The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with the justification of self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be gravely disabled or to be a danger to themself or to others.
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment.
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment.
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung juries usually result in the case being tried again.
Blakely v. Washington, 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant. The landmark nature of the case was alluded to by Justice Sandra Day O'Connor, who characterized the decision as a "Number 10 earthquake".
Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities commonly used in civil cases because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty, or in extreme cases, life, as well as suffering the collateral consequences and social stigma attached to a conviction. The prosecution is tasked with providing evidence that establishes guilt beyond a reasonable doubt in order to get a conviction; albeit prosecution may fail to complete such task, the trier-of-fact's acceptance that guilt has been proven beyond a reasonable doubt will in theory lead to conviction of the defendant. A failure for the trier-of-fact to accept that the standard of proof of guilt beyond a reasonable doubt has been met thus entitles the accused to an acquittal. This standard of proof is widely accepted in many criminal justice systems, and its origin can be traced to Blackstone's ratio, "It is better that ten guilty persons escape than that one innocent suffer."
Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11.
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and several other peripheral statutes.
R v Zundel [1992] 2 S.C.R. 731 is a Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code that prohibited publication of false news on the basis that it violated the freedom of expression provision under section 2(b) of the Canadian Charter of Rights and Freedoms.
Gilbert Paul Jordan, known as The Boozing Barber, was a Canadian serial killer who is believed to have committed the so-called "alcohol murders" in Vancouver, British Columbia.
Pappajohn v R, [1980] 2 S.C.R. 120 is a famous Supreme Court of Canada decision on the criminal defence of mistake of fact.
The British Columbia Legislature raids resulted from search warrants executed in 2003 on the British Columbia Parliament Buildings, the seat of the British Columbia Legislature, the government of the Canadian province of British Columbia. It became a collective term for the associated criminal proceedings and ensuing controversies. Court hearings stemming from the raids began in Supreme Court of British Columbia in April 2007. The proceedings brought to light questions concerning the propriety of the sale of railway company BC Rail. In October 2010, ministerial aides Dave Basi and Bob Virk pleaded guilty to breach of trust and receiving a benefit for leaking information about the BC Rail bidding process.
Robert Christian Pickton, also known as the Pig Farmer Killer or the Butcher, is a Canadian serial killer, serial rapist, former pig farmer and possible cannibal who is suspected of being one of the most prolific serial killers in Canadian history. After dropping out of school, Pickton left a butcher's apprenticeship to begin working full-time at his family's pig farm. He is believed to have begun his murders in the early 1980s after inheriting the farm. Arrested in 2002, he was convicted in 2007 of the second-degree murders of six women and was also the subject of a lengthy investigation that yielded evidence of numerous other murders.
Racial discrimination in jury selection is specifically prohibited by law in many jurisdictions throughout the world. In the United States, it has been defined through a series of judicial decisions. However, juries composed solely of one racial group are legal in the United States and other countries. While the racial composition of juries is not dictated by law, racial discrimination in the selection of jurors is specifically prohibited. Depending on context, the phrases "all-white jury" or "all-black jury" can raise the expectation that deliberations may be unfair.
A bylaw enforcement officer is an employee of a municipality, county or regional district, charged with the enforcement of local ordinance—bylaws, laws, codes, or regulations enacted by local governments. Bylaw enforcement officers often work closely with police and other law enforcement agencies, but are generally not considered emergency services.
Winston Blackmore is the leader of a polygamous Fundamentalist Latter Day Saint religious group in Bountiful, British Columbia, Canada. He is described as "Canada's best-known avowed polygamist". He has 150 children with his 27 "spiritual" wives, some of whom he has admitted were underage.
A Gladue report is a type of pre-sentencing and bail hearing report that a Canadian court can request when considering sentencing an offender of Indigenous background under Section 718.2(e) of the Criminal Code.
Patrick Dohm was the Associate Chief Justice of the Supreme Court of British Columbia for 15 years.