CH7 Structure and Operation of Criminal Courts

Question 1

which country doesn’t have two court systems?

Answer 1

Nunavet

Question 2

almost all criminal cases begin where?

Answer 2

provincial and territorial courts

Question 3

problem-solving court

Answer 3

specialised courts designed to divert offenders with special needs AWAYYYpoY from CJS

Question 4

what are the three defining attributes of problem solving courts

Answer 4

1. focus on addressing underlying problems of offenders, victims, communities
2. inter-agency & interdisciplinary collaboration
3. accountability to the community

Question 5

why did ppl make problem solving courts?

Answer 5

to move away from adversarial, be more reintegrative

restorative justice

Question 6

therapeutic justice

Answer 6

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

Question 7

who diverts cases to drug treatment courts?

Answer 7

crown counsel determines whether or not accused is eligible

ppl charged with violent offences are not eligible

Question 8

Drug Treatment Courts (DTC)

Answer 8

link nonviolent offenders to treatment, etc

lessen their sentence once complete

Question 9

Mental Health Court (MHC)

Answer 9

non sexual/serious offences

address needs of both the victim and the community (like making sure supervision is culture appropriate)

Question 10

problems with specialized courts?

Answer 10

offenders don’t comply with conditions

uncompleted rates are high af

Question 11

Aboriginal Courts (r. v. Gladue)

Answer 11

make sure judges consider all other options to incarceration

Question 12

circuit courts

Answer 12

usually goes around territories, visits remote areas and offers courts services

cultural and community approach

Question 13

problems with circuit courts?

Answer 13

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?

Question 14

courtroom workshops

Answer 14

CJS professionals

judge, crown counsel, defence lawyer

Question 15

judge

Answer 15

impartial third party

interpret laws, determine truthfulness of evidence

what evidence can be admitted

determines sentence

Question 16

defence lawyer

Answer 16

represents accused, ensures rights are maintained

negotiates pleas

provides evidence

builds case of innocence; questions witnesses, experts

Question 17

crown counsel

Answer 17

represents the community

lays charges, involved in prosecution

Question 18

preliminary hearing

Answer 18

a hearing before trial to make sure there’s enough evidence for an actual trial

Question 19

ethics for judges

Answer 19

judicial independence

impartiality

integrity

equality

Question 20

judicial independence

Answer 20

judges not subject to pressure and influence

make impartial decisions on FACT AND LAW

Question 21

what can the chief head of judges do about complaints?

Answer 21

1. no basis for complaint
2. resolve complaint
3. tell complainer how to deal with complaint thru other means
4. refer complaint to judicial board of inquiry