Studied by 43 Peoplemens rea
Tags & Description
mens rea
guilty mind, doing something that you know is wrong
actus reus
guilty act, a physical action involved in the commitment of a crime, must be voluntary not forced
perpetrator
a person who actually commits the crime, if more than one person commits the crime they are called co-perpetrators
aiding
someone who helps the perpetrator commit a crime
abetting
encouraging the perpetrator of a crime without providing physical assistance
counselling
advising, recommending, or persuading another person to commit a crime
accessory after the fact
if a person knew someone was involved in a crime and received, comforted or assisted that person in escaping from the police
party to common intention
if two or more people set out to commit a crime but commit several others in the process, all criminals will be charged with all crimes committed
two principles in the courtroom
the accused is innocent until proven guilty and the guilt must be proved beyond a reasonable doubt
court clerk
helps the judge record the trial exhibits, administers oaths, announces the beginning or the end of a court session
court reporter
records everything everyone has said during the trial which will later be turned into a transcript once the court case is over
court security officer
handles the accused in custody and maintains security in the courtroom
sheriff
manages the jury
bailiff
assists the sheriff
witness
a person who gives evidence while under oath concerning their knowledge surrounding a crime
subpoena
a court order that requires the witness to appear in court on a certain date to give evidence
perjury
if a witness knowingly makes a false statement in court while under oath
cross-examination
defence will test the truth of the witness or to show the jury that there are holes in the witness’s testimony which will weaken the Crown’s case
hung jury
if the jury cannot reach a unanimous decision, the jury is dismissed and a new jury is selected to try the case again
leading question
suggests a particular answer to take a witness
physical evidence
found at the scene of a crime that directly links the accused to the crime. Includes blood, fingerprints or videotape that cannot be disputed
direct evidence
a testimony given by a witness to prove an alleged fact, an eyewitness account
centre
an area where the crime was actually committed
perimeter
surrounding areas where the offender may have been or left evidence
latent fingerprints
made from natural oils and sweat from the body and cannot be seen by the naked eye
class characteristics
the general attributes of an object such as size, make model, type, and style
individual characteristics
specific and unique qualities of an object
surety
a person who agrees to make a payment if someone does not appear at trial
duty counsel
a lawyer that provides free legal aid
police log
where all the investigators at the scene of a crime record everything they witnessed or information they learned
impressions
patterns or marks found on various surfaces caused by different objects
chain of custody
the witnessed written record of all the people who had control over the items of evidence, must show; who had contact, date and time handled, and what changes were made if any