Criminal Law
Wrong against society
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| Term | Definition |
|---|---|
Criminal Law | Wrong against society |
Public law | Applies to relationships between an individual and government |
Private law | Relationships between individuals |
Classifications of laws | Public and private law |
Classification of Criminal law | Substantive vs procedural law |
Substantive law | The part of an area of law that defines the rights and responsibilities in that area of law. In criminal law it is the part of law that deal with the creation of criminal offences |
Procedural law | The body of law that sets out the rules for how a case gets before the court and how it makes its way through the court to completion; in criminal law it begins with the police investigation and the laying of the charge and goes through to the end of the trial |
Statutes | Legislation |
Common law | Created based on previous judges decisions |
Section 91 | Federal government pass criminal laws |
Section 92 | Provinces enforce criminal law and provincial legislation |
Crown Prosecutor | Lawyer employed by government to prosecute criminal cases. |
Alberta Justice – Provincial Crown | All charges in Youth court |
Public Prosecution Service of Canada | Federal crown |
Defence Counsel | Lawyer who represents accused individuals in criminal cases |
Justice of the Peace | Full time JP who are lawyers |
Summary Offences | Least serious offences |
Indictable Offences | Most serious offences |
Dual or Hybrid Offences | Most offences are hybrid |
Quasi criminal offences | Summary offences and no criminal record results Offences created to enforce regulatory laws – not criminal offences but have a number of features of criminal law; ex. Provincial offences |
Absolute Jurisdiction Of Alberta Court of Justice | Least serious indictable offences No choice of where matter is heard must be heard in ACJ No election as to mode of trial |
Election for the accused | For indictable offences not listed in section 469 or 553 the accused has a choice as to level of court in which they want to be tried. |
Mode of trial | Method by which a criminal case is conducted |
Exclusive Jurisdiction of King’s Bench | Most serious indictable offence Must be tried in KB Must be tried by a jury unless Attorney general and accused both approve then it can be judge only trial |
Indictable Election Offences | Not most serious or least serious Accused gets to elect Alberta Court of Justice Judge Alone KB Judge Alone KB Judge and Jury If want jury you need to go to kings bench |
Inferior Court | Alberta Court of Justice (Family Criminal Youth Traffic Family |
Superior Court | Court of King’s Bench |
Perpetrator | Person who commits offence |
Aid | Assist in some way |
Abet | Encourage the perpetrator to commit the offence |
Counsel | Advise |
Accessory after the fact | Given comfort or assisted the perpetrator in escaping law enforcement and they can also be charged as a party |
Information | State if someone is a perpetrator or charged with aiding |
To wit | That is to say |
Appearance Notice | Formal legal document issued by a police officer that informs an accused person of their obligation to appear in court at a specified time and place |
Arrest Warrant | A court order directed to the police in a certain geographical area to arrest an accused and bring her before the court to answer a criminal charge |
Count | Consecutively numbered paragraphs in an information or indictment that sets out the charges against the accused |
Endorsements | A justice shows approval of a document by signing his or her name on it |
Informant | A person who swears an information |
Jurisdiction | The legal authority of government to pass laws in certain areas or the power of the courts to make legal decisions and judgments – without jurisdiction the court cannot deal with the matter |
Justice of the peace | Judicial officer who presides over 90% of cases involving provincial offences |
Party | Anyone who helps |
Promise to appear | Legal commitment made by individual to attend court on a specific date and time to address criminal charge |
Summons | A court order commanding a person to appear in court on a specific date and time to answer a criminal charge against him |
Section 7 | Life liberty security of the person |
Section 8 | Right to be protected against unreasonable search and seizure |
Wiretap | Authorization for police to receive and record phone calls and other private conversations One party agrees to record conversation or wear a wire a warrant is still required |
Section 9 | Protects against arbitrary detention |
Arbitrary | No good reason for it |
Section 10 | Right to know why you are being arrested |
Habeus Corpus | Right to have crown show why detention is lawful |
Right to counsel | On arrest you have a right to call a lawyer |
Opportunity to contact counsel | A mere statement saying they have a right to call a lawyer is not enough |
Legal Aid | Available if they cannot afford a lawyer (must meet requirements) |
Duty counsel | Work for the government but are there to represent anyone appearing in court for the initial or first appearance the day they are there (they do not stick with you throughout the whole lawsuit). |
Section 11 | Right to be tried within reasonable time Innocent until proven guilty Right to not be tried again if acquitted or found guilty (double jeopardy) |
Double jeopardy | Prevents a person from being tried again for the same offence after being acquitted or convicted |
Section 13 | Right to not incriminate oneself |
Section 1 | Our rights/freedoms are subject to such reasonable limits as can be justified in a free and democratic society |
Stay of Proceedings | Judge finds violation of charter rights they may order that charges are permanently ended against the accused |
Disrepute | |
- | |
Voir Dire | A trial within a trial Hearing between judge and lawyers regarding particular piece of evidence or statement made |
Section 12 | Cruel and unusual punishment |
Contract Law | Deals with legally enforceable agreements made between parties that spell out their rights and obligations in relation to each other in a particular transaction |
Tort Law | Deals with harm caused to a person or their property by another for which the harmed person may sue the wrongdoer for monetary compensation for the harm caused |
Standard of Proof | The legal level of proof that must be established in a court case before the case may be won. Criminal – beyond a reasonable doubt noncriminal – balance of probabilities |
Civil Law | Body of law in the Canadian legal system that is non-criminal |
Adjudication | Leads to the making of a legal decision |
Ultra vires | Latin term meaning that a law has been made outside the authority of the law-making body |
Intra vires | Latin term |
Provincial Offences | Created by provincial legislature to enforce certain regulatory laws that are within their constitutional law-making authority; not criminal offences |
Stare decisis | Legal principal used within the common law by which the lower courts must follow the decisions |
Onus of proof | Prosecutor in criminal case or plaintiff in civil case has burden or onus to present enough evidence to win their case beyond a reasonable doubt or on the balance of probabilities |
Federal state | Country in which the constitution provides for more than one level of government ex. Canada |
Federal law making power | Authority given by the constitution to the federal government to make laws in certain areas – criminal law is made only by federal government |
Supreme statute | All other statutes must comply; ex. Constitution |
Infringement of rights | Action by government or their agents that violates a right granted under the charter |
Arbitrary detention | Police improperly and unlawfully stop and hold a person in their custody for even a few minutes |
Notwithstanding clause | Rarely used controversial provision to the charter that allows the federal or provincial government to override certain portions of the charter |
Striking down a law | Power given to the courts under the charter to make a law inoperable because the law violates the charter |
no force or effect | a law that is struck down by the courts is said to be of no force or effect because it is inoperable |
wrongfully obtained evidence | evidence that is obtained as a result of a violation of a person's rights under the charter |
exclusionary remedy | power given to the courts under section 24 of the charter to prevent the admission of wrongfully obtained evidence at an accused persons trial |
cross examination | a 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 |
Trier of fact | the person or persons who must determine the credible facts in the case this can be a jury or if there is no jury the judge who hears the evidence |
Trier of law | the judge who determines the law that applies to the facts of a case and who in a trial with a jury instructs the jury on the application of the law |
plea agreement | an arrangement between the prosecution and the defense in which the accused agrees to plead guilty to the charge in exchange for a lesser penalty or to plead guilty to a lesser charge the justice must agree to the arrangement before it can be put into place |
transcript | A word for word written record of everything said in court is prepared by a court reporter |
Panel of judges | appeals in the higher courts are often heard by more than one judge form a panel |
Elements | most serious offences indictable least serious summary conviction middle is hybrid (crown elects) |
Actus reus | physical act |
Mens rea – guilty mind | intent |
General intention offences | Most crimes are intention |
Specific Intention offences | Crown must prove general intention to commit prohibited act |
Willful Blindness | Accused aware they should have asked questions but didn’t because they did not want to know |
Recklessness | Marked departure from the standard of reasonable person |
Parol | Conditional release |
Probation | Supervised community sentence |
Bail release conditions | Specific terms and obligations that an individual must follow when released from custody pending trial |
Strict liability offences | Only actus reus needs to be proven but defenses are available |
Absolute liability | Only actus reus needs to be proven and no defense is available |
Detention | Holding an individual briefly typically for questioning or investigation purposes |
Arrest | Taking a person into custody for the purpose of holding or detaining them in relation to a service offence or a criminal matter |
Section 24 | Judge gets to decide if they admit or exclude evidence if it is obtained through a charter breach |
Section 33 | Notwithstanding clause |
Preliminary inquiry | Defense does not present anything Prosecutor has to prove prima facie |
Prima facie | On the face of it Is there enough evidence to reasonably have a jury agree |
Contempt of court | Common law offence Rarely used Have to be disrespectful or disruptive to court process |
Exfaciy | Be convicted of contempt of court outside the courtroom Tampering with witness |
Lesser and included offence | Crime that is part of a more serious crime |