may occur

A
  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
Q

Explanation of Rights (youth)

A

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
Q

Transfers to Adult Court

A

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
Q

Pre-Sentence Reports

A

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
Q

Open Custody

A

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
Q

Closed Custody

A

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
Q

Stay of proceedings

A

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
Q

Subpoena

A

a court document that orders a witness to appear in court to testify

46
Q

Warrant

A

a written court order directing the arrest of a person.

47
Q

Search Warrant

A

an order which allows the search for particular items that if found are to be seized and used as evidence.

48
Q

Polygraph Evidence

A

Lie Detectors are inadmissible in court due to a Supreme Court ruling in 1978.

49
Q

Mental Disorders

A

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
Q

Conspiracy

A

an agreement between two or more people to commit a crime

51
Q

Aiding

A

to help someone commit a crime

52
Q

Abetting

A

to encourage someone to commit a crime

53
Q

General Intent

A

to perform an act with no other criminal purpose in mind.

54
Q

Specific Intent

A

further criminal purpose in mind

55
Q

Motive

A

the reason for committing a crime

Law 30 (5 decks)

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