Final Flashcards
When and where does the pre-trial procedure occur?
Happens in court prior to court date
3 Key moments in pre-trial appearances
Initial Appearance
Arraignment Hearing
Trial Confirmation Hearing
Who are the 3 players in the adversarial system?
Judge
Crown
Defense Counsel
What are the three constitutional protections that ensure judicial independence.
Security of tenure,
Financial security, and
Administrative independence.
What are the 3 types of privileged information that crown can protect?
Protection of police Informers
Solicitor Client privilege
Protection of police investigative techniques
What is first party record evidence?
Evidence that is in possession of police or c rown
Ethical differences between Crown and Council?
crown has to disclose everything while defence doesnt have to disclose anything
Is Plea bargaining binding to the Judge?
No
What can a plea involve?
Plea to same offence
Plea to different offence
Agreement on facts to be submitted
Agreement on sentence to be asked for
What is the purpose of plea bargaining?
Avoids trial Avoids witnesses having to testify Avoids potential loss or problems Avoids potential bad case law Helps manage trial schedules in court
What is a guilty plea vs a non guilty plea
Guilty = you admit crown can prove everything, and waiver of charter right (must be voluntary)
Not guilty = no admission, showing up saying you want a trial, can change your mind at anytime
What offences can the accused plea to?
Can be the offense as charged Can be some of the offenses and not all Can be lesser included offense Can be completely new offense Can roll counts together
What is a preliminary Inquiry
A screening process to ensure only viable cases go to trial
Crown must lead some evidence on each element of the offence, does not ave to be beyond a reasonable doubt
Judge can discharge or say the accused must stand
What are the 3 basic grounds for attacks on the information?
Insufficiency
Duplicity
Improper joinder
What is the structure of a trial?
Crown opening Crown evidence Defence motions re crown case (can challenge that crown has not proved its case) Defence opening Defence evidence Closings Decision
What are the two motions defence can make to have charges dismissed?
No evidence
Insufficient Evidence motion
Who could be disqualified from being a juror
) A person is disqualified from serving as a juror who is: Not a Canadian citizen, Not resident in British Columbia, Under the age of majority, A member Parliament ,
How is a Jury picked?
Impartiality and representative Sheriff assembles an “Array” Large group of people from voters list Summonsed to appear at selection date From this “Array” the jury “Panel” is selected.
How is a juror challenged?
As their name is called, they step forward in front of the judge, crown and defence, and counsel my accept them by indicating “content” or challenge them either PEREMPTORILY or FOR CAUSE
What happens if the jury can not reach a unanimous
It results in a hung jury
Principles of sentencing
Lowest sentence appropriate
Non-jail if possible
similar sentence for similar offenders and similar offences
Incremental increase for repetition of offences
Proportional to gravity of offence
Credit for dead time 1 for 1 usually
Key guiding principle of sentencing
A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
Sentencing options the judge has?
Absolute Discharge Conditional Discharge Probation Fine Conditional Sentence of Imprisonment Imprisonment Intermittent sentence
What kind of appeals against the verdict or sentence are available to Crown and Defence?
Crown limited to arguing an error of law
Defence can argue error of law or error of fact
Three options the appeal court has?
Court can dismiss appeal
Allow appeal and order new trial
Allow appeal and reverse verdict- except in jury trial acquittal
