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Criminal law cards

QuestionAnswer
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 .
Created by: user-2012947
 

 



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