Chapter 1 Flashcards

0
Q

What is disparity?

A

Refers to a difference but doesn’t necessarily include discrimination.

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1
Q

Three assumptions about fairness Are?

A
  1. Guilt, innocence and the fair determination of the sentence.
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2
Q

What is discrimination

A

Differential treatment of individuals based upon negative judgments about their perceived or real membership in a group

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3
Q

What is substantive of justice?

A

Accuracy or correctness of the outcome of the case concerned with the truthfulness of the allegation, The accuracy of the verdict and the appropriateness of the sentence

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4
Q

Is procedural justice?

A

Involves the fairness of the procedures used to arrive at the verdict of the case.

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5
Q

What are the three central touristic’s of the adversarial system?

A
  1. Both parties involved hope that they will win the case and have the right to argue about what evidence is to be considered.
  2. The trial is to be heard by impartial person.
  3. Judge assures a fair trial
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6
Q

What is the purpose of the adversarial system?

A

To search for the truth to specifically determine the guilt, or innocence of the accused.

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7
Q

What is the function of the police service within the criminal justice system?

A

The police investigate, direct, and prevent crime from occurring. more recently police of the rule of problem-solvers as well. Instead of passing the matter on to the courts.

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8
Q

What province has its own police force? What Department provides provincial policing for the rest of the provinces and territories?

A

Ontario Quebec and Newfoundland are the three provinces that currently have their own police service. The other provinces and territories contract the responsibility out to the RCMP.

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9
Q

What are the duties of the RCMP and what levels of policing do they cover?

A

RCMP are responsible for municipal provincial as well as federal policing duties.

These duties include: enforcing federal statutes caring out executive orders for the federal government and providing protective services for visiting dignitaries and Policing airports.

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10
Q

What is the function of the courts in The criminal justice system?

A

Courts role determine guilt or innocence of the accused person or defendant. If found guilty the courts hand out the appropriate sentence

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11
Q

What is the highest level of the criminal court in Alberta?

A

The appeal court

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12
Q

Is the function of the correction System

A

where the sentence is carried out. this may mean in the community or possibly a federal provincial institution

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13
Q

Participants interest provincial classroom and the role?

A

The Judge: sits in front facing everyone in a raised bench. Dressed as your honor. Decides if accused is guilty or innocent and decides the sentence.

Court clerk: sits directly in front of the judge calls call room to order and passes evidence to the judge. Also records the proceedings.

Prosecutor: faces the judge . will present the crown governments case to the court also works with the police to prove the crowns case

Defense counsel: faces the judge. will present the accused or defendants case to the court. The defense could be legal aid or duty counsel lawyer or an agent to the accuser defendant.

Defendant: sits in the rear of the court until case is calledhas the right to be present in the court room at all times may sit beside the defense counsel I’m in the prisoners box.

Witness: gives evidence under oath. Both crown and defense can bring witnesses.

Observers: otherwise ordered court is open to the public. observer sit in the rear of the court

Sheriff: change of security within the court room and handles any prisoners within the court room dysfunction may also be performed by member of the RCMP

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14
Q

What is the purpose of an arrest?

A

The purpose of an arrest is to ensure that a person attend court-other reasons could be to prevent the continuation of an offense or to secure evidence or to obtain the identity of the accused

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15
Q

What is the purpose of the judicial interim release hearing?

A

At a judicial iinterim release hearing a justice of the peace will decide if The accused should be released before his or her trial. If the crown prosecutor cannot justify woolly not person here she will be released until trial.

16
Q

Is bail a fundamental right why or why not?

A

Section 11 E of the charter of rights and freedoms guarantees the rights of the accused not to be denied reasonably bill without just cause

17
Q

What is the function of a preliminary inquiry?

A

Is to determine if there’s enough evidence to send the used to trial.