Crim 131 Midterm #2

Question 1

With the exception of Nunavut, is the court system in each province/territory composed of provincial courts and superior courts?

Answer 1

Yes

Question 2

Aboriginal Courts: What does the text say?

Answer 2

• Every attempt is made to explore all possible sentencing options and alternatives to imprisonment.
• Have been found to reduce rates of recidivism for Aboriginal offenders
• Alternative sentencing as per s.718.2(e) of the criminal code

Question 3

The principle of judicial independence is essential to…

Answer 3

The proper functioning of the courts. The principle holds that citizens have the right to have their case tried by tribunals that are fair, impartial, and immune from political interference. Also applies to juries

Question 4

What are the most frequent cases heard in adult criminal court?

Answer 4

Impaired drive and common assault

Question 5

Are judges at both the provincial and federal level appointed by the federal government?

Answer 5

No. Provincial Judges are appointed by the provincial government, and Judges from the superior courts are appointed by the federal government

Question 6

Do Aboriginal courts provide restorative justice?

Answer 6

Yes

Question 7

Drug treatment courts are designed to…

Answer 7

• Provide an alternative forum for responding to offenders convicted of drug offences
• The approach is non-adversarial and offers couselling and treatment programs
• A diversion from the traditional court system

Question 8

Domestic violence courts….what do they do?

Answer 8

*provide a mechanism for early intervention

Question 9

Stare Decisis

Answer 9

The principle by which the higher courts set precedents that the lower courts must follow

Question 10

A fundamental principle of common law is…

Answer 10

• based on the principle of precedent and the doctrine of stare decisis
• court proceedings are strictly adversarial
• must be fit to stand trial
• presumption of innocence
• Crown bears the burden of proof
• Doli incapax
• Attempts are crimes

Question 11

What is a kep concept in retributive sentencing?

Answer 11

*proportionality- the sentence handed down should be proportionate to the gravity of the offence and to the convited person’s degree of responsibility

Question 12

Where are nearly all criminal bases begun and disposed of?

Answer 12

Provincial court

Question 13

Explain the supreme court of Canada

Answer 13

• established under Constitution Act 1867
• 9 judges appointed from different regions in Canada
• Court of last resort-decisions are final
• only eligible to appeal to a higher level when at least one appellate court judge dissents

Question 14

Supreme Court decisions often involve

Answer 14

• Involve interpretations of the Charter or complicated issues in private or public law
• must have permission to appeal a lower court decision
• “reference”, federal government asks SCC for legal opinion on important legal question

Question 15

How frequently are charges not laid in cases involving violent crime and property crime that are cleared by the police?

Answer 15

33%

Question 16

Describe the use of plea bargaining in criminal cases in Canada

Answer 16

• used frequently
• convicts innocent people, many people will accept the plea just to “get it over with” and move on
• closed process that is not subject to public scrutiny and threatens the rights of the accused
• does not follow any policy or guidelines and is subject to abuse
• reduces backlog of cases
• saves time and tax payer’s money

Question 17

What category does the defence of challenging the admissibility of edivence gathered by the police, fall in?

Answer 17

Procedural

Question 18

Which sentencing goals focus on the past conduct of the offender?

Answer 18

Retributive goals-denunciation and retribution

Question 19

Define Remand

Answer 19

The status is accused persons in custody awaiting trial or sentencing

Question 20

Define Absolute Discharge

Answer 20

A sentence wherein the accused is found guilty but does not gain a criminal record and is given no sentence

Question 21

Define Suspended Sentence

Answer 21

A sentencing option whereby the judge convits the accused but tenchnically gives no sentence and instead places the offender on probation, which, is successfully completed, results in no sentence being given

Question 22

Conditional Discharge

Answer 22

Similar to absolute discharge, but offender is placed on probation , and if the offender satisfies all the conditions within the specified period, they are discharged and deemed never convicted

Question 23

What are some examples of mitigating factors

Answer 23

• intoxication/substance abuse
• lack of premiditation
• being provoked into self defence
• acting out of financial need rather than greed

Question 24

What is the purpose of sentencing?

Answer 24

• deterrence for future misbehaviour
• protection of society
• denunciation of conduct
• rehabilitation of offender
• reparation for harm done
• accountability for actions

Question 25

Describe Circle Sentencing in Canada

Answer 25

• A restorative justice strategy that involves collaberation and decision making by community residents, the victim, the offender, and the justice system personnel to resolve conflicts and saction option
• Works for both youth and adults
• culturally sensitive

Question 26

What has been identified as an adverse effect of MMS?

Answer 26

• little or no deterrent value
• serve to limit judicial discretion with a resulting impact on individual cases
• more expensive and put a strain on the system
• net widening
• leads to unfair sentencing practices

Question 27

There are 4 participants in prosecution. Name them and provide a duty for each

Answer 27

1. Crown Attorney- advises police, prepares for trials, interviews victim and witnesses
2. Court Administrator- appoints staff, manages finances
3. Court reporter- produces reports from tape recordings
4. Sheriff- porvides security, escorts accused and convicted persons

Question 28

What are the functions of Crown Counsel?

Answer 28

• represents the Crown (government) in court

* responsible for prosecuting criminal cases

Question 29

What are challenges that the Crown faces?

Answer 29

• increasing work loads
• prosecution of senstive cases
• circuit court work-little time to prepare
• cultural and language barriers

Question 30

Community Policing refers to…..

Answer 30

A PHILOSOPHY

Question 31

Why are charges not laid in lany cases?

Answer 31

• victim refuses to cooperate
• suspect or witness dies
• suspect is referred to psychiatric facility
• reliability and admissability of evidence
• crown workload and case
• expense- is it too expensive for the severity of the crime

Question 32

Define and explain NCRMD

Answer 32

Not Criminally Responsible On Account Of Mental Disorder- is a DEFENCE!

• involves a court ordered assessment, not a conviction of guilt or conviction of the offence, not responsible for behaviour at time of the offence
• NCRMD results on detention in hospital, conditional discharge or absolute discharge

Question 33

Explain the trial process

Answer 33

1. Stay of Proceedings- crown suspends or ends court proceedings after they have begun
2. Pre-trial conference- Crown, defence, and judge confer on how to expidite the case
3. Crown attorney- presents case, calls witnesses, presents evidence, and must prove guilt beyond a reasonable doubt
4. Defence- can cross-examine witnesses and challenge evidence
5. Accused- may testify or remain silent, subject to cross-examination on testimony