CH8 Prosecution of Criminal Cases

Question 1

crown counsel’s role in pretrial process

Answer 1

advice police before charges

prep for trial (collect evidence, interview victim & witness, research precedents)

negotiate pleas, conditions of bail

recommends sentences

Question 2

getting someone to show up to court (3)

Answer 2

remand

summons (show up for trial on this date or it will be an indictable offence)

arrest (arrest w/o warrant for fear of flight, etc)

Question 3

Judicial interim release (BAIL)

Answer 3

overseen by JP

surety

comes with conditions (supervision, monitoring)

Question 4

security certificates

Answer 4

issued against non citizens

if deemed a threat, will be imprisoned without charges for indeterminate time

can also be deported

Question 5

advantages to plea bargaining

Answer 5

saves time and money

reduce case backlog

complainants don’t need to testify

accused admits guilt

potential to get evidence to prosecute others

Question 6

disadvantages

Answer 6

brings administration of justice into disrepute

subject to abuse

convict innocent ppl

pressure on defendants

not open to public scrutiny

Question 7

close courtrooms?

Answer 7

without public in case victim cannot relay full details of offence

Question 8

what are the four defences?

Answer 8

false accusation

mental state (NCRMD, automatism, intoxication)

justifications (provocations; self defence, consent, BWS)

procedural issues (charter violation, inadmissible evidence, unfair prosecution, unconstitutionality of law)