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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