CRIM 103 - Ch.6 - Criminal Law

rule of law

foundational principal that the law is supreme over any individual or body of government

Common Law

an approach to law that is based on tradition, where judges follow decisions or precedents made by other courts

Stare decisis

a legal principal whereby courts are bound by their prior decisions and the decisions of higher courts

precedent

the practice of judges basing decisions about current cases on outcomes of prior judgements

burden of proof

there must be proof beyond a reasonable doubt to convict an individual of an offence

substantive law

consists of written rules that define crimes and punishments, and the rights and obligations of citizens and criminal justice personnel

procedural law

focuses on the rules that determine the enforcement of rights or due process - court procedures?

fundamental justice

a principal of the canadian justice system that states people who acted reasonably may not be punished unless there is proof that they did something wrong

Actus Reus

the criminal action or conduct of a person committing an offence

Mens Rea

the state of mind of a person committing a criminal act

intent

the criminal intention of Mens Rea

Negligence

an act showing disregard for the wellbeing of others

reckless behaviours

occur when people act in a manner they know is dangerous or risky

wilful blindness

occurs when an accused is aware that a crime was likely being committed but chose to ignore the facts

Alibi Defence

accused claims they were elsewhere at the time or scene of the crime

Consent

defence most often used by defendants accused of assault, where they contend that the victim was a willing party in the offence

Duress

defence where the accused claims that their actions were not voluntary but that they acted in response in being threatened by another person

Entrapment

Police or government persuade or lure an individual to commit an offence that they wouldn’t have committed otherwise

Necessity

defence claiming that an illegal act was committed in order to prevent a more serious harm

Provocation

defence based on an accused claiming that they were provoked into committing a crime - only used to argue that an act of murder be reduced to manslaughter

Self-defence

defence arguing that the harm that was inflicted on another individual was carried out to ensure the defendant’s safety or the safety of others

Age defence

considers immaturity and recognizes that youth under 12 cannot be held criminally responsible; sanctions might also be mitigated for young defendants

Automatism

an involuntary act where an individual is in a state of impaired consciousness and lacks the intent to commit a crime

Mental Disorder

excuse defence based on the argument that people suffering from serious mental disorders are incapable of forming mens rea to be held fully accountable

Mistake of law

person claims they did not realize they committed an illegal act

Mistake of fact

person is aware of the law but honestly believed that the act they committed did not break it.