327-M7 - The Criminal Court Process Flashcards
Judicial Interim Release is colloquially referred to as…
Bail
What are the three grounds for the denial of a judicial interim release?
- Primary - rensuring the attendance to court
- Secondary - to prevent further offences
- Tertiary - to maintain confidence in the administration of justice
What kinds of circumstances (general adjectives) can justify the denial of bail?
Heinous, exceptional, or rare circumstances.
show cause hearing
a hearing where the crown establishes the causes behing bail release DENIAL, 24 hours after the decision
What two areas of the court processes can hearsay evidence be used?
Show cause hearings (denial of bail) and as an influencing factor in determining a sentence
reverse onus
where the accused presents reason why they shouldn’t be denied bail during a show cause hearing
What are some examples of the rules in bail/judicial interim release?
- meeting a bail supervisor
- abstaining from alcohol and drugs
- surrendering passport
- no contact with certain individuals
- curfew
Surety
a friend or family member of an accused individual who agrees to ensure their attendance in court
one accused indiviudal typically has 3-4 sureties
On remand
a term used to describe the pre-trial custody of people who have been denied bail
What are the two reasons to explain the increase of people in remand?
What is the bill that might change this trend?
- more onus situations
- judges emphasizing the tertiary ground (mainting confidence in the administration of justice)
Bill C-75 - formally introducing restraint in Canadian legislation
Three types of bargaining in plea agreements
- charge bargaining
- sentence bargaining
- fact bargaining
What is the difference between charge bargainig and sentence bargaining?
either/both can be used in plea agreements
charge relates to the offence
sentence relates to the punishment
What are the pros and cons of plea bargaining?
Pro: saving time and money
Con: unfair power dynamic leading to more guilty pleas, no legislation or formal policies, lack of role for victims
electable offences
related to the trial procedure, where the accused is allowed to choose (“elect”) their mode of trial
What is the trial procedure for summary offences?
ALWAYS provincial, judge ONLY
What is the trial procedure for indictable offences?
where are they held?
Provincial for least serious cases (judge ONLY)
Superior for more serious cases, judge and jury, UNLESS accused and crown agree to waive the right to trial
What is Bill C-75’s impact on preliminary inquiries?
restricts them for more serious offences
these slow down court processes
What characteristics should jurors have?
impartial, competent, and representative
Whose responsibility is it to make sure the juries are adept?
Crown
What are the two types of challengers lawyers can use to rid jurors?
For cause: excused for impartiality
Premptory: either side can exclude without rationale, this system has more choices with more serious offences
What does a hung jury lead to?
Mistrial. New jury or dropping the case
Jury Nullification
When a jury disregards the applicable laws in obvious cases.
Bertillon
Father of Modern Forensics
mug shots, crime scene photography
Locard
exchange principle
Exchange principle
If the offender comes into contact with objects at the crime scene, then the offender will leave traces of that contact on the objects
Münsterberg
- people in Fear and under Fatigue are more likely to falsely confess
- eyewitness: 2 people see event but have 2 different accounts
Examples of factors that inhibit perfect eyewitness testimony
- limitations in memory
- self confidence
- desire to ID
- social influences
- faulty instructions
Sequential line-up
showing photos one at a time so witnesses can ID them properly
Two types of false confessions
voluntary and coerced
What are some factors that result in voluntary false confessions?
- desire of immorality
- desire of punishment
- unable to distinguish fantasy and reality
- protecting actual convicts
What are the two types of coerced confessions?
- compliant: complying to the stressful interrogation circumstances
- internalized: actually believing they have done the crime.
Reid technique
- high pressure
- sympathy and understanding/help
The misinformation effect
Where stereotypes and context can influence a misinformed recall
The two parts of the cognitive interview
- free recall
- cognitive reinstatement
