Unit 3 Overview

Question 1

Mistake Of Fact

Answer 1

An erroneous belief that if true would make the act lawful. e.g. Believing jewelry was fake.

Question 2

NCR

Answer 2

Not Criminally Responsible. A defense where mental disorder caused lack of understanding one’s actions were wrong.

Question 3

Burden of proof

Answer 3

Legal obligation to prove guilt or innocence. Rests with prosecution to prove guilt beyond reasonable doubt.

Question 4

Automatism

Answer 4

Actions done in a state of unconsciousness or involuntarily. e.g. sleepwalking.

Question 5

Intoxication

Answer 5

A defense if intoxicated state caused lack of intent or capacity. But not a defense for many planned crimes.

Question 6

Self-Defence

Answer 6

Using force to protect oneself from harm if response is reasonable in the circumstances.

Question 7

Compulsion

Answer 7

Actions committed under duress or threat of harm to oneself or others. e.g. coerced into stealing.

Question 8

Duress

Answer 8

Threat of harm that caused reasonable fear, eliminating culpability for actions done under duress.

Question 9

Alibi

Answer 9

Evidence proving one’s location elsewhere at time of crime, making guilt impossible.

Question 10

Legal Duty

Answer 10

Obligation recognized by law requiring conformance to a standard of conduct. e.g. duty to rescue.

Question 11

Entrapment

Answer 11

Improper inducement to commit a crime by law enforcement for the purpose of prosecution.

Question 12

Double Jeopardy

Answer 12

Prohibition against multiple prosecutions for the same crimes.

Question 13

Necessity

Answer 13

Illegal act was unintended and the only way to avoid greater harm. e.g. breaking into an empty cottage during a storm.

Question 14

Plea Bargain

Answer 14

Agreement where defendant pleads guilty to lesser charges to avoid a trial.

Question 15

Sentencing

Answer 15

Punishment determined by a judge in court based on factors like severity of crime and background.

Question 16

Pre-sentencing report

Answer 16

A document prepared by probation that considers the defendant’s background and recommends an appropriate sentence.

Question 17

Aggravating factors

Answer 17

Things like prior convictions, lack of remorse, severity of crime that may result in harsher sentence.

Question 18

Mitigating factors

Answer 18

Things like mental health issues, young age, potential for rehabilitation that may result in more lenient sentence.

Question 19

Victim impact statement

Answer 19

Allowed at sentencing for victims to describe crime’s emotional/financial impact for the judge’s consideration.

Question 20

Discharge

Answer 20

Release from further obligations with no criminal record, usually for minor offences.

Question 21

Probation

Answer 21

Supervised release in community with conditions like curfew, reporting, counseling rather than incarceration.

Question 22

Intermittent sentences

Answer 22

Jail time served on weekends or other intervals to allow work but still face consequences.

Question 23

Conditional sentences

Answer 23

Served in community with conditions but jail if violated, a hybrid of probation and incarceration.

Question 24

Incarceration

Answer 24

Imprisonment as punishment by depriving liberty, may be in prison or jail depending on sentence length.

Question 25

State sovereignty

Answer 25

Principle that states have supreme authority over their territory under international law.

Question 26

Legal equality

Answer 26

Principle that all states have same rights and duties under international law regardless of power.

Question 27

Pacta sunt servanda

Answer 27

“agreements must be kept”, a core principle of international law that countries must comply with treaties.

Question 28

International law

Answer 28

Law between sovereign states established by treaty/custom, as opposed to domestic law within state borders.

Question 29

Domestic law

Answer 29

Laws created and enforced within individual countries like constitutions, statutes, common law.

Question 30

UNDHR

Answer 30

Universal Declaration of Human Rights, establishes fundamental civil/political rights for all people.

Question 31

League of Nations

Answer 31

An intergovernmental organization founded in 1920 that aimed to maintain world peace after World War 1. It was the first international organization of its kind. It ceased operations after failure to prevent World War 2.

Question 32

United Nations

Answer 32

An intergovernmental organization created in 1945 to promote international cooperation and prevent conflict. It replaced the League of Nations. Key UN organs include the General Assembly, Security Council, Secretariat, Economic Council, and Social Council.

Question 33

General Assembly

Answer 33

The main deliberative, policymaking, and representative organ of the UN comprising all UN member states. Each member state has one vote. Issues like war and peace are discussed here.

Question 34

Security Council

Answer 34

One of the 6 principal organs of the UN charged with maintaining international peace and security. Has 15 members - 5 permanent (US, UK, France, Russia, China) and 10 non-permanent. Can authorize military action, sanctions, peacekeeping.

Question 35

Secretariat

Answer 35

Provides studies, information, and facilities needed for UN organs to function. Implements UNGA and SC decisions. Led by the Secretary-General (currently Antonio Guterres).

Question 36

Economic Council

Answer 36

Coordinates economic and social operations of the UN and specialized agencies. Focus on economic growth, full employment, economic development.

Question 37

Social Council

Answer 37

Primary organ in charge of promoting higher living standards, full employment, economic and social progress. Works via commissions on various issues.

Question 38

Trusteeship Council

Answer 38

Organ that oversaw the 11 UN trust territories as they progressed towards self-governance and independence. Inactive since 1994 as all territories achieved independence.

Question 39

ICJ (International Court of Justice)

Answer 39

The principal judicial organ of the UN that settles legal disputes between states and gives advisory opinions on legal issues. Seated at The Hague. Often called the World Court.

Question 40

Civil Court

Answer 40

Court that hears private law disputes between individuals, families, organizations and corporations. Deals with issues like contracts, property, torts, family law.

Question 41

Criminal Court

Answer 41

Court that hears criminal cases and prosecutes individuals accused of crimes. Criminal law involves acts committed against the public or state like murder, theft, assault.

Question 42

ICC

Answer 42

International Criminal Court established in 2002 to prosecute individuals for genocide, crimes against humanity, war crimes. Sits at The Hague, Operates complementarity with national courts.

Question 43

Rome Statute

Answer 43

The treaty that established the ICC in 1998. Defines ICC crimes and outlines institutional structure and legal procedures like investigations , trials, appeals. Currently ratified by 123 countries.

Question 44

Genocide

Answer 44

Genocide refers to the intentional and systematic destruction of a particular racial, ethnic, religious, or national group. It involves acts such as mass killings, forced displacement, torture, and other forms of violence aimed at eradicating the targeted group. Examples of genocide include the Holocaust during World War II, the Rwandan genocide in 1994, and the Bosnian genocide in the 1990s.

Question 45

Torture

Answer 45

Torture involves the deliberate infliction of severe physical or psychological pain or suffering upon an individual, often for the purpose of obtaining information, punishment, or coercion. It is considered a violation of human rights and is prohibited by various international conventions and treaties. Examples of torture include methods such as beatings, electric shocks, sexual abuse, and sensory deprivation.

Question 46

Waterboarding

Answer 46

Waterboarding is a controversial interrogation technique that simulates drowning or suffocation. It involves restraining a person and pouring water over their face or covering it with a cloth to create a sensation of drowning. Waterboarding is widely condemned as a form of torture and is considered illegal under international law.

Question 47

Extraordinary rendition

Answer 47

Extraordinary rendition refers to the practice of transferring individuals suspected of involvement in terrorism from one country to another without legal process or extradition. It often involves the transfer of individuals to countries known for their use of torture or inhumane treatment. Extraordinary rendition has been criticized for violating due process and human rights standards.

Question 48

Homolka, Bernardo

Answer 48

Homolka and Bernardo refer to the case of Canadian criminals Karla Homolka and Paul Bernardo. They were involved in a high-profile case in the 1990s known as the “Ken and Barbie Killers.” The couple committed a series of abductions, sexual assaults, and murders, including the rape and murder of Homolka’s sister. The case raised significant legal and ethical questions surrounding their plea bargains and the justice system’s handling of the case.

Question 49

Khadr

Answer 49

Khadr refers to Omar Khadr, a Canadian citizen who was held as a detainee at the United States’ Guantanamo Bay detention camp. Khadr was captured in Afghanistan at the age of 15 and was accused of killing a U.S. soldier during a firefight. The case raised legal and human rights concerns regarding the treatment of child soldiers and the use of military commissions for prosecuting terrorism-related offenses.

Question 50

Sentencing case studies

Answer 50

Sentencing case studies involve the examination and analysis of specific legal cases to understand the factors considered in determining the appropriate punishment for a convicted individual. These studies often focus on factors such as the nature of the crime, the defendant’s background, the impact on victims, and the principles of deterrence, rehabilitation, and retribution.

Question 51

HR fact sheet

Answer 51

An HR (Human Resources) fact sheet provides concise and factual information on various human resources-related topics. It may cover policies, procedures, guidelines, or legal requirements pertaining to employment, workplace conduct, benefits, or other HR matters.

Question 52

Guantanamo Bay

Answer 52

Guantanamo Bay is a U.S. military prison located in Cuba. It gained significant attention following the September 11, 2001 attacks when the U.S. government detained suspected terrorists and enemy combatants without trial, often for prolonged periods. The detention camp has been criticized for human rights abuses, including torture and indefinite detention without due process.

Question 53

Abu Ghraib

Answer 53

Abu Ghraib refers to a prison in Iraq that gained international attention due to the abuse and torture of detainees by U.S. military personnel during the Iraq War. The revelations of the mistreatment, including physical and sexual abuse, humiliation, and torture, sparked outrage and raised questions about the treatment of prisoners and the adherence to international human rights standards.

Question 54

Eichmann

Answer 54

Adolf Eichmann was a major organiser of the Holocaust. He was captured in Argentina by Mossad in 1960 and tried in Israel for crimes against humanity and war crimes. This set an important precedent for trying those accused of international crimes.

Question 55

Russel Williams

Answer 55

Russell Williams is a former Canadian military colonel who was convicted of multiple sexual assaults, murders, and other crimes. He gained notoriety as a serial killer and home invader. The case raised significant public interest and scrutiny surrounding the investigation, legal proceedings, and the impact on the victims and their families.