Flashcards
Law--Defences
Cards in this deck (23)
- 1What are the three main arguments that an accused may use in his or her defense?Dispute actus reus(didn't commit)
Dispute mens rea(no intent)
Justify committing it - 2What is an alibi and what are the three components necessary?Alibi is arguing the accused was not at the crime scene;
1. A statement by the accused saying they weren't there
2. An explanation of where they were
3. Names of witnesses who can confirm the alibi - 3Give an example of a strong and weak alibiAn alibi is strong if all three components exist, and a full and reliable alibi can be presented.
It is weak if there are no witnesses, or if one or more of the three components are missing - 4What is automatism and what are the two types?Automatism is an involuntary act by one who cannot control their actions in a state of impaired consciousness; can be insane or non-insane
- 5Explain what insane automatism is, and what happens if it is proven.Insane automatism is linked to a disease of the mind, if proven the accused may be declared not criminally responsible
- 6What must happen before an NCR case can be brought to trial?The accused must be deemed fit to stand trial
- 7What questions do a fitness hearing ask?(There's three)1. Does the accused understand they're on trial?
2. Does the accused understand the consequences?
3. Is the accused able to communicate with their lawyers? - 8Explain non-insane automatism, and how one may enter this state.Accused committed crime in a temporary state of impaired consciousness. Can be caused by a physical blow, sleepwalking, consuming drugs, a stroke, and severe psychological trauma.
- 9Explain the intoxication defence and its use.The accused was intoxicated so there was no mens rea. A partial defence; accused could not form specific intent, but may be guilty of general intent. Can lower conviction or reduce sentence.
- 10Explain "the carter defence"Specifically for drinking & driving cases, evidence to the contrary aimed to dispute evidence put forth. (Claiming breathalyzer was inaccurate).
- 11Explain self-defence and its useLegal use of reasonable force in order to defend yourself and your property, amount of force should not be excessive, or more than necessary.
- 12Explain battered woman syndromePsych-condition caused by severe and prolonged domestic violence.
- 13What is the difference between battered woman syndrome and traditional self defence?Self defence usually involved immediate danger, whereas in battered woman syndrome, the danger may be constant.
- 14When was BWS first recognized as a defence? (skip if not pressing)R v. Lavalee, 1990
- 15Explain necessity and its use.The accused was forced to commit a criminal act due to danger, can only be used in a situation with imminent risk
- 16Explain duress and its use.When someone is threatened or coerced to do something against their will. Accused must be forced to commit crime as a result of imminent danger.
- 17Explain Mistake of Fact.A lack of mens rea due to an honest mistake.
- 18Differentiate between ignorance of the law, and mistake of fact.Ignorance of the law, is not a valid defence, but ignorance of the facts (not understanding the full details of the situation) is valid
- 19Explain entrapment.Police action induces a person to commit a crime.
- 20What happens if entrapment can be proven?The court can dismiss charges immediately
- 21What is double jeopardy, and when is it brought up in trial?Being tried for the same offence twice, not allowed, usually as a pre-trial motion
- 22What are the two forms of double jeopardy?Autrefois acquit--accused already acquitted of the charges
Autrefois convict--accused already convicted of the charges - 23Explain provocation and its level of defenceA person is provoked to lose self-control, and as a result commits a crime; can be used as a partial defence to justify the accused's actions.
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- Flashcards on Law--Defences, created by Dapo Folami on 08/06/2015.
- Created by
- Dapo Folami · Jun 2015
- Updated
- Feb 19, 2016
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