Chapter 1+2 - Introduction to Criminal Law, Adversarial System Flashcards
What is a crime?
An act that the law forbids that is targeted at some even or injuries or … upon the public
What are the elements of a crime?
a prohibition, must impose a penalty, must be directed against a public purpose
Under section ___ of the Constitution Act, the ___ Government has the power to enact criminal legislation
91, Federal
Section __ of the Constitution Act enables the provinces undertake the ____ of justice
92, Administration
What is the purpose of Criminal Law?
protect all members of society from serious, harmful, and dangerous conduct, and to contribute to the maintenance of a just, peaceful, and safe society though the establishment of prohibitions sanctions and procedures to deal fairly and appropriately with conduct that causes serious harm to individuals or society
What are convictions based upon?
The conduct of the accused, not the merit of the victim
the inquisitorial system has the judge act in a ____ role, and can be found in ___ in compliance with the ___ system
active, Quebec, civil law
True or false: the Adversarial system is always adversarial
False. the Prosecution and Defence may collaborate if they wish to avoid going to trial
In fulfilling the role of the Crown, the ____ will delegate to ____ and their ___
Provincial AG, Crown Attorneys, Assistant Crown Attorneys
Ideally, a Prosecutor will ___
Not be competitive, and dedicate themselves to the pursuit of justice
nTrue or false: if a client admits to their attorneys that they are guilty, the attorney is ethically bound to inform the court.
False. How is the defendant to know what constitutes guilt?
Under what conditions would the Defence be obliged to break attorney-client privilege?
If the attorney believes that their client is in imminent risk of harm (including psychological harm)
True or false: the defence is entitled to always adopt a purely adversarial role?
True
The Judge is commanded to always be ___ in their decisions
Impartial
What is the role of the Judge?
to ensure all parties and witnesses follow proper proceadure, ensure the trial is fair, to interpret the law, assess presented evidence.
True or False: Misdemeanours (rape, murder, assault) are the most serious forms of offence.
False. Rape, Murder, and Assault are indictable offences
True or false: provincial court has absolute jurisdiction (can hear both indictable offences and misdemeanours)
True
____ is always tried in a Provincial court and/or by a Justice of the Peace
Summary Convictions
The Accused must always be present for ___
Indictable Offences
What is the default if the accused does not choose a mode of trial?
Judge and jury
___ May choose between summary convictions and indictable offences
The Crown
Only when ___ does the accused have the option to choose their mode of trial
the prosecution chooses to indict
There are how many sources of criminal law in Canada?
4. The Criminal Code/,The Charter of Rights and Freedoms, Statutes, Common Law
What was the Significance of the Stingecombe Case?
Establishes the responcibility of the Crown to provide disclusire of all it’s materials, whether it helps the defence or not
