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Criminal justice systems > Ch 7 > Flashcards

Ch 7 Flashcards

1
Q

4 levels of courts that deal with criminal cases

A
  • Provincial / Territorial Courts
  • Provincial / Territorial Superior Courts
  • Provincial Court of Appeals (Appellate)
  • Supreme Court of Canada
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2
Q

It is a dual & unitary system, a dual court system with_______&_____

A

provincial courts & federal courts

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3
Q

What country has a dual court system, comprised of federal courts for federal laws & state courts for state laws

A

the U.S

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4
Q

what is a unitary court system?

A

where precedent follows clearly from higher to lower courts

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5
Q

what is the lowest level of courts

A

provincial/territorial courts

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6
Q

what is the highest level of court

A

provincial superior courts

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7
Q

Hearing to determine if there is sufficient evidence to justify a trial for more serious offences heard in provincial superior courts

A

Preliminary Inquiry

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8
Q

the provincial/territorial courts consist of….. (hint 4 things)

A
  • less serious cases
  • administered and maintained by the provincial gov
  • no jury
  • division of provincial court

-summary conviction offences, hybrid offences and section 553 indictable offences

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9
Q

Provincial superior courts deal what kinds of offences?

A

serious cases
1) provincially enacted offences

2) summary conviction offences
3) hybrid offences

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10
Q

how are provincial superior course similar to provincial/territorial courts

A

they both are maintained by the provincial government

-judges are appointed and paid for by the provincial government

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11
Q

what two levels does the provincial superior court consist of?

A

1) trial court

2) appeal court

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12
Q

Provincial court of appeal

A
  • reviews decisions of lower courts

- hears criminal appeals

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13
Q

what 2 types of legal appeals are there?

A

1) appeal by rights

2) appeals by leave

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14
Q

appeals by rights

A

If you can afford legal costs you can appeal a decision from a provincial judge & the appellate court must hear the appeal

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15
Q

appeals by leave

A

You are requesting that a higher court hear your appeal, but that court determines if it wants to review your case

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16
Q

where is the Supreme Court of Canada located?

A

ottawa

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17
Q

what does the Supreme Court of Canada do?

A

hears cases from all provinces

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18
Q

How does the Supreme Court of Canada work?

A

9 judges are appointed by the federal gov / governor in council (3 are from Quebec)
- They must have been superior court judges / lawyers with 10 years + standing at the bar

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19
Q

Courtroom Workgroup

A

CJ professional who are present in the courtroom (Judge, Crown attorney & defence lawyers)

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20
Q

role of judges

A
  • to arbitrate & enforce the criminal trial procedure
  • interpret & decide on issues of law
  • try facts in criminal cases w/o a jury
  • determine the type & length of sentence
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21
Q

Paul Weiler outlines what 2 models of judicial decision making

A

1) The Adjudication of Disputes Models

2) The Judicial Policy-Maker Model

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22
Q

Argues that the law is something that “already exists”, & the role of the judge is to find the appropriate law, interpret it & apply it to facts

A

The Adjudication of Disputes Models

23
Q

Argues that the laws have an “unfinished quality” > Laws are words & judges must exercise some creativity in interpreting their meaning

A

The Judicial Policy-Maker Model

24
Q

Judicial Independence

A

Allows judges to apply & interpret the law w/o political / public pressure

25
Judicial independence is protected through what three things?
1) security of tenure 2) financial security 3) institutional independence
26
security tenure
When a judge is appointed to the bench they serve until the age of retirement > Can't be removed from the bench unless their behavior warrants removal
27
Financial Security
Judicial salaries are independent from gov interference
28
Institutional Independence
Administration of courts is independent from public and gov interference > Chief justices in each province manage the litigation process and decide which cases judges will hear
29
Reviews the professional & personal conduct of judges in cases where complaints have emerged
Canadian Judicial Council
30
Justices of The Peace
- Not lawyers whereas judges are - Legal authority of JPs is set out in federal & provincial statutes & regulations - Preside over hearings involving provincial regulatory offences (Liquor & Traffic related), small claims courts, work in court registries, handle court scheduling, issuing search warrants & conduct bail hearings
31
Defence Lawyers
Represent people who are charged with a criminal offence Ensure the rights of the accused are protected throughout the CJ process At trial, they present evidence & questions witnesses, experts, etc to build a case as to the innocence of the accused Cross-examine witnesses for the prosecution and challenge the evidence presented by the Crown
32
Duty Counsel
- 1st point of contact for a person who has been detained / arrested (Advice can be provided via phone / in person) - Can represent an accused in court > Provided as part of a provincial legal aid plan to ensure that persons who can't afford to hire a private lawyer have representation
33
who are crown counsels?
Lawyers who represent the Crown in court & are responsible for prosecuting criminal cases
34
what do crown counsels do?
Provide advice to police officers at the pre-charge stage; prepare for trial and post-trial appeals, plea bargaining, develop trial strategies, manage witnesses, argue conditions of bail, recommend sentences to the court & appeal sentences deemed too lenient
35
at trial the crown....
presents the state’s case to prove beyond a reasonable doubt that the accused is guilty of the offence with which they’ve been charged
36
Prosecutorial Discretion:
Decision-making powers of Crown Attorneys and the discretion available to them when deciding to press criminal charges
37
Prosecutorial Discretion must consider ....
whether there is (a) Substantial likelihood of a successful conviction and (b) Whether there is public interest in prosecuting an individual
38
_______Appoint staff, manage court finances, sign orders & judgments, receive & record documents filed in the court, certify copies of court proceedings & on request, the court reporter can make a word for word transcript of everything that is said during trial (Verbatim)
Court administrators
39
____Assist in jury management, escort accused / convicted persons & provide security in the courtroom In some provinces, they serve legal documents, seize goods & collect fines
sheriffs
40
Sources of Case Delay
- Lack of judicial resources - Ineffective use of resources - Not enough judges - Complexity of criminal cases - Inadequate case flow management by chief & trial judges - Efforts of defense counsel to lengthen the period that accused persons are confined prior to trial on remand (They’re given 1.5 for 1-day credit for jail time served prior to sentencing)
41
R. V. Jordan Decision
Prior to the Jordan decision, judges could determine that case delay violated a persons constitutionally guaranteed right under section 11 of the charter > 11(b)” Any person charged with an offence has the right to be tried within a reasonable time”
42
Jordan Decision
Sets a framework for determining what constitutes a reasonable delay
43
Case Study – Adam Picard
- charged w 1st degree murder in the shooting death of 28 yr old Fouad Nayel - walked free - the stay of proceedings in this case was the result of a landmark supreme art decision R.V Jordan
44
Stay of Proceedings
Act by the crown to terminate / suspend court proceedings after they’ve commenced
45
Canadian government separated into 3 branches
1. Executive 2. Legislative 3. Judicial
46
problem solving courts
Specialized courts that are designed to divert offenders with special needs from the criminal justice system.
47
The three defining attributes of problem-solving courts are
(1) a focus on addressing the underlying problems of offenders, victims, and communities (2) interagency and interdisciplinary collaboration (3) accountability to the community.
48
Therapeutic justice
An approach in problem-solving courts that uses the law and the court’s authority as change agents to promote the health and well-being of offenders, while ensuring that their legal rights are protected and that justice is done.
49
Mental health court
Reduce the criminalization of the mentally ill; operate at pre- and post-charge stage
50
Drug Treatment Court (DTC)
Address alcohol/drug addiction of offenders and reduce reoffending; treatment-oriented approach with specified conditions (e.g., abstinence)
51
Domestic Violence Court (DV)
Stop the cycle of domestic violence; assist victims, their families, and offenders; reduce revictimization
52
Community Wellness Court (CWC; Yukon)
Established to address the needs of offenders with alcohol and drug problems, mental health issues, and other underlying issues that may be related to their offending. -must admit guilt
53
Circuit court parties, composed of a
judge, a court clerk, a defence lawyer, a Crown counsel, and perhaps a translator, travel to communities (generally by plane) to hold court.

Criminal justice systems (10 decks)

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