GLOSSARY TERMS - BE SURE TO REVIEW PRIOR TO EXAM
Completion requirements
absolute discharge
a discharge that has no conditions attachedabsolute liability offence
an offence for which no mens rea need be established and which allows no defenseaccused
a person charged with a criminal offence; the defendanta wrongful act
adversary system
a method of trying legal cases that involves two sides contesting the issue before a third, impartial, party who will decide the caseage of majority
the age at which a person can undertake legal obligations (in Alberta 18)alibi
the defense that an accused can prove that he or she was elsewhere at the time the offence was committedappearance notice
a handwritten document given to a suspect that outlines the charges against the suspect and states when he or she is to appear in courtappellant
the party making an appealappellate court
a court in which an appeal is being launchedarraign
to formally read to an accused the charge that he or she must facearrest
deprive a suspect of his or her liberty in order to answer charges in courtattempt
a criminal offence that is committed when a person tries but fails to commit a crimeautomatism
the defense that an act was committed when the accused wasn't conscious of what was going onbail
money held to guarantee that an accused will appear at a later hearingbylaw
a written law passed by a municipal governmentchallenge for cause
a challenge to the suitability of a possible juror on the grounds that he or she doesn't meet the required standards for impartialitycharacter evidence
evidence designed to show that someone has a good or bad charactercharge to the jury
a talk a judge give to the jury before it retires for deliberation in which the judge discusses evidence and explains relevant lawcircumstantial evidence
indirect evidence; for example, evidence given by a person who didn't actually witness the eventcivil law
the branch of law that governs the relations between individualscommon law
the body of law that gradually developed as judges in English courts made decisions in the cases they heardcommunity service
a type of sentencing in which a judge orders an offender to do some specific work in the communityconditional discharge
a discharge with conditions attachedthe release of a prisoner before his or her sentence is over if certain conditions are met
conspiracy
a criminal offence that occurs when two or more people seriously plan to commit a crimecrime
an act or an omission that, because it poses a significant threat to society, is forbidden by law for which the state has the power to punishcriminal law
the branch of law that sets out certain acts as crimes and punishes those who commit themcrown prosecutor
a lawyer employed by the government to prosecute those accused of criminal and quasi-criminal offencesdefense counsel
a lawyer representing a defendantdefendant
in criminal cases, a person charged with an offence; the accusedthe act of keeping a person in custody
detention centre
a provincially operated institution that houses prisoners with sentences of up to 30 daysdeterrence
the sentencing objective of discouraging others from committing a similar offence by the severity of the penalty involveddirected verdict
a verdict of acquittal that a judge instructs a jury to reach if the Crown doesn't prove guilt beyond a reasonable doubtdischarge
a type of sentencing that involves no conviction being recorded against the accuseddisclosure
the process whereby the Crown presents its case, and the evidence on which it is based, to the defense prior to the trialdiversion program
a sentence that offers an alternative to putting offenders in jaildouble jeopardy
the law preventing a person from being tried twice for the same offenceduress
the defense that an accused was forced by another into committing an offence by the threat or use of violenceduty counsel
a lawyer on duty at court and the police station to give legal advice to those who need itentrapment
the process of persuading a person into committing a crime and then charging that person with an offenceexamination-in-chief
the first examination of a witness during a trialextrajudicial sanctions programs
programs whereby some young offenders can omit to having committed a crime and then do something to compensate for it rather than go to courtfine option program
a sentencing program that allow offenders to pay off a fine by doing community workgeneral-intent offence
a crime for which it is necessary to establish only that the offender intended the deed in order to establish mens reaa place for prisoners to stay when on day parole or a temporary absence that offers greater freedom than prison along with the supervision needed as prisoners re-adjust to society
hung jury
a jury in a criminal trial that cannot agree on a verdicthybrid offence
a criminal offence for which the Crown can choose to proceed by way of indictment or summary convictionincarceration
imprisonmentindeterminate sentence
a prison sentence used with dangerous offenders whereby convicts are held until they are no longer considered a threat to societyindictable offence
a serious criminal offence for which the Crown proceeds by way of indictmentinformation
a sworn document stating that the police have reasonable grounds for suspecting a person of having committed an offenceintent
a state of mind in which a person wants to do something and can foresee the resultsintermittent sentence
a prison sentence an offender can serve at intervals, often on weekendsjail
technically, a place of temporary detention such as a remand centre; colloquially, any correctional institutionjob profile
is a concise summary of an occupation that describes its important aspectsjustice of the peace
a judicial officer who does such things as issue arrest warrants, administer oaths, and deal with the release from custody of an accusedknowledge
the understanding of an action that is necessary to establish mens realegislation
a law or laws that have been passed by a governing bodya guilty mind; usually an intention to commit a wrongful act
mistake of fact
the defense that an act was committed because an accused genuinely mistook the facts of the situationmotive
a person's reason for committing an offencenecessity
the defense that an accused had no choice other than to commit an offenceonus of proof
the responsibility of proving something in courtpenitentiary
a federally operated institution that houses prisoners with sentences of two years or moreplea negotiation (or plea bargaining)
an informal pre-trial that usually results in the accused's pleading guilty to a lesser offence in return for a lighter sentencepolygraph
lie detectorpre-sentence report
a report on the accused's background that is prepared to help the judge in sentencingprecedent
a court decision used as the basis for future decisions in similar casespre-emptory challenge
a challenge to the suitability of a possible juror for which no reason need be givenpreliminary hearing
a hearing held before a trial for a serious indictable offence to determine whether the case is strong enough to proceed with a trialprison
technically, a provincially operated institution that houses prisoners with sentences of more than 30 days and up to 2 years less a day; colloquially, any correctional institutiona communication between two or more people that can't be required as evidence in a court of law
probation
a type of sentencing whereby a convicted offender is released on certain conditionsprobation order
a court order whereby a convicted offender returns to the community under the supervision of a probation officerprotective custody
in a correctional institution, the segregation of prisoners deemed to be at risk from the general inmate populationrecklessness
a mental attitude whereby no attention is paid to the possible consequences of an actrecognizance
a court document stating that an accused understands that he or she is accused of a crime and that he or she must attend courtrehabilitation
the sentencing objective of helping offenders turn their lives around and become productive members of societyrespondent
the party opposing an appealrestitution
the performance of some action with the intention of paying back someone you have wrongedrestorative justice programs
programs that emphasize healing, forgiveness, and community involvement in dealing with crimeretribution
the sentencing objective of simply paying back wrongdoers for the harm they have donesearch warrant
a document issued by a justice of the peace or a judge authorizing the police to search a building, receptacle, or placesegregation
the sentencing objective of keeping offenders away from the rest of society to protect society from themsequester
keep a jury isolated from the outside world until it reaches a decisionspecific-intent offence
a crime that requires the wrong-doer to have intended to commit yet another offencestatute
a law passed by a governing bodystrict liability offence
an offence for which no mens rea need be established but for which an accused may be allowed the defense that reasonable preventative steps were taken
summary conviction offence
a relatively minor criminal offencesummons
an order to appear in courtsuspended sentence
a judgement whereby if an offender meets certain conditions, no sentence is giventrial de novo
a completely new trial ordered by an appellate courtundertaking
a court document containing conditions an accused agrees to upon release, pending a hearingvictim impact statement
a statement made by the victim of a crime about the effect the crime has had on his or her life to assist the judge in deciding on a sentencewarrant for arrest
a court order giving the police the right to arrest a suspect and bring him or her before the courtswillful blindness
the failure to make an inquiry, knowing that you should, because you donβt want to know the truth