civics buh Flashcards
What is the assistant crown attorney?
the crown attorney represents the government and is the prosecutor
Evidence definition
relevant information that proves or disproves the elements of an offensive
The defense definition
a group of lawyers defending someone accused
Accused definition
A person who is accused of committing a crime
Appeal definition
A second case called for by the Defense of the crown
How many people are on the jury?
there are 12 people on the jury
How do jury’s decide a verdict
They listen to the trial, consider all evidence, follow judge’s instructions about law, deliberate by considering all evidencce and deciding guilt or innocence
Jury decisions (verdicts) have to be ……………………
unanimous
Lowest level of Canada’s judicial system
Provincial Courts
What are the systems under the provincial courts
Criminal offences, Money matters, Family matters,
Specialized provincial courts
Youth courts, small claims courts, Family Court
Highest court in the province
Superior court of the Province
Most powerful court in the country
The Supreme Court of Canada
What kind of cases are tried at Provincial court level?
Criminal offences, Money matters, Family matters, Youth courts, Small claims
Two sections of the Superior Court of the Province
Appeal division and Trial division
What jurisdiction does the Superior court of the province have?
Has jurisdiction in both criminal and civil matters, beyond the
lower courts
Can a trial in the Provincial Superior court have no jury?
Only if the provincial Attorney
General gives consent to trial by judge alone.
Federal court of Canada responsibilities
Deals with cases involving the federal government
hears appeals from federally appointed boards, commissions
and administrative tribunals
Supreme Court of Canada judge breakdown
Three come from Quebec, three from Ontario, two from the
western provinces and one from the Atlantic Provinces.
How many sessions does the Supreme Court of Canada sit for a year?
3 sessions a year
What is the responsibility of the Supreme Court of Canada
Deals with constitutional questions
Highest appeal court in Canada
structure of the Supreme Court
Consists of a chief justice (Richard Wagner) and eight justices,
all of whom are appointed by the federal government.
Two requirements for an act to be considered a crime
Mens rea
Guilty mind, criminal intent, General or specific intent
Actus reus
Actual behaviour, not fantasy, Includes criminal negligence
Mens Rea definition
Guilty mind, criminal intent
General or specific intent
Actus Reus definition
Actual behaviour, not fantasy
Includes criminal negligence
Minor offence examples
Vagrancy, Causing a Disturbance,
Drug Possession
Sentences of Minor offences
Maximum penalty $5000, 6 months in
jail or both.
In how many months must a minor offence trial start?
6 months after the crime was committed.
where is a minor offence prison sentence served?
Sentence served in provincial
facility as long as it is less than 2
years (Deuce Less)
Who hears a minor offence trial?
Always heard by provincial court judge.
Serious offences examples
Armed robbery, sexual assault, murder, treason.
Where are serious offences heard? (which court)
Serious offences heard only in superior court (e.g. murder).
In a serious offence case, who tries the accused?
The accused can elect to be tried by a jury instead of the judge.
Where is a serious offence prison sentence served?
Sentence generally served in federal facility as long as it is longer than 2 years less a day.(Deuce Less)
Minor offence nickname
Summary Offence
Serious offence nickname
Indictable Offence
Hybrid Offences examples
possession of a weapon obtained by crime, sexual exploitation, and cruelty to animals.
who decides if a Hybrid offence is treated as a Summary offence or Indictable offence?
The Crown can decide to treat as an indictable or summary conviction.
How is a Hybrid offence seriousness decided?
This decision is based on the seriousness of the offence and the harm caused by the offence.
Justice of the Peace definition
a court official who has less authority than a judge but can issue warrants and perform other judicial functions
Judge responsibilities
Makes decisions about allowable evidence and interprets the law
Instructs the jury on the points of law
Who represents the accused?
Defence Counsel, the lawyer hired to defend the accused
What happens if the accused cannot afford a lawyer?
they are sometimes represented by the Duty Counsel, who gives free legal advice to persons just arrested or brought before the court
Who does the Assistant Crown Attorney represent?
The government
Court Clerk defintion
assists judge by keeping a record of the trial exhibits, administering
oaths and announcing the beginning or end of the court session.
Court reporter definition
records word for word everything said during the trial. The reporter
can produce a transcript or typed record of everything said in court.
Court security officer definition
handles accused in custody and maintain security in courtroom.
Sheriff definition
responsible for jury, including summoning, paying and guarding them
Bailiff definition
court official who assists the sheriff.
perjury definition
knowingly making false statements in court, is a serious offence. The maximum penalty is 14 years in jail.
What happens if witnesses fail to appear in court?
Failure of witness to appear can result in contempt of court charge for obstructing course of justice and disobeying the court’s authority.
Witnesses responsibility
give evidence, under oath of their knowledge of the circumstances surrounding a crime.
subpoena definition
a court order requiring witness to appear in court to give evidence.
