exam 2 Flashcards
Criminal Courts in Canada function and example
Function: Ensures fair and efficient justice through a tiered system.
Example: A case may start in provincial court and escalate to superior court.
Provincial vs. Superior Courts and an example
Provincial/Territorial Courts: Handle most criminal cases.
Superior Courts: Handle serious crimes and appeals.
Example: Theft → Provincial Court;
Murder → Superior Court.
Constitutional Rights and example
Courts uphold constitutional rights to ensure fair legal procedures.
Example: The right to a fair trial includes legal representation.
Problem-Solving Courts and example
Specialized courts address issues like addiction and mental health.
Example: Drug treatment courts for drug-related offenses.
Determining Guilt & Sentencing and example
Courts decide guilt or innocence based on evidence.
Example: A jury finds a defendant guilty or not guilty.
Courts impose sentences balancing justice and public safety.
Example: A person convicted of assault may receive community service.
Judicial Independence and example
Judges must rule without political/media influence.
Example: A judge should base decisions solely on the law.
Court Hierarchy and example
Four levels of criminal courts in Canada.
Example: Cases may start in provincial court and go to the Supreme Court of Canada.
The 3 Provincial Court Structured examples (Ontario court of justice, Superior Court of Justice, Court of Appeal for Ontario)
Ontario Court of Justice: Criminal, family, youth, mental health, and drug courts.
Example: A youth shoplifting case is heard in Youth Court.
Superior Court of Justice: Appeals, small claims, family, and criminal law.
Example: A person appealing a verdict goes here.
Court of Appeal for Ontario: Reviews lower court decisions.
Example: A wrongly convicted person appeals here.
Provincial Court System and examples
Governed by provincial laws and operates independently.
Example: Ontario courts handle cases within Ontario.
Handles a high case volume, including summary convictions and indictable offenses.
Example: A shoplifting case is a summary conviction.
Addresses case delays with alternative resolution methods.
Example: Restorative justice programs reduce court backlog.
Specialized Problem-Solving Courts
Designed for offenders with special needs.
Example: A person with addiction may enter drug court.
Focus on rehabilitation, not punishment.
Example: Therapy for mental health issues instead of jail.
Use professionals to reduce recidivism.
Example: Social workers help offenders access treatment.
Therapeutic Justice: Law is used to improve well-being.
Example: A judge may offer rehab instead of prison.
Traditional vs. Problem-Solving Courts and example
Traditional Courts
Adversarial, dispute resolution, impersonal, offense-focused.
Example: A defendant is sentenced with little focus on rehabilitation.
Problem-Solving Courts
Restorative, focus on underlying problems, personalized.
Example: A person with addiction may be offered treatment.
Indigenous Courts and example
Blend traditional and modern legal practices.
Example: Cultural healing practices included in sentencing.
Use restorative justice to focus on healing.
Example: Restoring harmony in the community rather than punishing.
Elders play a key role in guiding decisions.
Example: Elders provide cultural insight during sentencing.
Operate as provincial courts with alternative sentencing options.
Example: Community service instead of jail.
Notable Indigenous courts
1.Gladue courts (Ontario)
2.Tsuu T’ina Peacemaking Court (Alberta)
3.ndigenous Peoples Court (Thunder Bay, ON)
Provincial/Territorial Circuit Courts and examples
Serve remote communities where regular courts are unavailable.
Example: A judge travels to a northern community.
Promote equitable access to justice.
Example: A trial held in a remote town prevents unfair delays.
Consider local customs in decision-making.
Example: A judge considers Indigenous traditions in sentencing.
Provincial/Territorial Superior Courts and examples
Handle serious offenses and appeals.
Example: A person convicted of robbery appeals here.
Review legal errors from lower courts.
Example: A superior court corrects a trial error.
J
udges have extensive experience and uphold ethical standards.
Example: A senior judge ensures fair legal proceedings.
Supreme Court of Canada (SCC) and examples
Highest court in Canada, established in 1875.
Example: The SCC upheld the Charter of Rights and Freedoms.
Interprets the Constitution & Charter.
Example: The SCC ruled against unlawful detainment.
Ensures public trust through impartiality.
Example: The SCC remains neutral in controversial cases.
Courtroom Workgroup and examples
Includes judge, crown counsel, defense lawyer, and others.
Example: The prosecutor presents evidence, and the defense lawyer argues for the accused.
Collaboration ensures justice.
Example: A probation officer provides insight into sentencing.
Judicial Ethics & Accountability and example
Judges must follow integrity, impartiality, and legal duty.
Example: A judge rules based on facts, not personal beliefs.
Judicial independence ensures fairness.
Example: A judge rules without political pressure.
J
udicial accountability through the Canadian Judicial Council.
Example: A judge accused of misconduct faces an investigation.
The Challenges of Case Delay and examples
Delays caused by rising crime and limited resources.
Example: A backlog results in trial postponements.
Lack of funding disrupts trials.
Example: A case is delayed due to an overwhelmed court.
Restorative justice helps reduce delays.
Example: Offenders and victims reach agreements outside of court.
Addressing the Lack of Diversity in the Judiciary and examples
Lack of diversity is a key issue in the judiciary.
Example: Most judges come from similar backgrounds.
Quotas ensure a more representative judiciary.
Example: Implementing quotas for women and minority judges.
Summary Offences and example
Less serious offences: Minor crimes with limited societal impact.
Example: Stealing a candy bar would likely be a summary offence.
Penalties: Maximum of 2 years less a day imprisonment and/or a fine of up to $5,000.
Example: A DUI offender may face a fine and a short jail sentence.
Indictable Offences and example
More serious offences: Involve a full trial with a judge and jury.
Example: Murder is always an indictable offence.
Preliminary hearing: Determines if there is enough evidence for trial.
Example: A robbery suspect may have a preliminary hearing before trial.
Penalties: Lengthy prison sentences or other severe consequences.
Example: Aggravated assault may result in several years in prison.
life example: Murder, robbery, aggravated sexual assault.
Example: A violent home invasion is an indictable offence.
Purpose and Principles of Sentencing and example
Sentencing: The punishment imposed on a convicted person.
Example: A convicted thief might be sentenced to a fine or prison.
Goal: Protect society and uphold the law.
Example: A domestic violence offender may receive therapy and probation.
Principle of Restraint: Sentences should be fair, just, and not excessive.
Example: A judge may impose a shorter sentence for a non-violent crime.
Sentencing Goals and example
Utilitarian: Prevents future crimes through deterrence and rehabilitation.
Example: A repeat offender may get a longer sentence to deter others.
Retributive: Punishment is proportionate to the crime.
Example: A violent offender receives a harsher sentence.
Restorative: Focuses on repairing harm and community involvement.
Example: A vandal must repair damage and apologize to victims.
Sentencing Objectives and examples
Denounce unlawful conduct: Society condemns the crime.
Example: A fraudster receives a harsh sentence.
Deter offenders and others: Prevents repeat crimes.
Example: Heavy fines for corporations dumping toxic waste.
Separate offenders from society: Protects the public.
Example: A serial offender is imprisoned.
Rehabilitate offenders: Reintegration into society.
Example: Drug offenders may be sent to rehab.
Provide reparations: Offenders compensate victims.
Example: A thief repays the victim for stolen goods.
Promote responsibility: Encourages accountability.
Example: Community service for an assault conviction.
Sentencing Options and example
Absolute discharge: No punishment.
Example: A first-time shoplifter may receive this.
Conditional discharge: No punishment, but conditions apply.
Example: A vandal must attend counseling.
Suspended sentence: Sentence delayed unless reoffending occurs.
Example: An assault conviction with a one-year suspension.
Fine: Monetary penalty.
Example: Speeding ticket.
Intermittent sentence: Served in intervals.
Example: A 30-day weekend sentence.
Probation: Supervision with conditions.
Example: A minor theft offender must report to an officer.
Conditional sentence: House arrest instead of jail.
Example: A non-violent offender may be confined at home.
Imprisonment: Time in a correctional facility.
Example: A violent offender is sentenced to prison.
Concurrent sentences: Multiple sentences served at the same time.
Example: Two robbery sentences served together.
Consecutive sentences: Multiple sentences served one after another.
Example: Assault sentences served separately.
Judicial determination: Judge decides the appropriate sentence.
Example: The judge considers the crime’s severity and history.
Judicial restraint orders: Restrictions on the offender’s behavior.
Example: A stalker receives a no-contact order.
Life imprisonment: A lifelong sentence with possible parole.
Example: A first-degree murderer may have parole eligibility after 25 years.
Judicial Decision-Making Factors and examples
Aggravating circumstances: Increase the severity of a sentence.
Example: Using a weapon during a robbery.
Mitigating circumstances: Reduce the severity of a sentence.
Example: Committing a crime due to financial hardship.
Pre-sentence report: Assists judges in sentencing.
Example: A probation officer’s assessment.
Victim impact statements: Show crime’s emotional and financial toll.
Example: Assault victims describe trauma in court.
Case law precedent: Ensures consistency in sentencing.
Example: Similar cases should receive similar sentences.
Psychological assessments: Evaluates the offender’s mental state.
Example: Therapy may be required for violent offenders.
Indigenous offenders: Special sentencing considerations apply.
Example: Cultural rehabilitation programs included in sentencing.
Black offenders: Systemic factors may be considered.
Example: Racial challenges impacting crime involvement.
Gender: Considerations based on gender-specific factors.
Example: Domestic abuse victims receiving therapeutic support.
Gladue Report and examples
Gladue Decision: Judges must consider Indigenous offenders’ circumstances.
Example: A judge refers to a Gladue report before sentencing.
Gladue Report: Assesses an Indigenous offender’s background.
Example: Highlights systemic racism and poverty factors.
Dangerous and Long-Term Offender Designations and examples
Dangerous Offender: A high-risk offender may be imprisoned indefinitely.
Example: A repeat violent offender is deemed dangerous.
Long-Term Offender: Supervised after release.
Example: A violent offender is monitored for 10 years post-release.
Judicial Discretion and examples
Wide latitude in sentencing: Judges have freedom in decision-making.
Example: Rehabilitation over prison for a first-time offender.
Sentencing disparity: Different sentences for similar crimes.
Example: Two thieves receive different penalties.
Collateral consequences: Effects beyond the direct sentence.
Example: Difficulty finding employment after a conviction.
Statutory guidance: Laws influence judicial decisions.
Example: Minimum sentences for certain crimes.
Limits on Judicial Discretion and examples
Case law precedent: Ensures sentencing consistency.
Example: Theft cases follow previous rulings.
Mandatory minimum sentences: Some crimes have minimum penalties.
Example: Drug trafficking carries mandatory sentences.
Sexual offences against children: No leniency in sentencing.
Example: Long sentences for child abuse cases.
Criminal Court vs. Circle Sentencing and examples
Criminal Court: Focuses on punishing the crime.
Example: Car theft leads to 2 years in prison.
Circle Sentencing: Focuses on understanding and restoration.
Example: Car theft leads to restitution and community service.
Flow of Cases
Summary Conviction Offences: Less serious crimes resolved in provincial court by a magistrate or judge.Example: A person caught shoplifting small items would face a summary conviction offence.
Indictable Offences: Serious crimes tried by a judge and jury.Example: A person charged with murder would face an indictable offence.
Hybrid (Elective) Offences: Offences that can be tried either summarily or by indictment, based on the Crown’s decision.Example: Assault can be either a summary or indictable offence, depending on the severity and the decision of the Crown.
Pre-Trial Process
Laying an Information: Police formally outline allegations and may request a warrant or summons.Example: Police file an information after receiving a report of a theft.
Laying a Charge: Police and Crown decide whether to lay charges. Not all cases result in charges.Example: A police officer may decide not to lay charges after investigating a minor car accident.
Compelling Appearance of the Accused: The accused may receive an appearance notice, a summons, or be arrested.Example: A person caught driving under the influence may receive a summons to appear in court.
Release by the Police
Release Without Custody: For less serious crimes (summary or elective offences), the accused might receive an appearance notice, not placed in custody.Example: A person caught with a small amount of marijuana may be given an appearance notice rather than being arrested.
Indictable Offences: The accused might be released with conditions, such as a promise to appear or recognizance.Example: Someone charged with a violent crime may be released on bail with conditions like staying away from the victim.
Judicial Interim Release (Bail)
Bail: The release of the accused prior to trial, overseen by a judge or JP, with conditions.Example: A person arrested for theft may be released on bail after the judge approves it.
Pre-trial Remand: The accused may be held in custody while awaiting trial.Example: A person charged with armed robbery might be remanded in custody until their trial.
Security Certificates
Non-citizens deemed a threat to national security can be detained without charge for an indefinite period.Example: A foreign national suspected of terrorism might be held indefinitely under a security certificate.
Access to Legal Defence
Right to Counsel: All adults accused of a crime have the right to legal representation.Example: A person arrested for assault has the right to contact a lawyer before answering questions.
Legal Aid: Available for those who cannot afford a lawyer.Example: A low-income person charged with a drug offence may qualify for legal aid services.
Arraignment and Plea
Plea Bargaining: The accused may plead guilty in exchange for a reduced sentence.Example: A person charged with a minor drug offence might plead guilty in return for a lighter sentence.
Plea Types: “Guilty” leads to sentencing; “Not guilty” leads to trial.Example: A person who denies the charge of assault will plead “not guilty” and go to trial.
Plea Changes: The accused can change their plea to guilty at any time before the verdict.Example: A defendant might change their plea to guilty just before the trial begins to receive a reduced sentence.
Mode of Trial
Public Access: Court proceedings are open to the public unless a judge decides otherwise.Example: A high-profile case might have limited access to prevent media interference.
Judge & Jury: The jury determines facts, while the judge applies the law.Example: In a murder trial, the jury will decide if the defendant is guilty or not, while the judge ensures legal procedures are followed.
The Trial
Stay of Proceedings: The Crown may decide to suspend or end proceedings.Example: If key evidence is lost, the Crown may apply for a stay of proceedings.
Crown’s Role: The Crown calls witnesses and presents evidence to prove guilt beyond a reasonable doubt.Example: The Crown might present forensic evidence in a robbery case to prove the defendant’s guilt.
Defence’s Role: The defence challenges evidence and may cross-examine witnesses.Example: The defence lawyer might challenge the credibility of a witness who saw the crime from a distance.
Common Defences
Mistaken Identity: The accused may argue they were wrongly identified.Example: A person accused of stealing might argue they were in a different location at the time.
Mental State: The accused was not mentally capable of committing the crime.Example: A person with a diagnosed mental illness may argue they were not responsible for an assault.
Justifications (Excuses): The accused acted in self-defense.Example: A person charged with assault might argue they were defending themselves from an attacker.
Crime Victims
Victims’ Needs: Criminal courts often overlook the needs of victims.Example: A victim of domestic violence may not have their emotional needs addressed during the trial.
Restitution: Offenders may be ordered to compensate victims for property loss or damage.Example: A thief may be ordered to pay restitution for the stolen goods.
Criminal Injury Compensation: Victims may receive financial support.Example: A victim of a violent assault may receive compensation for medical expenses through criminal injury compensation programs.
Wrongful Convictions
At-Risk Groups: Marginalized individuals, especially Indigenous people, are more likely to be wrongfully convicted.Example: A young Indigenous man might be wrongfully convicted due to biased investigation practices.
Causes: Mistakes such as false confessions, unreliable witnesses, and tunnel vision can lead to wrongful convictions.Example: A person might confess to a crime they didn’t commit due to intense police pressure.
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