Criminal Law Review

Card Set Information

Author:
CaptainSeb
ID:
283294
Filename:
Criminal Law Review
Updated:
2014-09-16 19:23:32
Tags:
Definition
Folders:
Criminal Law
Description:
Criminal Law Definiton 17-24
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user CaptainSeb on FreezingBlue Flashcards. What would you like to do?


  1. duplicitous count
    a count that contains more than a single transaction
  2. inculpatory
    evidence that is incriminating
  3. exculpatory
    evidence that relieves of blame or liability
  4. joint submission
    a sentencing  submission put forth to the court that has been agreed to by both the Crown and defence
  5. voir dire
    a mini trial or trial within a trial that is designed to determine the admissibility of evidence
  6. autrefois acquit
    a special plea that is made by a person charged with a criminal offence where the person has previously been acquitted or found not guilty in respect of the charge and thus cannot be tried again for the same offence
  7. autrefois convict
    a special plea that is made by a person charged with a criminal offence where the person has previously been convicted or found guilty in respect of the charge and thus cannot be tried again for the same offence
  8. pardon
    a special plea where the commission of a criminal offence and the relevant penalty are forgiven, usually by a head of state or by an act of Parliament
  9. set-date
    an early appearance in court to set a trial date in a case
  10. application
    similar to a motion, it is a hearing that usually concerns a procedural issue before a final decision is reached in the case
  11. severance
    separation of one matter or issue into two or more with each being decided on its own without regard for the other(s)
  12. particulars
    specific details supporting a more general statement or proposition; in criminal law, an application for particulars is normally a request for a detailed itemization of a count in an Information
  13. case management
    supervision by the court of a legal case as it proceeds through the justice system; the concept of case management has existed for years in civil cases, but is a relatively recent phenomenon in criminal cases
  14. focus hearing
    an informal meeting between a judge, Crown, and defence to facilitate a more efficient preliminary inquiry; a new feature of the Criminal Rules of the Ontario Court of Justice
  15. discovery
    procedural devices that occur before trial where a party is able to obtain evidence from an adverse party: in civil law, any party can discover any adverse party; in criminal law, only the accused may have discovery rights
  16. cross-examination
    principle of the adversarial system in which one side in a legal proceeding is given an opportunity to question the witnesses for the opposing party in order to challenge their evidence and the entire case
  17. subpoena
    a document that compels a witness to attend court; in civil proceedings the document is often called a summons (under the Criminal Code, however, a summons is a document that compels the accused to attend court)
  18. direct examination
    initial questioning of a witness that is conducted by the party who called the witness to provide evidence in the proceeding; also called an examination-in-chief
  19. trial book
    a book for use at trial by a legal representative where all papers and documents relating to the proceeding are organized in an easy-touse and easy-to-find way
  20. book of authorities
    a book for use at trial by the parties and the court containing all authorities, including cases and legislation that will be relied upon at trial
  21. jury panel/jury
    array these terms are used interchangeably and refer to the large pool from which a jury is selected
  22. peremptory challenge
    the ability of the Crown and the accused to reject a potential juror without further explanation or reason
  23. challenge for cause
    the ability of the Crown and the accused to challenge a prospective juror’s impartiality
  24. submission
    in general, the act of making a presentation or an assertion; can also be used to mean “closing argument
  25. re-examination
    a second questioning of a witness that is conducted by the party who called the witness to provide evidence in the proceeding; a re-examination will follow a cross-examination
  26. directed verdict of acquittal
    a motion to the court by the accused for an acquittal immediately following the completion of the Crown’s case when there has not been any evidence upon which a reasonable jury, properly instructed, could convict the accused; sometimes referred to as a non-suit
  27. competent witness
    a witness who is lawfully capable of giving evidence; a competent witness may give evidence
  28. compellable witness
    a witness who can be lawfully required to give evidence; a compellable witness can be forced to give evidence
  29. rebuttal evidence
    evidence that contradicts or refutes earlier evidence
  30. alibi
    generally, evidence of innocence—usually that the accused was somewhere else when the crime was committed; the word “alibi” derives from the Latin term for “elsewhere”
  31. surrebuttal evidence
    evidence that contradicts or refutes rebuttal evidence; it is essentially a rebuttal to a rebuttal
  32. mistrial
    a trial that has been terminated before reaching its conclusion because of an irregularity
  33. peace bond
    a court order that requires a person to keep the peace and be of good behaviour for a specified period of time; it is not a conviction or a finding of guilt
  34. denunciation
    a principle of sentencing that focuses on denouncing or condemning criminal behaviour
  35. deterrence
    a principle of sentencing that focuses on deterring or discouraging criminal behaviour
  36. reparations
    a principle of sentencing that focuses on repairing the harm done by the offender to the victim or to society as a whole
  37. aggravating factors
    circumstances surrounding the commission of an offence that increase the penalty associated with the offence
  38. mitigating factors
    circumstances surrounding the commission of an offence that reduce the penalty associated with the offence
  39. absolute discharge
    a sentence where there has been a finding of guilt made against the offender, but where no conviction is registered
  40. conditional discharge
    a sentence similar to an absolute discharge except that it takes effect only after the offender has satisfied specified court-imposed conditions
  41. restitution
    a sentence that requires the offender to compensate the victim for any loss or injury arising out of the commission of the offence
  42. probation
    a sentence that permits an offender to live in the community but under supervision and subject to various conditions
  43. suspended sentence
    a sentence where the sentencing court suspends or holds in abeyance the passing of a sentence on an offender
  44. dead time
    credit for the period of time that an offender spends in pretrial custody
  45. intermittent sentence
    a jail sentence that is served in small blocks of time instead of all at once
  46. consecutive sentence
    a sentence in which the time that is actually spent in custody is the sum of all sentences, and the sentences are served one after another
  47. concurrent sentence
    a sentence in which the time that is actually spent in custody is determined by the longest sentence, and the sentences are served at the same time
  48. parole
    the release of an offender from custody before the sentence has been fully completed, subject to various conditions
  49. record suspension
    an order granted by the Parole Board of Canada that permits a qualifying offender to have a criminal record separated and kept apart from other criminal records; formerly called a pardon
  50. grounds for appeal
    basis upon which an appeal can be commenced and be successful
  51. objective test
    a legal test that focuses on the actions and beliefs of a hypothetical reasonable person; includes a consideration of reasonableness
  52. subjective test
    a legal test that focuses on the actions and beliefs of the person in issue; does not include a consideration of reasonableness
  53. reasonableness
    a standard of review that permits an appellate court to substitute its decision for the decision of a lower court only when the decision of the lower court is unreasonable
  54. standard of review
    the manner in which an appellate court will evaluate the decision of a lower court
  55. error of law
    an error in the interpretation or application of law; an error of law is understood by contrasting it with an error of fact, which is an error in the resolution of the facts in issue
  56. correctness
    a standard of review that permits an appellate court to substitute its decision for the decision of a lower court when, in its opinion, the decision of the lower court is incorrect or wrong
  57. leave to appeal
    where permission to appeal is a prerequisite to hearing the appeal; the purpose is to establish a threshold that must be met before an appeal can be heard by an appellate court
  58. appeal book
    a book that contains all of the documents that are necessary for the hearing of an appeal by an appellate court
  59. trial de novo
    a form of appeal where the appellate court holds a new trial without any regard to the first trial; the appeal essentially takes the form of a completely new trial, as if the previous trial had not occurred
  60. alternative measures
    various options outside the traditional criminal justice system that are available for dealing with offenders
  61. diversion
    redirection of a criminal charge from prosecution to an alternative program that often focuses on rehabilitation
  62. aggravating circumstances
    circumstances surrounding the commission of an offence that increase the culpability associated with the offence

What would you like to do?

Home > Flashcards > Print Preview