Grade 11 Law Unit 3

Double Jeopardy

Double Jeopardy

to be tried twice for the same offence

Entrapment

a police action that encourages or aids a person to commit an offence

Defence

the accused’s response to criminal charges

Duress

forcing someone to do something (like commit a crime) by threatening harm

Ex. R v. Keller

Self-defence

the legal use of force

Ex. R v. Smith, R v. Paice

Not Criminally responsible

when a person who has committed a crime has a disease of the mind that made him or her incapable of appreciating the nature of the act or knowing that the act was wrong

Assault

the term for the three levels of assault (assault

Theft

taking someone’s property without their consent

Manslaughter

killing another person by committing an unlawful act with only general intent

Sexual Assult

the broad term for the three levels of sexual assault (the most serious of which is aggravated sexual assault)

Robbery

theft involving violence

Murder

intentional homicide

Crown Attorney

counsel that represents society in a criminal trial

Sequester

to isolate a jury until members reach a decision

Hung Jury

a jury that cannot reach a unanimous decision

Adversarial system

the type of trial system we have in Canada

Jury Panel

a group of potential jurors being considered for jury duty

Voir Dire

a trial within a trial to decide upon the admissibility of evidence

Perjury

knowingly giving false evidence with intent to mislead

Peremptory Challenge

the challenge of a juror without giving a reason

Challenge for Cause

the challenge of a juror because the juror has particular knowledge about the case

Oath

a promise to tell the truth

Defence Counsel

a lawyer for the accused

Direct Evidence

evidence given by a person who witnessed the event in question

Reasonable and probable grounds

the concrete reasons police must have before searching a person or obtaining a search warrant to look for evidence

Search

to look for evidence related to a charge

Arrest

legally detaining a person and charging him or her with a criminal offence

Appearance notice

a document detailing the offence the accused is charged with and the court date the accused must attend

Citizens Arrest

an arrest made by a regular citizen after he or she witnessed a criminal act or believed that a suspect had just committed one

Detained

to be kept in custody or temporarily confined

Disclosure

the process of providing the defence with the evidence in possession and control of the Crown

Search Warrant

a document giving police the right to search a person’s home

Plea Negotiation

the process of encouraging an accused to plead guilty to a lesser charge in hope of receiving a lighter sentence

Custody

to deprive a person of his or her liberty in order to lay a charge

Arrest Warrant

a formal document naming the accused

Accused

the person charged with a criminal offence

preliminary hearing

a court procedure to determine if the Crown has enough evidence to take the case to trial

indictable offense

a serious crime that carries more severe penalties; tried in a provincial supreme court

decriminalizing

when an act or behaviour is no longer in the Criminal Code or illegal in any way Criminal Code

actus reus

Latin phrase meaning “a wrongful action”

Criminalizing

when the federal government adds an act or behaviour to the Criminal Code

summary conviction offence

a minor criminal offence that is tried in a provincial court

Mens Rea

Latin phrase meaning “a guilty mind”

Arraign

the criminal charges are read to the accused in court who enters a plea of guilty or not guilty

Criminal offence

an offence that is listed in the Criminal Code

Prosecute

in criminal law, in criminal law, when a person is brought to trial by the Crown attorney

Hybrid

An offence that the Crown can prosecute as either an indictable or summary offence

Legalizing

An act or behaviour that is no longer considered to be a crime

Alibi

The accused was not at the scene of the crime when it took place

Ex. R v. Maracle

Insane Automatism

Involuntary action that resulted from a disease of the mind

Ex. Winko v. British Columbia.

Non-Insane Automatism

The defence committed the crime without being insane or suffering from disorders

Ex. R v Luedecke

Intoxication

decision-making, mental clarity-- behaviour impacted due to consumption of substances

Ex. R. V Daviault

Battered Woman Syndrome

a psychological condition caused by severe domestic violence

Ex. R. v. Lavallee

Provocation

the act of inciting to commit a crime in the heat of passion

Ex. R. v. Humaid

Level 1 Assault

intentional force without consent/ attempting/ threatening

-Max penalty 5 years

Level 2 Assault

Causes bodily harm, usually involves weapon

-Max penalty 10 years

Level 3 Assault

Aggravated assault, grotesque beating/ maiming

-Max penalty 14 years

Level 1 Sexual Assault

Sexual conduct, little to no injuries

-Max penalty 10 years

Level 2 Sexual Assault

Sexual assault with weapon, involves injuries

-Max penalty 14 years

Level 3 Sexual Assault

Aggravated sexual assault, rape

-Max penalty life sentence

Malpass and Devine

the participants who were led to believe that the perpetrator was present felt compelled to pick someone, and more often than not, they chose an innocent person

Duress

threat or coercion to force someone to do something against his or her will

Necessity

an excuse for a criminal act committed due to immediate and urgent circumstances

Ex. R v. Ungar

Abduction

forcibly removed from their custodial parent

- Max penalty 14 years

Mistake of fact

a defence that shows a lack of mens rea due to an honest mistake

Ignorance of fact

Lack of knowledge of some person, circumstance, or event that, if it had been known, would have prevented a person from doing or saying what he or she did

Carter Defence

reasonable doubt that the breathalyzer was not accurate and the person's BAC could have been below the legal limit at the time of driving

Ex. R v. Gibson