Unit 3
Criminal offences
Criminal offences
The guilty mind of a crime is known as the ...
mens rea
How many members are on a jury
12
The two mental disorders are insane and non-insane automatism. true or false
true
What is the main goals of sentencing youth (2 parts)
Accountability and rehabilitation
The person bringing forward the suit in a civil case is called ...
the plaintiff
What two elements have to be present for a crime to be committed?
mens rea and actus reus
what is the burden of proof in a criminal trial
beyond a reasonable doubt
A person is unaware of what their actions due to an external factor is known as ....
non-insane automatism
Retributive justice means...
a focus on the punishment for the crime
A process where both parties communicate to reach a mutually acceptable agreement is known as what?
negotiation
A crime, where one act is done to carry out a second act (ie. assault to steal) is known as ...
a specific intent crime
Who is responsible for the burden of proof in a criminal trial
The Crown Prosecution
The defence of necessity has 3 elements that must be met. What are they?
The accused must show the act was done to avoid a greater harm
There was no reasonable opportunity for an alternative course of legal action
The harm inflicted must be less than the harm avoided
Provide an example of a restorative justice punishment
AA
presentations
anger management
community service
A neutral third party listens to both sides of a civil dispute and makes a final decision that both must follow.
Arbitration
Murder that is planned, and premeditated is known as ...
first degree murder
In a criminal trial with a jury, the judge makes the final decision about the guilt of the accused.
false
The defence of intoxication can only be used for specific intent crimes.
true
Which of the following best describes the goal of sentencing that discourages others to commit crimes based on the punishments given.
general deterrence
What is the standard of proof in a civil case?
Balance of probabilities
what is an example of a general intent crime
assault
murder
In a criminal trial, which side presents their evidence first?
the Crown
Self defence can only be used if three things are met ...
An unprovoked action
The force used back was reasonable
The force was necessary to defend the self
What is perjury?
What does the term, cause-in-fact mean in factors of negligence?
The injury would not have happened “but for” the defendants actions