Criminal Law Concepts

This set of flashcards includes important vocabulary and concepts related to criminal law, aiding in the understanding and memorization of key terms needed for examination.

actus reus

The physical act of a crime, such as physically taking someone’s wallet in theft.

mens rea

The guilty mind or intention behind committing a crime.

codified

Something that has been written down and organized into formal laws or statutes.

arraignment

The first court appearance where the accused is informed of charges and asked to enter a plea.

negligent

Failing to use reasonable care, resulting in harm that could have been prevented.

wilful blindness

Deliberately avoiding knowledge of a wrongdoing to deny knowledge of it.

recklessness

Knowing there is a risk that your actions could cause harm but choosing to act anyway.

automatism

A state of acting without conscious control over actions, such as sleepwalking.

aid

To help or assist someone in committing a crime.

abetted

Helped, encouraged, or supported someone in committing a crime.

accessory after the fact

Helping someone after a crime has been committed.

punishment provision

The section in criminal law that states penalties for committing an offense.

stare decisis

The doctrine that courts must follow legal precedents set by higher courts.

statute law

Laws written and passed by Parliament or legislatures.

common law

Judge-made law created through court decisions and legal precedents.

provincial statute

A law governing matters specific to a province, such as the Highway Traffic Act.

federal statute

A law that applies across the entire country, such as the Criminal Code of Canada.

motive

The reason someone decides to commit a crime.

bail hearing

A court proceeding to determine if an accused can be released before trial.

offence of omission

Criminal charges resulting from failing to act when required, such as neglect.

Provincial/Territorial Courts

Courts that handle the majority of criminal cases and less serious offences.

Superior Courts

Courts that handle more serious criminal cases and civil cases.

Courts of Appeal

Hear appeals from lower courts, reviewing decisions for legal errors.

Supreme Court of Canada

The highest court that hears significant legal questions and appeals.

summary offences

Less serious crimes typically tried in provincial courts.

indictable offences

More serious crimes that can lead to severe penalties like imprisonment.

hybrid offences

Crimes that can be prosecuted as either summary or indictable, depending on the Crown.

principal offender

The person who actually commits a crime.

accessory before the fact

Someone who helps facilitate a crime before it happens.

accessory during the fact

Someone who assists or encourages a crime while it's occurring.

accessory after the fact

Someone who helps the offender after the crime has been committed.

charter violation

A breach of a person's rights under the Charter that may affect evidence admissibility.

NCRMD

Not Criminally Responsible on Account of Mental Disorder; a legal standard in criminal cases.

absolute jurisdiction

A court's authority to hear certain cases without interference from other courts.

Promise to Appear

An agreement by the accused to appear in court for less serious offences.

Recognizance

A court-ordered release that may include conditions for the accused.

Release on Conditions

The accused is released with specific rules to follow.

detention in custody

When the accused is held until trial due to flight risk or danger.

legal aid

Government-funded program offering free or low-cost legal services.

duty counsel

Lawyer available at court for immediate legal advice.

surety

A person taking responsibility for the accused in a recognizance.

recognizance

A formal promise to appear in court, often with conditions.

information

A formal complaint accusing someone of a crime, typically leading to proceedings.

indictment

A formal document for serious offences that allows a case to go to trial.

crown disclosure

The prosecution's duty to provide all relevant evidence to the accused.

crimes against persons

Offences that directly harm or threaten individuals, like assault.

property crimes

Offences involving theft or damage to someone's property.

criminal negligence

A form of conduct where a person fails to recognize the substantial and unjustifiable risk.

mens rea requirement

The necessity of proving the accused's mental state when committing a crime.

intention in law

A mental state indicating purposeful engagement in conduct resulting in a crime.

culpability

Responsibility for a fault or wrongdoing.

criminal record

An official record of someone's criminal convictions and charges.

rehabilitation

The process of seeking to improve a convicted person's character or behavior.

recidivism

The tendency of a convicted criminal to reoffend.

plea bargain

An agreement in which an accused pleads guilty to a lesser charge.