CHP 8 Flashcards
What factors influence whether a suspect is charged for an alleged offence?
Strength/reliability of evidence, witness/victim cooperation, public interest, and Crown/police resources/policies.
What are the three ways to compel an accused to appear in court?
Appearance notice,
summons,
or arrest (with/without warrant).
Under what circumstances might an arrested person not be immediately released from custody?
Serious offence,
risk of non-appearance,
or public interest/risk factors prevent immediate release.
What is the reverse onus principle in the context of judicial interim release (bail)?
In certain cases, the accused must show why they should be granted bail, not the Crown.
What types of conditions may be entailed on a bail order?
Could include reporting, abstaining from substances, geographic restrictions, no-contact orders, sureties, and monetary pledges.
How are bail decisions typically determined?
Judges weigh public safety, risk of flight, and maintaining confidence in justice.
What are recent trends in the number of offenders held in remand, and how have these trends influenced the incarcerated population?
Increasing numbers held in remand outnumber sentenced inmates, altering inmate profiles and straining resources.
How may pre-trial detention impact an alleged offender’s case outcome?
May pressure guilty pleas, limit defence preparation, worsen outcomes.
What are Canadians’ rights to legal counsel?
Accused must be informed promptly and allowed to consult a lawyer before giving statements.
What criteria make an accused unfit to stand trial, and what are the outcomes of this determination?
Due to mental disorder, unable to understand proceedings, consequences, or communicate with counsel.
What are the benefits and criticisms of plea bargaining?
Saves time/money and reduces sentences but may pressure the innocent and lacks transparency.
Describe the jury selection process.
Pool drawn, prospective jurors screened for bias, challenged by parties, ensuring impartiality.
What types of evidence must be disclosed during discovery?
Crown must share all relevant evidence, including exculpatory and officer misconduct records.
What is the basic trial process from the Crown’s case through to sentencing?
Crown’s case, defence’s case, arguments, verdict, then sentencing if guilty.
How do circumstantial and direct evidence differ?
Direct evidence observes the fact; circumstantial suggests it through inference.
