Glossary of Criminal Law II
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- Who are the 4 participant of Criminal Law?
- - Parliament-make laws
- Courts/Judges-guilt and penalties
- Police - enforce laws
- J?ail & Parole - supervise
- When is someone a party to an offence?
- When they commit, aide, or abet.
- What's an Actus Reaus & Mens Rea?
- Actus - the act that is illegal
Mens - intent
- What is absolute liability?
- if you do the act you are guilty - go through a stop sign
- What is strict liability?
- Crown must prove the Actus Reuas and you will be convicted unless you can prove du-diligence (reasonable and honest belief)
- What are the eight defences?
- - Mistake of Law
-Mistake of fact
- battered wife syndrom
- What is the general rule when it comes to the use of excessive force?
- You can use as much as is necessary in the circumstance.
- What are the 3 ways to bring the accused to court?
- - Notice to Appear
- Issue a Summons
- When may a person arrest an individual?
- - when they have committed an inditable offence or are escaping the police.
- What is the general rule when you are arrested?
- that you will be released, unless the police believe you will be a danger to the public.
- what may you recieve at your bail hearing?
- A promise to appear, conditions, or assurity
- What is Voire Dire?
- Where the courts are deciding whether evidence will be admissalbe.
- What must police do before they can enter your home with a search warrant?
- Give notice, notice of authority, and why they are there.
- When can you not use consent as a defence for sexual assult?
- When the accused is 14 or under.
- When can you use consent as a defence?
- Sc. 150 -
- the accused is over 12 or under 16
- if if you are not in position of authority...and others.
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