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Criminal law cards
| Question | Answer |
|---|---|
| abetting | the crime of encouraging the perpetrator to commit an offence . |
| absolute discharge | releasing a convicted offender and erasing the criminal record after one year . |
| absolute liability offences | offences that do not require mens rea and to which the accused can offer no defence . |
| accessory after the fact | someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police . |
| accused (or defendant) | in criminal law, the person charged with committing a criminal offence . |
| actus reus | the voluntary action, omission, or state of being that is forbidden by the Criminal Code . |
| arraignment | the first stage of a criminal trial in which the defendant enters a plea to the charge . |
| arrest | legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody . |
| arrest warrant | a written court order directing the arrest of the suspect . |
| assault | threatened or actual physical contact without consent; in tort law it is offensive conduct that creates reasonable fear of imminent harm . |
| assault with a weapon or causing bodily harm | injuring a person in a way that has serious consequences for the victim’s health or comfort . |
| automatism | a condition in which a person acts without being aware of what he or she is doing . |
| bail | the temporary release of an accused who posts money or other security . |
| bench warrant | an arrest warrant issued directly by the judge when an accused person fails to appear in court . |
| beyond a reasonable doubt | the high standard of proof where a reasonable person would have no choice but to conclude the accused committed the offence . |
| bigamy | being married to two people at the same time, a criminal offence related to polygamy . |
| breaking and entering | breaking or opening something to enter premises without permission with intent to commit an indictable offence . |
| crime | an act or omission that is prohibited and punishable by federal statute . |
| crime scene | the site where the offence took place . |
| criminal law | law that identifies crimes and prescribes punishments . |
| criminal negligence | wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death . |
| Crown counsel (or prosecutor) | the lawyer representing the government and responsible for prosecuting the accused . |
| Crown wardship order | a family‑court order that makes the state the guardian of a child . |
| culpable homicide | a killing for which the accused can be held legally responsible . |
| dangerous offender | someone who presents a continuing threat to the life, safety, or well‑being of others . |
| day parole | conditional absence from custody during the day only . |
| detention | legally depriving a person of liberty for the purpose of questioning, with or without physical restraint . |
| directed verdict | a decision by the judge to withdraw the case from the jury and enter a verdict of not guilty . |
| disorderly house | a common bawdy, betting, or gaming house . |
| double jeopardy | the doctrine that an accused person cannot be tried twice for the same offence . |
| due diligence (criminal context) | a defence that the accused took every reasonable precaution to avoid committing the offence . |
| duress (criminal) | a defence that the accused was forced by threat of violence to commit a criminal act against their will . |
| electronic monitoring | allowing an offender to serve a sentence at home under electronic supervision from a remote location . |
| electronic surveillance | use of electronic devices to overhear or record communications between people . |
| entrapment | a defence against police conduct that illegally induces the defendant to commit a criminal act . |
| evidence | information that tends to prove or disprove elements of an offence . |
| extradition | surrendering an accused person to another jurisdiction to stand trial . |
| extrajudicial sanctions | community‑based programs for youth that are alternatives to going to court . |
| false imprisonment | detention of a person without consent and without legal authority . |
| Federal Court of Canada | a federal court with jurisdiction over specified civil and criminal matters, including some constitutional issues . |
| first‑degree murder | murder that is planned and deliberate, contracted, causes the death of a peace officer, or occurs during another serious crime . |
| forensic science | use of biochemical and other scientific techniques to analyze criminal evidence . |
| garnishment (enforcement) | a court order requiring a third party, such as an employer, to pay the plaintiff money owed to the defendant . |
| general deterrence | punishment designed to discourage people in general from committing offences . |
| habeas corpus | a court order to prevent unlawful detention by requiring that anyone held be brought before a court within a reasonable time . |
| harassment (criminal) | persistent behaviour that violates the victim’s security or human rights, such as criminal harassment or stalking . |
| hearsay evidence | evidence given by a witness based on what someone else said, not on personal knowledge . |