criminal justice; principles and elements

Question 1

criminal behaviour (definition)

Answer 1

an offence against all society, not just the victim; therefore, charges may be persued even if the victim did not ask for that

Question 2

police are societies …

Answer 2

peacekeepers

Question 3

prosecutors are societies…

Answer 3

court agents

Question 4

what starts the criminal process?

Answer 4

when a police officer has reasonable and probable grounds that an act “fits a crime” and fills out an INFORMATION and brings that to a JP to swear it is true

Question 5

rights to a fair trial… (list)

Answer 5

1. innocent until proven guilty
2. to be tried within a reasonable time
3. an impartial jury of their peers
4. accused never forced to testify
5. right to not be tried again
6. to be informed of the offence
7. right to not be denied reasonable bail
8. right to lesser punishment

Question 6

who has the burden of proof in a criminal trial?

Answer 6

the onus is on the crown to prove guilt beyond a reasonable doubt

Question 7

how does the crown “call evidence”?

Answer 7

1. bringing forward in person witnesses to testify
2. bringing forward any other relevant evidence in accordance to the rules of evidence

Question 8

how can the accused challenge crown evidence? (list)

Answer 8

1. challenge their powers of observation
2. challenge recall memory
3. challenge witness bias and/or
4. challenge witness truthfullness

Question 9

adversarial system (definition)

Answer 9

one side trying to discredit the other by lawful means

Question 10

the Canadian charter of right and freedoms protects…

Answer 10

individuals from actions/excersizes of the government or state, they cannot create laws that ignore the freedoms stated

Question 11

for a true criminal trial the crown must prove (list)

Answer 11

1. Actus reus
2. mens rea

Question 12

classifications of offences (list)

Answer 12

1. summary conviction
   - less serious offences
   - lower punishments
   - streamline process
2. indictable offences
   - more serious penalties
   - more involved process
3. hybrid offence
   crown gets to decide whether to continue summary or indictable