Criminal Law Glossary

abetting
the crime of encouraging the perpetrator to commit an offence
absolute discharge
releasing a convicted offender and erasing his or her criminal record after one year
absolute liability
culpability based on the commission of an actus reus without regard to the mens rea
accessory after the fact
someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police
accused (or defendant)
in criminal court, the person charged with committing a criminal offence
acquitted
found not guilty of an offence (n. acquittal)
actus reus
Latin for “the guilty act”, which refers to a voluntary action, omission or state of being that is forbidden by the Criminal Code
adversarial system
the judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury
affidavit of documents
a list of all documents that may be used at a trial - each side in the case has the right to examine them
aggravated assault
wounding, maiming, disfiguring, or endangering the life of the victim
aggravating factors
circumstances that increase the severity of an offender’s sentence
aiding
a criminal offence that involves helping a perpetrator commit a crime
alibi
a defence raised by the accused claiming that he or she were somewhere else when the crime occurred
an application to a higher court to review the decision made by a lower court
appearance notice
a legal document, usually issued for less serious offences, compelling an accused person to appear in court
appellant
the party that files an appeal
arraignment
the first stage of a criminal trial in which the court clerk reads the charges and the defendant enters a plea
arrest
legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody
arrest warrant
a written court order directing the arrest of the suspect
assault
threatened or actual physical contact without consent; offensive conduct that causes reasonable apprehension of imminent harm in the mind of the intended victim
assault with a weapon or causing bodily harm
injuring a person in a way that has serious consequences for the victim’s health or comfort
automatism
a condition in which a person acts without being aware of what he or she is doing (used as a defence in criminal actions)
bail
the temporary release of the accused who posts money or some other security to guarantee his or her court appearance
bailiff
the court official who assists the sheriff
balance of probabilities
the weighing of evidence to decide whether it is the plaintiff’s or the defendant’s version of the events that is more convincing or likely to be correct
bench warrant
an arrest warrant issued directly by the judge when an accused person fails to appear in court
beyond a reasonable doubt
a standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence
burden of proof
the responsibility to prove one’s case in court; in criminal law, the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt; in civil law, the plaintiff’s obligation to prove his case on a balance of probabilities
circumstantial evidence
indirect evidence that leads to a reasonable inference of the defendant’s guilt
complainant
the person making an allegation of discrimination
conditional discharge
releasing a convicted offender under certain terms and erasing his or her criminal record after three years, provided the terms have been met
conditional release
serving part of a sentence in the community under supervision
crime
an act or omission of an act that is prohibited and punishable by federal statute
crime scene
the site where the offence took place
criminal law
a category of public law that prohibits and punishes behaviour that injures people, property and society as a whole
criminal negligence
wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death
cross-examination
the second questioning of a witness to test the accuracy of the testimony; performed by the opposing counsel
Crown attorney
the lawyer representing the government’s interests in prosecuting criminal offenders
culpability
guilt; blameworthiness
culpable homicide
a killing for which the accused can be held legally responsible, such as murder, infanticide or manslaughter
dangerous offender
someone who constitutes a threat to the life, safety, or well-being of others
defence counsel
the lawyer who represents the defendant’s interests
the party being sued in a civil action; also the party charged with an offence in a criminal action
direct evidence
testimony given by a witness to prove an alleged fact
due diligence
the defence that the accused took every reasonable precaution to avoid committing a particular offence
duty counsel
a lawyer on duty in a courtroom or police station to give free legal advice to persons arrested or brought before the court
duty of care
the obligation to foresee and avoid careless actions that might cause harm to others
first-degree murder
a killing that is planned and deliberate, is the result of a contract, causes the death of a peace officer, or occurs during the commission of another serious crime
forensic science
the use of biochemical and other scientific techniques to analyse evidence in a criminal investigation
full parole
conditional release from custody after serving one-third to one-half of a sentence
habeas corpus
a court order designed to prevent unlawful arrest by ensuring that anyone detained is brought before a court within a reasonable amount of time; Latin for “you must have the body”
homicide
the killing of another human being, either directly or indirectly
hung jury
a jury that cannot reach a unanimous verdict and, consequently, is dismissed from the case
hybrid offence
an offence which the Crown can try either as a summary conviction offence or and indictable offence; also known as a dual procedure offence
indeterminate sentence
a sentence that allows an offender to be held for an indefinite period of time
indictable offence
a serious crime that carries a heavier penalty than a summary conviction offence
infanticide
the killing of a newborn infant by the child’s mother
insane automatism
a condition, caused by a mental disorder, in which a person acts without being aware of what he or she is doing
intent
a state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences
jury
in criminal law, a group of 12 people who decide whether the accused is guilty or not guilty; in civil law, a group of 6 people (in most provinces) who decide for the plaintiff or the defendant
jury panel
the large group of randomly selected citizens from which jury members are chosen
justice of the peace
a court official who has less authority than a judge but can issue warrants and perform other judicial functions
latent fingerprints
a print formed by natural oils and perspiration on the fingertip that is invisible to the naked eye
liability
manslaughter
any culpable homicide that is not murder or infanticide
mens rea
Latin for “the guilty mind”; a deliberate intention to commit a wrongful act, with reckless disregard for the consequences
mental disorder
defined in the Criminal Code as a “disease of the mind”
murder
the intentional killing of another human being
negligence
careless conduct that causes foreseeable harm to another person
non-culpable homicide
a killing for which a person cannot be held legally responsible, such as one that results from an unforeseeable accident
non-insane automatism
a condition caused by an external factor, such as a concussion or medication, in which a person acts without being aware of what he or she was doing
pardon
the setting aside of a person’s record of conviction
parole
release of an inmate, on a promise of good behaviour, into the community before the full sentence is served
peace officer
a person responsible for preserving the public peace, such as a police officer, a mayor, or a customs officer

perjury
the criminal offence of knowingly making false statements in court while giving evidence under oath or affirmation
plaintiff
the party initiating a legal action
plea bargain
a negotiated deal whereby the accused pleads guilty in exchange for a lighter sentence
pleadings
documents stating the claims and defences of the parties involved in a civil action
police log
a written record of what an officer has witnessed
preliminary hearing
a judicial inquiry to determine whether there is sufficient evidence to put the accused on trial
probation
a sentence that allows a convicted offender to live in the community under the supervision of a parole officer
promise to appear
a signed agreement that an accused person will appear in court at the time of the trial
protective custody
separation of dangerous offenders for their own protection from the rest of the prison population
punitive (or exemplary) damages
damages imposed to punish the defendant for reprehensible conduct
quasi-criminal laws
laws covering less serious offences at the provincial or municipal level; most often punishable by fines
racial profiling
a practice relying on racial stereotypes rather than reasonable suspicion to single out persons for greater scrutiny in law enforcement
reasonable grounds
information that would lead a reasonable person to conclude that the suspect had committed a criminal offence
reasonable limits
restrictions on rights and freedoms that are imposed if the merits of the limits are determined to advance society’s interests
recklessness
consciously taking an unjustifiable risk that a reasonable person would not take (adv. reckless)
rehabilitation
treatment and training programs designed to help jailed offenders function in society
respondent
the party that responds to an appeal; also, the person or organization being sued in a legal action, such as a divorce or complaint of discrimination
restitution
punishment that requires the offender to pay the victim or society back for the harm or loss caused by the crime
retribution
punishing an offender for revenge or to satisfy the public that the offender has paid for the crime
reverse onus
shifting the burden of proof to the defence
Rule of Law
a three-part principle of justice stating that the law is necessary to regulate society, the law applies equally to everyone, and people are not governed by arbitrary power
search warrant
a court document that gives the police the right to search a specific location
second-degree murder
any murder that does not fit into one of the four situations listed in the category of first-degree murder
self-defence
the legal right to use reasonable force to protect oneself against injury from another
sentence
punishment imposed on a person convicted of committing a crime
sentencing circle
an alternative measures program used in the Aboriginal community that involves a process of healing for both the victim and the offender
sentencing hearing
the judge’s opportunity to consider all the facts and listen to recommendations before passing sentence
specific intent
the mental intent to commit a specific act prohibited by law, where the accused’s intent goes beyond the prohibited act itself to include another, criminal purpose
strict liability
culpability based on the commission of an actus reus and inability to prove the defence of due diligence
summary conviction
term used describe an offence under the Criminal Code, prosecuted in a manner less complex and carrying penalties less severe than an indictable offence
summons
a document designed to ensure an accused’s attendance in court; issued by a justice or judge after an arrest is made
testimony
the verbal presentation of a witness in a judicial proceeding.


verdict
the decision of a judge or jury. In criminal cases, this is usually expressed as "guilty" or "not guilty". In a civil case, the verdict would be a finding for the plaintiff or for the defendant.
victim impact statement
verbal or written statement given by a victim or victim’s family to describe the personal consequences of the crime
voir dire
a mini-hearing held during a trial on the admissibility of contested evidence. For example, a defendant may object to a plaintiff's witness. The court would suspend the trial, immediately preside over a hearing on the standing of the proposed witness, and then resume the trial with or without the witness, or with any restrictions placed on the testimony by the judge as a result of the voir dire ruling. In a jury trial, the jury would be excused during the voir dire.
warrant
grant of judicial authority to arrest or search
wire-tapping
an electronic surveillance device which secretly listens in and records conversations held over a phone line. It is usually only allowed with the permission of a judge and if it can be shown to be necessary for the solving of a serious crime.
witness
the regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony).
young offender
Young persons who, in many states, are treated differently than adult criminals and are tried in special youth courts. In Canada, for example, criminal suspects between 12 and 17 inclusively are processed under the Young Offenders Act, which includes several provisions which reflect the rehabilitative nature of the legislation. (Now see Youth Criminal Justice Act.)