the current federal legislation dealing with youth criminals that became law in 2003
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precedent
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recorded decisions of judges
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conditional sentence
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a sentence for a crime of a term of less and 2 years that is served in the community if the offender meets certain conditions
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legal rights
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legal safeguards for your procedural rights in the criminal justice system
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remedy
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a method to enforce your rights in courts
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parole
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the release of an inmate into the community before the sentence has been fully served
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summary conviction offence
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a minor criminal offence that is tried in a provincial court
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mobility rights
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the right to enter, remain in, and leave Canada
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burden of proof
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the responsibility for proving a criminal case in court
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homicide
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the killing of another person, directly or indirectly
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alibi
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a defence that the accused was in a different place, not at the scene of the crime, when it took place
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group home
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a home with trained staff that houses several youth criminals for a set period for rehabilitation
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oath
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a promise to tell the truth
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duress
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forcing someone to do something by threatening harm
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victim impact statement
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a statement made by the victim outlining the impact of the offence
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plaintiff
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the person who sues in a civil action
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Young Offenders Act
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federal legislation that replaced the Juvenile Delinquents act in 1984
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soliciting
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communicating for the purposes of prostitution
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manslaughter
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killing another person by committing an unlawful act with only general intent
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complainant
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a person who makes an allegation of discrimination
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search warrant
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a document giving police the right to search a person's home
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battered woman syndrome
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used to describe a psychological condition caused by consistent and/or severe domestic violence
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common law
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a system of law from England based on common law
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Crown attorney
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counsel that represents society in a criminal trial
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suspended sentence
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a delayed sentence
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writ of habeas corpus
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the accused's opportunity to tell a judge about the arrest; must be held within 24 hours of the arrest
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citizen's arrest
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an arrest made by a regular citizen after witnessing a criminal act
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mens rea
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'guilty mind'
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fundamental freedoms
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include freedom of expression and freedom of religion
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detained
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to be kept in custody or temporarily confined
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Criminal Code
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the main source of criminal law in Canada
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circumstantial evidence
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indirect evidence
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incarceration
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imprisonment or confinement
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accommodation
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removing a barrier or changing a policy so crimination does not occur
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arbitration
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a process more formal than mediation for resolving disputes between persons through a third party
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perjury
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knowingly giving false evidence with the intent to mislead
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alternative measures program
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programs under the YOA for first-time, nonviolent offending youth
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hung jury
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a jury that cannot reach a unanimous decision
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pay equity
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equal payment for work of equal value
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lobby
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to seek to influence the government to make certain laws
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double jeopardy
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to be tried twice for the same offence
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respondent
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the person alleged to have committed an act of discrimination
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sequester
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to isolate a jury until members reach a decision
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entrapment
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a police action that encourages or aids a person to commit an offence
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NCR
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when a person who has committed a crime has a disease of the mind that made him/her incapable of appreciating the nature of the act or knowing the act was wrong
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hybrid offence
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an offence that the Crown can prosecute as either an indictable or summary offence
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restorative justice
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an approach to the law that emphasizes healing, forgiveness and community involvement
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Code of Hammurabi
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one of the earliest forms of written law
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break and enter
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to enter another's premises by breaking or opening anything that is closed
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actus reus
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'a wrongful decision'
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Section 2
(10 cards)
litigation
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the legal action to settle a civil dispute
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trespass
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to enter another person's property without consent or legal right
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slander
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defamation in oral form
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custody
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in family law, the care and control of a child awarded by the court
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annulment
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a court ruling that a relationship was never a marriage
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common law relationship
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a close relationship between two people who live together as a married couple but who are not legally married
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tort
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a wrong or injury that may be intentional or unintentional
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punitive damages
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money awarded to a plaintiff to punish the defendant for bad or uncaring behaviour
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libel
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defamation in written form
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injunction
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a court order ordering a person to do or not do something