Law 12

Criminal Law Vocabulary

Absolute Liability - regulatory offences based on proof that the accused committed the prohibited act (actus reus), but need not involve proof of criminal intent (mens rea).

Accessory After the Fact - it is a criminal offence according to Section 23 of the Criminal Code of Canada, when a person who, knowing that another person has committed a criminal offence, helps that person to escape.

Accused - a person against whom a criminal or quasi-criminal charge has been laid is known as the accused.

Actus reus - the actus reus component of a crime also may occur through a state-of-being, such as possession of a prohibited item. In order for actus reus to occur in this instance, the individual must have knowledge of what he possesses, or consent to possessing the item in question.

Adversarial System - when both the accused defendant and the prosecuting state are allowed to argue their cases effectively and vociferously before a fair and impartial arbiter (judge).

Aiding or Abetting - an aid to a criminal offence is a person who knowingly assists in the commission of a crime in any way. An abettor to an offence is one who knowingly encourages another to commit a criminal act.

Alibi - when an accused person claims not to have been present at the time of an alleged offence.

Alternative Sentencing - alternatives to the process of sentencing offenders may include accepting recommendations of sentencing circles or family conferences, electronic monitoring, Elders’ or community sentencing panels, sentencing advisory committees and community service.

Attempt - there are three essential elements of the criminal offence of attempt are intent to carry out an unlawful act, some act or omission toward committing the offence, and noncompletion of the criminal act. (Completion of the action would eliminate the offence of attempt.)

Arrest (Detention) - the act of taking an alleged or suspected offender into police custody. It is the lawful restriction of liberty by legal authority, by expressing words of arrest and actual physical detention.

Automatism - the defence of automatism may be used because the person moves about automatically. Crimes committed in an unconscious state are rare.

Burden of Proof - in a criminal trial, the accused is presumed innocent the crown must prove guilt beyond reasonable doubt.

Charge - when an individual is formally charged with an offence, the police will serve an information upon the accused person that informs the accused of the details of the alleged offence.

Correctional Institutions - operations of the Correctional Service of Canada and the National Parole Board are governed under the federal Corrections and Conditional Release Act. The stated mission of the Correctional Services of Canada is the protection of society by actively encouraging and assisting offenders to become law-abiding citizens, while exercising reasonable, safe, secure and humane control. Provincial corrections programs are mandated by legislation of the provinces.

Counselling - may be charged when one advises, recommends, solicits or incites another person to be party to an offence. Under section 464 of the Criminal Code of Canada, an offence of this nature occurs when the counselling occurs regarding a crime never committed. Under section 22 of the Criminal Code of Canada, a counselling offence occurs when an actual crime is committed, and this is deemed much more serious an offence.

Crime - an act or omission, prohibited by law, which is considered a wrong against society and society’s values and morals.

Criminal Procedure - procedural safeguards in the Charter of Rights and Freedoms and the Criminal Code of Canada are designed to ensure the equality of all individuals before the law.

Criminally Responsible - under Canadian law, persons over the age of twelve are deemed criminally responsible for actions that may contravene criminal or quasi-criminal statutes.

Criminal State of Mind - where an accused person has planned and commited the crime. The mens rea.

Criteria - rules or standards that are accepted and used to provide a consistent basis for making judgments.

Defence - any denial or answer to the charge against an accused person. A defence is also a legally recognized excuse or justification for criminal conduct.

Defence of Property - a person may use reasonable force to prevent someone from entering his or her property, but may not use excessive force.

Demographics - identifiable patterns indicate a strong relationship between levels of convictions for criminal offences and socio-economic factors, including poverty and lack of education.

Detention - according to the Supreme Court of Canada, detention occurs when a person is stopped by a peace officer and "submits or acquiesces in the deprivation of liberty and reasonably believes that the choice to do otherwise does not exist."

Deterrence Philosophy - one model of criminal justice policy is based on deterrence. Its proponents advocate:

specific deterrence to prevent future crimes by individuals who have been caught and punished for crimes
general deterrence to prevent crime by members of society.

Drug Offences - there are six types of drug offences created under the Controlled Drugs and Substances Act. They include:

possession
trafficking
possession for the purpose of trafficking
importing and exporting
production
possession of the proceeds of drug offences

Another drug-related offence created under the Criminal Code of Canada is that of impaired driving. While most commonly associated with the use of alcohol, impaired driving also is an offence that occurs in the event that an individual operates a motor vehicle while under the influence of other drugs.

Due Diligence - as a defence to a strict liability offence. Due diligence involves demonstrating that one has undertaken to do everything possible to avoid committing an offence.

Due Process - the procedure in the Canadian judicial system whereby an individual is provided all procedural safeguards of the law.

Duress - a person who commits an offence because of threat of immediate death or serious injury may use the defence of duress.

Election - an accused person may choose to have his or her case tried by a judge or a jury, and may choose to have the case heard in either Provincial or Queen’s Bench Court.

Fundamental Justice -the principles of fundamental justice require that all persons investigated for and accused of a crime receive procedural protections to ensure that they are treated fairly throughout the process.

General Intent - a level of mens rea where the accused needs not have intended to commit the offence or cause the results, but must have intended to act in a way that resulted in the offence occurring.

Habeas Corpus - the right to habeas corpus involves the right to a hearing to determine if an accused is being legally detained before trial.

Harm - some actions are deemed criminally offensive because they cause harm to the individual, in a physical or social-emotional manner. Other actions are deemed criminally offensive because they may harm or damage public institutions or practices.

Hybrid (or Dual Offences) - allow the prosecution to elect to proceed by way of summary conviction or by way of indictment.

Independence of the Judiciary - in order for the rule of law to prevail, judges must be independent, including:

security of tenure-absence of the threat of arbitrary firing
financial security
institutional independence-absence of influence upon judges by elected government officials or employees of the government.

Indictable Offences - include serious crime that is subject to stiff penalties, and that is prosecuted using the more formal set of criminal procedures including a preliminary inquiry and jury (if the accused so chooses).

Jurisdiction - the federal government has sole power and responsibility to create criminal law, while the provinces have the power and the responsibility for the administration and enforcement of criminal law.

Justice Philosophy - proponesnts of the justice model of the criminal justice system advocate:

sentencing to fit the offence, not the circumstances of the offender (An end to discretionary options of the court would end discrimination against certain groups, because all crimes would be treated in the same fashion regardless of group characteristics such as race or gender.)
more severe crimes should receive more severe sentences.

Mental Disorders - in an individual being found to be not criminally responsible for an offence. The person must not have known that the action was an offence. The defence of intoxication can only be used if alcohol or drug abuse has led to a condition of mental disorder.

Mistake of Law - ignorance of the law is no defence against committing an offence. However, if an accused person can show that they were misled about a law by a government official, an exception called officially induced error applies.

Model - an organized set of factors that attempt to explain reality.

Morality - some actions are deemed criminally offensive because they offend the morality of the predominant worldview in society.

Legal Rights - legal rights of Canadians are protected as components of fundamental justice under the Charter of Rights and Freedoms.

Morality - provides guidance for making moral choices. Morality is based on a number of principles or criteria:

an action may not be taken unless it is right for everyone to take that action
actions that may be hurtful to others must not be carried out
before any action is taken:
all information about the consequences of the proposed action(s) on others must be sought
the effect of an action on another person must be considered
advice from others should be considered
the moral reasoning should be tested and rejected if it is faulty
others involved in the action should test their oral reasoning and reject it if it is faulty.

Mens rea - mens rea is Latin for guilty mind. It is the subjective element of an offence that describes the state of mind or required intention of accused in a criminal charge.

Non-Criminality - nothing is a crime unless the law specifically so provides. This means that an accused must be charged under a specific statute and the burden is upon the prosecution to present facts to prove the offence charged.

Norms - the expected standards of behaviour within a group.

Offences Involving Automobiles - under the provisions of the Criminal Code of Canada (2000), offences involving automobiles include impaired driving, driving with excess alcohol in the bloodstream, failure to provide a breath sample, criminal negligence and dangerous driving.

Offences Against Morality - under the provisions of the Criminal Code of Canada (2000), offences against morality include gambling in contradiction to regulations, prostitution and obscenity.

Offences Against People - under the provisions of the Criminal Code of Canada (2000), offences against people include homicide, manslaughter, counselling or aiding suicide, assault and sexual assault.

Offences Against Property - under the provisions of the Criminal Code of Canada (2000), offences against property include theft, break and enter, mischief and fraud.

Parole - the conditional release from imprisonment or other confinement after serving part of the sentence. The National Parole Board administers parole.

Functions of Police - the three primary functions of police in Canada are:

to prevent crime
to detect and apprehend offenders
to maintain order in the community in accordance with the law.

Under part XV of the Criminal Code of Canada, the powers of police are defined and limited in terms of search or seizure.

Preliminary Inquiry - at the Queen’s Bench Court level, the accused has the right to a preliminary inquiry, during which the prosecution must prove to a judge that there is enough evidence to warrant holding a trial.

Presumption of Innocence - in Canada an individual is presumed innocent unless proven guilty beyond a reasonable doubt. An individual placed under arrest has procedural rights, including:

the right to remain silent
the right to consult with a lawyer
the right to a hearing regarding their liberty
the presumption of innocence unless proven guilty beyond a reasonable doubt.

Prosecution - the Crown prosecutor represents the state in criminal prosecutions, and is given the task of proving the case that an accused is guilty beyond a reasonable doubt.

Provocation - causes another person to lose his or her self-control, can be used as a reason to reduce a charge of murder to manslaughter.

Quasi-Criminal Law - law made by provinces, municipalities and band councils is known as quasi-criminal law, because criminal law can be enacted only at the federal level. Quasi-criminal law creates offences for which sanctions may be imposed according to the statutes of the jurisdiction. Examples include traffic laws, wildlife protection laws and local by-laws.

Recklessness and Willful Blindness - a level of mens rea where the accused knows the potential consequences of an action, and takes an unjustifiable risk despite the knowledge. Willful blindness describes circumstances where an accused knew the potential for criminal consequences, but closed his or her mind to them.

Recidivism - the relapse into crime after the sentence of a convicted offender has been completed, and the subsequent return to the criminal justice system.

Regulations - the implementation details of quasi-criminal statutes and other non-criminal statues. Regulatory limits on individual actions are designed to enhance quality of life for all citizens.

Rehabilitation Philosophy - proponents of the rehabilitation model of the criminal justice system advocate:

individualizing treatment of offenders in order to eliminate the causes of the criminal behaviour
sentencing of offenders directed toward the treatment and rehabilitation of the offender in order to prevent recurrence of criminal behaviour.

Restorative Justice Philosophy - the restorative model of the criminal justice system advocates:

addressing the harm done to the victim and the community, instead of punishment
restoring harmony to the life of the victim, the offender and the community through restitution and reconciliation.
acceptance by the offender of the holistic context of the offence—morally, socially and spiritually.

Sanctions - penalties or consequences for actions outside the accepted norms of behaviour. Sanctions may be formal or informal.

Selective Incapacitation Philosophy - proponents of the selective incapacitation model of the criminal justice system advocate:

individuals who are repeat offenders should be selectively jailed in order to reduce overall crime
those who are most likely to re-offend should be identified and monitored, and detained if necessary for the good of the public safety.

Self-Defence - a person who is attacked may use the amount of force necessary to resist the attack, known as reasonable force.

Sentencing - the process by which society, through the courts, imposes sanctions or punishments on a person found guilty of criminal conduct.

Social Change - societies adjust to a pattern of realities (natural, social, technological) in ways that seem reasonable at the time. Over time realities change, making it necessary for society to respond.

Social Policy - the decisions of governments regarding the challenges facing a population, and the solutions to such problems.

Society - a system in which individuals and social organizations performing a variety of roles interrelate with each other according to a set of mutual expectations and in ways controlled by the social and natural environments.

Specific Intent - a level of mens rea that requires the prosecution to prove that the accused meant to commit the offence or to cause certain results.

Standard of Proof - the level to which a party must convince the trier of fact (judge or jury) of a given allegation. The evidentiary standard is the standard of proof required at preliminary hearings. The civil standard, also known as the balance of probabilities, is the standard of proof required in civil trials. The criminal standard of proof beyond a reasonable doubt is the highest level of proof required in the legal system.

Stay of Proceedings - a stay of proceedings is an order by the court that no further action on a charge will occur until some event occurs to reactivate a case.

Strict Liability - depends for conviction only on proof of the physical element of the offence (actus reus), although there is no negligence on the part of the accused.

Summary Conviction Offences - less serious crime that carries a light penalty. The accused may be tried in provincial court without a jury or a preliminary hearing.

Summons - a document that may be served upon a person accused of a crime, requiring the accused individual to appear in court at a certain time and date to answer the charges.

Suspect - a suspect is an individual whom is being actively investigated with regard to an offence, but has not yet been charged.

Theory - a hypothesis that has been tested, but that has not produced similar outcomes often enough to be considered fact or truth.

Truth in Sentencing Philosophy - proponents of the truth in sentencing philosophy advocate full term sentences, with no early release provisions for incarcerated offenders.

Values - the beliefs people will act upon because they believe them to be correct and acceptable behaviour. People use values as criteria on which to base their judgments about issues significant to them and society.

Verdicts in Criminal Trials - a court may find an accused person guilty as a result of the crown proving the facts of the charge beyond a reasonable doubt. A court may also find an accused person not guilty, as a result of the crown failing to prove the facts of a charge beyond reasonable doubt.

Law 12

Wednesday, May 16, 2012

Family Law Project

Wednesday, April 04, 2012

April Schedule

Thursday, March 29, 2012

Contributory Negligence

Thursday, January 26, 2012

February March 2012 Schedule

Friday, January 06, 2012

Circle Sentencing: Part of the Restorative Justice Continuum

Monday, December 26, 2011

January Schedule

Tuesday, November 08, 2011

Criminal Law Vocabulary

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