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SOC 327 > 327-M7 - The Criminal Court Process > Flashcards

327-M7 - The Criminal Court Process Flashcards

1
Q

Judicial Interim Release is colloquially referred to as…

A

Bail

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2
Q

What are the three grounds for the denial of a judicial interim release?

A
  1. Primary - rensuring the attendance to court
  2. Secondary - to prevent further offences
  3. Tertiary - to maintain confidence in the administration of justice
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3
Q

What kinds of circumstances (general adjectives) can justify the denial of bail?

A

Heinous, exceptional, or rare circumstances.

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4
Q

show cause hearing

A

a hearing where the crown establishes the causes behing bail release DENIAL, 24 hours after the decision

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5
Q

What two areas of the court processes can hearsay evidence be used?

A

Show cause hearings (denial of bail) and as an influencing factor in determining a sentence

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6
Q

reverse onus

A

where the accused presents reason why they shouldn’t be denied bail during a show cause hearing

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7
Q

What are some examples of the rules in bail/judicial interim release?

A
  • meeting a bail supervisor
  • abstaining from alcohol and drugs
  • surrendering passport
  • no contact with certain individuals
  • curfew
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8
Q

Surety

A

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

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9
Q

On remand

A

a term used to describe the pre-trial custody of people who have been denied bail

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10
Q

What are the two reasons to explain the increase of people in remand?

What is the bill that might change this trend?

A
  • more onus situations
  • judges emphasizing the tertiary ground (mainting confidence in the administration of justice)

Bill C-75 - formally introducing restraint in Canadian legislation

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11
Q

Three types of bargaining in plea agreements

A
  1. charge bargaining
  2. sentence bargaining
  3. fact bargaining
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12
Q

What is the difference between charge bargainig and sentence bargaining?

A

either/both can be used in plea agreements

charge relates to the offence
sentence relates to the punishment

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13
Q

What are the pros and cons of plea bargaining?

A

Pro: saving time and money

Con: unfair power dynamic leading to more guilty pleas, no legislation or formal policies, lack of role for victims

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14
Q

electable offences

A

related to the trial procedure, where the accused is allowed to choose (“elect”) their mode of trial

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15
Q

What is the trial procedure for summary offences?

A

ALWAYS provincial, judge ONLY

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16
Q

What is the trial procedure for indictable offences?

where are they held?

A

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

17
Q

What is Bill C-75’s impact on preliminary inquiries?

A

restricts them for more serious offences

these slow down court processes

18
Q

What characteristics should jurors have?

A

impartial, competent, and representative

19
Q

Whose responsibility is it to make sure the juries are adept?

A

Crown

20
Q

What are the two types of challengers lawyers can use to rid jurors?

A

For cause: excused for impartiality

Premptory: either side can exclude without rationale, this system has more choices with more serious offences

21
Q

What does a hung jury lead to?

A

Mistrial. New jury or dropping the case

22
Q

Jury Nullification

A

When a jury disregards the applicable laws in obvious cases.

23
Q

Bertillon

A

Father of Modern Forensics

mug shots, crime scene photography

24
Q

Locard

A

exchange principle

25
Q

Exchange principle

A

If the offender comes into contact with objects at the crime scene, then the offender will leave traces of that contact on the objects

26
Q

Münsterberg

A
  • people in Fear and under Fatigue are more likely to falsely confess
  • eyewitness: 2 people see event but have 2 different accounts
27
Q

Examples of factors that inhibit perfect eyewitness testimony

A
  • limitations in memory
  • self confidence
  • desire to ID
  • social influences
  • faulty instructions
28
Q

Sequential line-up

A

showing photos one at a time so witnesses can ID them properly

29
Q

Two types of false confessions

A

voluntary and coerced

30
Q

What are some factors that result in voluntary false confessions?

A
  1. desire of immorality
  2. desire of punishment
  3. unable to distinguish fantasy and reality
  4. protecting actual convicts
31
Q

What are the two types of coerced confessions?

A
  1. compliant: complying to the stressful interrogation circumstances
  2. internalized: actually believing they have done the crime.
32
Q

Reid technique

A
  1. high pressure
  2. sympathy and understanding/help
33
Q

The misinformation effect

A

Where stereotypes and context can influence a misinformed recall

34
Q

The two parts of the cognitive interview

A
  1. free recall
  2. cognitive reinstatement

SOC 327 (13 decks)

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