exam crimino Flashcards
Parties involved in the judicial process
Federal, Provincial/Territorial, Municipal
Federal
Decides which behaviors constitute a criminal offense
Provincial/Territorial
Responsible for law enforcement and the administering of the justice system
Municipal
Peace and good order for laws
Three different assumptions of the criminal justice in Canada
- Guilt, innocence and the sentence should be determined fairly and in accordance with the available evidence.
- Punishment should fit the offense as well as the offender
- Same cases should be treated alike and different cases differently
When is the justice model approach achieved in Canada?
when various agencies of the criminal justice follow rules and procedures that are publicly known, fair and just
Three major agencies of the criminal justice system
- The police
- The courts
- Corrections
The police
- Most high-profile component of the Canada justice system that requires a police officer to play a multifaceted role; counselor, psychologist, healer, enforcer, mediator, lister
- Officers must walk fine line between carrying out their enforcement role and ensuring that the rights of law-abiding citizens and suspects are protected
- Are the only agents of the criminal justice system with whom most Canadians ever have contact
- This contact often gives concerns with the powers and decision making of the police
Three main level of police agencies in Canada
- Municipal : 66% of all police officers that are sworn in Canada
- Provincial : Three provinces Quebec (SQ), Ontario (Ontario provincial police) and Newfoundland (The royal newfoundland constable)
- Federal : RCMP, Military police, Canadian pacific, CN
The courts
- The courts are responsible for determining the guilt or innocence of an accused persons and for imposing an appropriate sentence on those who are convicted
- They are also responsible for ensuring that the rights of accused persons are protected
Judicial independence is viewed as essential in the proper function of the courts (judges) - Citizens have the rights to have their cases tried by tribunals that are fair, impartial and immune from political interference
- Canada does not have a uniform court system, this often leads to considerable confusion when various provincial/territorial and federal courts are discussed
- With the exception of Nunavut, there are 4 levels of courts that deal with criminal cases
Canada’s Court System
See notes
Corrections
- When an accused is found guilty it is the responsibility of the correctional system to manage the offender
- With the structures, policies and programs to sanction, punish, treat and supervise in the community and in correctional institutions, the persons convicted of criminal offenses
- An accused found guilty may be sentenced to a term of incarceration in a federal or provincial/territorial correctional system
→ Federal - 2 years and more
→ Provincial/territorial - less than 2 years
The correctional system have both 2 components
- Non-carceral corrections related to offenders in non institutional settings (ex : parole officers, halfway houses)
- Carceral corrections related to correctional institutions (ex : inmates, correctional officers)
The due process model
Investigation
Arrest
Charge
First court appearance
Trial
Conviction
Sentencing
Incarceration
Investigation
Determine if there is a crime (Type)
- The officer must meet and question the people present to identify the victim(s), witness(es) and suspect(s)
- Collect evidence and protect the crime scene
- Give necessary help (ex: call ambulance for victim)
Arrest
With reasonable grounds
- Suspect - Rights and lawyer
- Victim - Inform the victim of different services offered to them and explain the process of arrest
- Crime victims assistance Centers 1-866-532-2822 (CAVAC)
Charge
Released or detained
- If detention - Delay not to be more than 24 hours. Now with video conferencing or by phone. Bail hearing if necessary - police officers will testify on the facts of the case.
- Released with conditions (safety of victim and witness) by a police officer (officer in charge) or judge by video conference or in court
- Inform the victim and witness of conditions of the release
First court appearance
During the appearance, a person suspected of committing a crime, or several crimes, comes before a judge for the first time. The person is officially accused of the crimes, pleads guilty or not guilty to each of the charges, and chooses the type of trial. Superior Court of the Court of Québec
Trial
- The hearing during which the prosecution tries to prove to the judge or jury that the accused is guilty beyond a reasonable doubt
- The police officer must make sure that the victim and witness are present to testify in court and make them revised their statements
Using your notes in court
- Have your original available when you testify in court
- Consult with the crown before proceeding if you have any questions or concerns about the possible use of your note
- If you wish to refer to your notes while testifying ask permission from the court first
- The judge may permit you to refresh your memory from the notes you made
- Do not plan to read from your notes when you testify
- Be prepared to have your notes inspected and questioned by the defense or the judge
Conviction
The verdict is what ends the trial. The judge or jury must decide unanimously whether the accused is guilty or innocent of the crimes alleged
Sentencing
At this stage, it is always up to the judge to decide the sentence
- He has great deal of discretion
- Base his decision on certain principes
- Promote respect to the law
- Take into account all aggravating or mitigating factors (no criminal record, play a minor role in the crime)
- Can hear victim and witness
- Sentencing options : absolute or conditional discharge, probation, suspended sentence and fines
- Restorative approaches (ex: Circle sentencing)
