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SOC 327 > Ch. 6 - Criminal Procedure and Evidence > Flashcards

Ch. 6 - Criminal Procedure and Evidence Flashcards

1
Q

What is included in the prosecution’s analysis?

A

Evidential test and public interest test.

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2
Q

What is an evidential test?

A

Is there sufficient admissible evidence to result in a conviction?

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3
Q

What is the public interest test?

A

Is it in the public interest to prosecute?

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4
Q

What did the Stinchcombe Rule (1991) introduce?

A

The defendant’s right to disclosure of the case against them.

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5
Q

What must the crown prosecutor disclose?

A

Details of the case, charges, and the evidence.

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6
Q

Does the defence have to disclose anything?

A

No.

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7
Q

What is the formal term for bail?

A

Judicial interim release.

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8
Q

With regards to bail, what does the Charter provide rights to?

A

Right to not be denied reasonable bail and to not be denied bail without just cause.

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9
Q

If you are denied bail, what state are you in?

A

Pretrial detention.

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10
Q

When would someone be denied bail?

A

If they are a flight risk, danger to the community, or if pretrial detention is necessary to instil confidence.

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11
Q

Release may be on the basis of…?

A

An undertaking or recognizance.

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12
Q

What is an undertaking with regards to release?

A

A requirement that they must appear.

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13
Q

What is recognizance with regard to release?

A

If they fail to show up, they or someone they know would have to pay a fee.

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14
Q

What is the trial procedure for summary offences?

A

The accused appears before a provincial court judge. The judge sits alone.

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15
Q

What is the trial procedure for less serious indictable offences?

A

The accused is tried in provincial court in front of a judge sitting alone.

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16
Q

What is the trial procedure for more serious indictable offences?

A

The accused is tried in superior court with a jury, unless both the accused and the provincial attorney general agree to waive the right to a jury trial.

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17
Q

What are the choices for electable offences?

A

Trial by provincial court judge, trial by superior court judge alone, trial by superior court judge and jury.

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18
Q

What is the minimum sentence length required to have the right to trial by jury?

A

5 years.

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19
Q

Which side does the burden of proof lie with?

A

The prosecution. They must prove guilt beyond a reasonable doubt.

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20
Q

What is a preliminary hearing/inquiry?

A

A hearing/inquiry conducted by a provincial court judge before cases are forwarded to superior court for trial. They determine whether there is sufficient evidence to proceed with trial.

21
Q

What is a plea bargain?

A

A plea of guilty in exchange for some benefit.

22
Q

What is the benefit of plea bargains?

A

Saves the system time and money.

23
Q

What is an argument against plea bargains?

A

They’re almost entirely in the favour of the prosecution.

24
Q

What are juries used for?

A

To determine the facts of the case.

25
Q

In a trial by jury and judge, who determines guilt?

A

Judge.

26
Q

What does a hung jury result in?

A

A mistrial.

27
Q

What is double jeopardy?

A

Ensures that one cannot be tried again for an offence for which there was a previous conviction of acquittal.

28
Q

What is jury nullification?

A

When a jury disregards the applicable laws and “nullifies” them.

29
Q

What are the three main types of defences?

A
  • “You’ve got the wrong person”
  • Excuse based
  • Procedural
30
Q

What are some examples of excuse-based defences?

A

Self-defence, duress, necessity, consent of victim, automatism, NCRMD, battered woman’s syndrome.

31
Q

What is automatism?

A

Actions without conscious thought or intention (no mens rea).

32
Q

What are examples of procedural defences?

A

Validity of law, validity of prosecution, admissibility of evidence.

33
Q

Evidence must be… (4 things)

A

Legally obtained, relevant, the best evidence, testable.

34
Q

What makes evidence relevant?

A

Must make one version of the case more or less likely.

35
Q

What is admissibility determined by?

A

Voir dire.

36
Q

What is voir dire?

A

A trial within the trial where the judge hears whether or not the evidence should be used or not.

37
Q

What are the 4 purposes of evidence?

A

Demonstrative, illustrative, direct, circumstantial.

38
Q

What is demonstrative evidence?

A

Used to show rather than tell; non-testimonial evidence.

39
Q

What is illustrative evidence?

A

Used by someone to show something; e.g., maps, charts, reenactments, accident reconstructions.

40
Q

What is direct evidence?

A

Used to tell the story of the case; supporting a proposition directly.

41
Q

What is circumstantial evidence?

A

Used to infer a conclusion; can’t stand on its own but can be used to support.

42
Q

What are the 3 types of evidence?

A

Real, documentary, testimonial.

43
Q

Who can initiate an appeal?

A

Either the prosecution or the defence.

44
Q

What are the options for an appellate court when cases are presented?

A

Refuse to hear the appeal, hear the appeal and dismiss it, order a retrial, overturn the conviction, substitute a conviction for a lesser offence.

45
Q

Who are federally appointed judges accountable to?

A

The Canadian Judicial Council

46
Q

Who are provincially appointed judges accountable to?

A

Local councils.

47
Q

What are the sanctions for judicial wrongdoing?

A

Reprimand, counselling, education, apology, leave of absence, removal from the bench.

48
Q

What are some issues with judicial accountability?

A

Judges are appointed for life, councils are comprised of other judges, intimidation likely prevents many complainants from going forward.

SOC 327 (19 decks)

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