UNIT 4 Flashcards
LAW
The age of criminal responsibility begins at:
12
The Youth Criminal Justice Act only applies to young persons accused of contravening:
The Criminal Code
Punishments to discourage criminals from re-offending is called:
specific deterrence
Custodial sentences are served in a federal penitentiary:
2 year
A reversal of findings by the court so a person found guilty may be deemed not to have been concived of the offence:
Absolute discharge
A person cannot be placed on probation as a part of a suspended sentence for more than:
3 years
Prior to the Youth Criminal Justice Act existed:
The Juvenile Delinquents Act and the Young offenders Act
The main purpose of the Youth Criminal Justice Act is:
Protection of society
The following may have access to a youth’s criminal record:
The youth
Annulment:
An agreement between two spouses that the marriage never existed
Bigamy
When one spouse is married to two people at the same time
Thinskull rule
That the defendant is responsible for all damages even if there were any pre existing conditions that would make the plaintiff more prone to injury
Aggravating factors
Circumstances that increase the security of a sentencing suggesting that the rehabilitation is unlikely and a strong deterrent is necessary
Mitigating factors
Circumstances that decrease the security of a sentence, suggesting rehabilitation will work they do not pose a threat to society, and there is no need for a strong detterent
Contributory negligence
When the plaintiff had caused an action to contribute to the defendant’s act which caused the the plaintiff’s injuries.
Sentencing
A punishment imposed by a judge on a person who has committed a crime
Assault and battery
Battery is an intentional, unauthorized action towards a person such as hitting. Assault is a conduct of unwanted harrasment between a defendant and a plaintiff
Slander
A statement that can be said publicly or to a person could ruin a person’s reputation, income, job, etc.
Intentional tort:
When someone intentionally injures a person or interferes with a person’s property, where damages were caused. Examples are Assault, battery, trespass.
Unintentional Tort
Injuries caused by an accident or an action that was not intended to cause harm.
Intentional Tort:
When someone intentionally injures a person or interferes with a person’s property, where damages were caused. Examples are Assault, battery, trespass.
Malicious prosecution
wrongful prosecution of a person without reasonable and probable cause
Reasonable person
An ordinary person of normal intelligence
Fair comment
A defense to defamation that comments were honest and made without malice.
duty of care
The obligation to foresee and avoid careless actions that might cause harm to others.
Standard of care
The degree of caution or level of conduct expected of a reasonable person.
Deterrence
A punishment to try and help criminals from re - offending to the best of their ability
Rehabilitation
Mixture of punishment and treatment, so that the offender can function in society, but still pay for their crime.
Restitution
This is a punishment which makes offenders pay back society for losses or harm it suffered due to their crimes.
Denunciation
This punishment is designed to send a message that the offender violates society’s basic code of values and will suffer the consequences.
petitioner
The person who is seeking the divorce.
respondent
The person being sued for the divorce
fines
Are used for less serious crimes. Summary convictions cannot be charged more than $200 or 6 months in prison and for indictable offenses, offenders can serve up to 2 years in prison.
Probation
Is for cases where the accused has the opportunity to serve their sentence in the community with a probation officer. Probation can be up to 3 years, and as a part of a suspended sentence.
Incarceration
Is used for the safety of the public when the accused poses a threat to society
suspended sentence
Is a withheld privilege for a specified period of time, and is used when a less strong deterrent is needed
Absolute discharge or condtional discharge
Is when the court finds a reversal in the court charges so the convicted won’t be deemed of the offence.
Absolute: Released after a year
Conditional: Released after 3 years if certain conditions are met.
false imprisonment
occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person’s permission.
Actual physical restraint is not necessary for false imprisonment to occur.
