Podcast
Questions and Answers
What is one way an accused can defend themselves in a criminal trial?
What is one way an accused can defend themselves in a criminal trial?
- Blaming an accomplice
- Arguing a previous good character
- Disputing the actus reus (correct)
- Claiming they were unaware of the law
Why should an alibi be supplied early in the case?
Why should an alibi be supplied early in the case?
- To allow proper investigation by police and crown (correct)
- To appear cooperative with law enforcement
- To increase the chance of a lighter sentence
- To avoid prejudicing the court
What happens if an accused does not testify regarding their alibi?
What happens if an accused does not testify regarding their alibi?
- The jury is still obliged to consider the alibi
- The credibility of the alibi cannot be assessed (correct)
- It ensures a faster trial process
- They automatically win the case
What was the primary reason the Ontario Court of Appeal ordered a new trial for Maracle?
What was the primary reason the Ontario Court of Appeal ordered a new trial for Maracle?
What conclusion did Justice Glithero reach regarding the classification of Maracle?
What conclusion did Justice Glithero reach regarding the classification of Maracle?
In assessing Maracle's alibi, what did the trial judge imply about its disclosure timing?
In assessing Maracle's alibi, what did the trial judge imply about its disclosure timing?
What was one of the main components of the alibi defence presented at trial?
What was one of the main components of the alibi defence presented at trial?
What role did Dr. Stephen Harper play in the assessment of Maracle's case?
What role did Dr. Stephen Harper play in the assessment of Maracle's case?
Flashcards
Actus Reus
Actus Reus
The physical act of committing a crime. It refers to the guilty act itself.
Mens Rea
Mens Rea
The mental state of the accused at the time of the crime. It refers to the guilty mind.
Alibi Defence
Alibi Defence
An argument used by the defendant in a criminal case where they provide evidence to prove they were not at the scene of the crime at the time it occurred.
Why is an alibi important to disclose early?
Why is an alibi important to disclose early?
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Why should the accused testify about their alibi?
Why should the accused testify about their alibi?
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What are potential consequences of late alibi disclosure?
What are potential consequences of late alibi disclosure?
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Dangerous Offender Designation
Dangerous Offender Designation
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Long-Term Offender Designation
Long-Term Offender Designation
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Study Notes
Criminal Defences
- Accused can use three arguments:
- Deny committing the act (actus reus).
- Lacked criminal intent (mens rea).
- Valid excuse for actions.
Affirmative/Negative Defenses
- Alibi:
- Should be provided early to allow proper police and Crown investigation.
- Accused does not have to testify.
- If testifying, alibi can be crucial for credibility, allowing for cross-examination.
- Example: Maracle case
- Defence presented alibi including denial of meeting victim, attacking victim, and being at home on a specific date(May 26, 1997).
- Supported by sister, mother, and brother.
- Ontario Court of Appeal ordered a new trial due to substantial errors affecting the defence.
Alibi Disclosure
- Trial judge suggesting less weight to alibi because of late disclosure could be prejudicial.
- Impacted ability to confirm alibi with additional witnesses who may have forgotten details.
Serial Rapist Case (Maracle)
- Justice Glithero's decision improved on first trial because it allowed for a more appropriate long-term sentencing instead of indefinite detention as a dangerous offender.
- Psychiatric Assessment: Dr. Stephen Harper's assessment concluded that with rehabilitation and counseling, Maracle had a chance of rehabilitation.
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Description
Explore the key concepts related to criminal defences, including the arguments of actus reus and mens rea. This quiz highlights the significance of alibi in legal proceedings, using the Maracle case as an example. Understand the implications of alibi disclosure and the impact on credibility during trials.
