Chapter 8

Question 1

What are the factors that affect the decision to charge someone with an offence?

Answer 1

1. strength of the case
2. social structure of the case
   - seriousness of the offence
   - accountability of the offender
   - organizational pressure

Question 2

What are the elements of compelling a person to appear?

Answer 2

1. Lodging a complaint: police record criminal charges and obtain information relevant to the case
2. Endorsement: authorizes police to release the accused on similar grounds to those for being arrested without a warrant
3. Section 553 CC offences: accused is generally released from detention with summons or appearance notice
4. Section 469 CC offences (murder): superior court justice decides whether the accused will be placed in a detention facility.

Question 3

What is reverse onus

Answer 3

When the onus is on the accused to show why they should be released from custody.

Question 4

What is the interim release process?

Answer 4

First appearance in court is the bail hearing. The crown must show cause why the accused should be detained.

Question 5

Explain the process of denial of interim release

Answer 5

According to section 515(2) of CC, continued detention is allowed when:

• necessary to ensure appearance at court
• necessary for protection of public
• necessary to maintain confidence in administration of justice

Question 6

What are the factors of prosecutorial screening?

Answer 6

• Sufficient evidence for conviction
• seriousness of offence (violent or non-violent)
• criminal record of accused
• cooperation of witnesses
• credibility of witnesses and/or victim
• accused is witness in separate criminal proceeding

Question 7

What are the models of prosecutorial screening?

Answer 7

Transfer model, unit model, legal sufficiency model, trial sufficiency model, defendant rehab model

Question 8

Explain the transfer model of prosecutorial screening

Answer 8

Very little screening occurs, prosecutors charge most of the accused after they receive the case from police. Key factor is the amount of resources available to a prosecutor’s office, more resources=more cases will be heard

Question 9

Explain the unit model of prosecutorial screening

Answer 9

Individual prosecutors are given significant amounts of discretion to do as they like with each case. There is litle organizational guidance, little specific policy given to prosecutors.

Question 10

Explain the legal sufficiency model

Answer 10

Cases are screened according to their legal elements. If there are sufficient legal grounds, the case will probably be prosecuted.

Question 11

Explain the system efficiency model for prosecutorial screening

Answer 11

Cases are disposed of quickly. only those cases where there is a high probability of success will be prosecuted; those which are not as clear-cut will be rejected as too time consuming because there are not enough resources

Question 12

Explain the trial sufficiency model of prosecutorial screening

Answer 12

A case proceeds to court only if a conviction is likely. Resources are secondary, given the prosecutor’s feeling that the case will end in conviction

Question 13

Explain the defendant rehabilitation model of prosecutorial screening

Answer 13

The prosecutor’s decision rests on whether it is possible to rehabilitate the defendant. Under this model, alternatives are sought out before the case goes to court as long as the accused agrees to participate.

Question 14

What is disclosure of evidence?

Answer 14

The prosecution must disclose all evidence it will use at trials to the defence (Section 7 of the Charter). Disclosure is a crucial factor in the fairness and efficiency of the criminal justice system. Disclosure will often lead to a guilty plea before the trial.

Question 15

What are the different types of pleas?

Answer 15

General pleas are either guilty or not guilty. Special pleas are autrefois acquit, autrefois convict, and pardon

Question 16

What are the possible convictions after a not guilty plea?

Answer 16

Either summary conviction or indictable offence. A summary conviction offence leads to summary conviction court, an indictable offence leads to either a preliminary inquiry or trial in provincial court.

Question 17

What is plea bargaining?

Answer 17

Any agreement to plead guilty in exchange for a benefit. Occurs between the accused, defence counsel, and Crown prosecutor

Question 18

What are the purposes for plea bargaining?

Answer 18

Improves efficiency of the courts, lowers the cost of prosecutions, and permits the prosecution to devote time to more important cases

Question 19

What are the types of plea bargaining?

Answer 19

charge
sentence
procedural
fact
label

Question 20

What are the purposes of a preliminary hearing?

Answer 20

To see if Crown has enough evidence and to protect the accused from being placed on trial unecessarily.

Question 21

What are the elements of a preliminary hearing?

Answer 21

Held when an accused is charged with an indictable offence and elects to be tried by judge and jury. The intention is not to determine guilty. Conducted like a regular trial, open to the public, publication ban requests, evidence and witnesses presented, cross examinations. After evidence is presented, judge decides whether sufficient evidence to prosecute is present. if so, a trial is scheduled, if not then the accused is discharged.

Question 22

What are the 4 factors for judges to rule on when unreasonable delay has occurred, as established in R. v Askow (1900)?

Answer 22

1. The length of delay
2. the explanation for delay
3. waiver by the accused
4. prejudice by the accused

Question 23

What is the role of the jury?

Answer 23

To enhance fairness of a trial, and to enhance confidence in the justice system

Question 24

What are the main goals of the jury?

Answer 24

1. represent the community
2. remain independent and impartial
3. remain open minded in approach to the trial