Key Terms - Chapter 9/10

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legal paternalism

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23 Terms

1

legal paternalism

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

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2

actus reus

the guilty act

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3

mens rea

guilty mind

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4

general intent

the accused meant to commit the crime

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5

intent

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

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6

motive

what prompts or causes a person to act or not act

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7

doctrine of transferred intent

the original criminal intent is transferred to the unintended victim

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8

recklessness

extreme carelessness of apparent danger

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9

wilful blindness

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

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10

retributive justice

an eye for an eye

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11

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

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12

exingent circumstances

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

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13

promise to appear

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

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14

recognizance

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

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15

surety

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

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16

undertaking

an agreement with conditions attached

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17

bail

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

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18

plea bargain

reducing the charge to a lesser charge

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19

burden of proof

crown must prove the guilty of the accused beyond reasonable doubt

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20

acquittal

declared not guilty

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21

victim impact statement

statement outlining the harm done on the victim’s life

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22

leading question

questions that suggest or imply the answer

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23

direct examination

the questioning by a lawyer of his or her own witness

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