CH7 Structure and Operation of Criminal Courts Flashcards
which country doesn’t have two court systems?
Nunavet
almost all criminal cases begin where?
provincial and territorial courts
problem-solving court
specialised courts designed to divert offenders with special needs AWAYYYpoY from CJS
what are the three defining attributes of problem solving courts
- focus on addressing underlying problems of offenders, victims, communities
- inter-agency & interdisciplinary collaboration
- accountability to the community
why did ppl make problem solving courts?
to move away from adversarial, be more reintegrative
restorative justice
therapeutic justice
using the court’s law and authority to promote health and well being of offenders
making sure their legal rights are protected and justice is done
who diverts cases to drug treatment courts?
crown counsel determines whether or not accused is eligible
ppl charged with violent offences are not eligible
Drug Treatment Courts (DTC)
link nonviolent offenders to treatment, etc
lessen their sentence once complete
Mental Health Court (MHC)
non sexual/serious offences
address needs of both the victim and the community (like making sure supervision is culture appropriate)
problems with specialized courts?
offenders don’t comply with conditions
uncompleted rates are high af
Aboriginal Courts (r. v. Gladue)
make sure judges consider all other options to incarceration
circuit courts
usually goes around territories, visits remote areas and offers courts services
cultural and community approach
problems with circuit courts?
lot of backlog, ppl have to wait long times for courts to come to town, they only stay for a certain amount of time so they need to reach a decision before they go
should they send someone far far away to be incarcerated/get therapy?
courtroom workshops
CJS professionals
judge, crown counsel, defence lawyer
judge
impartial third party
interpret laws, determine truthfulness of evidence
what evidence can be admitted
determines sentence
