Key Terms - Chapter 9/10

legal paternalism

the idea of gov as a father figure and involves crimes that prohibit people from harming themselves

actus reus

the guilty act

mens rea

guilty mind

general intent

the accused meant to commit the crime

intent

state of mind with which an act is done or not done

motive

what prompts or causes a person to act or not act

doctrine of transferred intent

the original criminal intent is transferred to the unintended victim

recklessness

extreme carelessness of apparent danger

wilful blindness

when a person suspects a harmful or criminal outcome, but prefers not to ask questions that would confirm this

retributive justice

an eye for an eye

restorative justice

focuses on rehabilitation of offenders through reconciliation with victims and society, for purpose of returning society to the way it was prior to the offence

exingent circumstances

situations where there is imminent danger of loss, removal, destruction or disappearance of the evidence if the search or seizure is delayed

promise to appear

an agreement the accused must sign, guaranteeing their appearance in court at a later date

recognizance

a written promise to appear in court on a scheduled date or else pay a sum of money

surety

a person who agrees to pay an amount of money should the accused not show up in court

undertaking

an agreement with conditions attached

bail

the posting of a sum of money in order to secure the release of the accused and to guarantee their appearance at trial

plea bargain

reducing the charge to a lesser charge

burden of proof

crown must prove the guilty of the accused beyond reasonable doubt

acquittal

declared not guilty

victim impact statement

statement outlining the harm done on the victim’s life

leading question

questions that suggest or imply the answer

direct examination

the questioning by a lawyer of his or her own witness