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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
Q

Judicial independence is protected through what three things?

A

1) security of tenure
2) financial security
3) institutional independence

26
Q

security tenure

A

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
Q

Financial Security

A

Judicial salaries are independent from gov interference

28
Q

Institutional Independence

A

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
Q

Reviews the professional & personal conduct of judges in cases where complaints have emerged

A

Canadian Judicial Council

30
Q

Justices of The Peace

A
  • 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
Q

Defence Lawyers

A

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
Q

Duty Counsel

A
  • 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
Q

who are crown counsels?

A

Lawyers who represent the Crown in court & are responsible for prosecuting criminal cases

34
Q

what do crown counsels do?

A

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
Q

at trial the crown….

A

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
Q

Prosecutorial Discretion:

A

Decision-making powers of Crown Attorneys and the discretion available to them when deciding to press criminal charges

37
Q

Prosecutorial Discretion must consider ….

A

whether there is (a) Substantial likelihood of a successful conviction and (b) Whether there is public interest in prosecuting an individual

38
Q

_______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)

A

Court administrators

39
Q

____Assist in jury management, escort accused / convicted persons & provide security in the courtroom
In some provinces, they serve legal documents, seize goods & collect fines

A

sheriffs

40
Q

Sources of Case Delay

A
  • 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
Q

R. V. Jordan Decision

A

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
Q

Jordan Decision

A

Sets a framework for determining what constitutes a reasonable delay

43
Q

Case Study – Adam Picard

A
  • 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
Q

Stay of Proceedings

A

Act by the crown to terminate / suspend court proceedings after they’ve commenced

45
Q

Canadian government separated into 3 branches

A
  1. Executive
    1. Legislative
    2. Judicial
46
Q

problem solving courts

A

Specialized courts that are designed to divert offenders with special needs from the criminal justice system.

47
Q

The three defining attributes of problem-solving courts are

A

(1) a focus on addressing the underlying problems of offenders, victims, and communities
(2) interagency and interdisciplinary collaboration
(3) accountability to the community.

48
Q

Therapeutic justice

A

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
Q

Mental health court

A

Reduce the criminalization of the mentally ill; operate at pre- and post-charge stage

50
Q

Drug Treatment Court (DTC)

A

Address alcohol/drug addiction of offenders and reduce reoffending; treatment-oriented approach with specified conditions (e.g., abstinence)

51
Q

Domestic Violence Court (DV)

A

Stop the cycle of domestic violence; assist victims, their families, and offenders; reduce revictimization

52
Q

Community Wellness Court (CWC; Yukon)

A

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
Q

Circuit court parties, composed of a

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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