FINAL - Courts 1

Question 1

burden of the courts

Answer 1

self-representation is BAD
- prosecution/judge has to help the defendant
- slows the judicial process
** Hann, Nuff., al. argued that burden is solely on defendant and lowers their chance of success.

Question 2

criminal courts: layout

Answer 2

14 - 13 provincial, 1 federal
higher court: indictable offences
lower court: summary convictions

Question 3

Supreme Court

Answer 3

65-80 cases per year, 50% hand picked

Question 4

court system: pre-trial and in-trial (+ how many plead guilty)

Answer 4

pre-trial: only probable cause REQUIRED
in-trial: guilt beyond reasonable doubt REQUIRED, 70% plead guilty

Question 5

plea bargaining (pros and cons)

Answer 5

any agreement to some sort of sentencing benefit/relief
- pros: efficient, low cost, low effort, and low trauma
- cons: hidden, lenient, decreases court credibility, avoids due process, innocent people are pressured to bargain

Question 6

conflict perspective

Answer 6

poor people = more likely to be convicted

Question 7

specialized courts

Answer 7

mostly problem solving (underlying problems, interagency, accountability)

Question 8

role in court: defense lawyer

Answer 8

ensure accused’s rights are protected

Question 9

role in court: crown prosecutor

Answer 9

enforce the law, maintain justice

Question 10

role in court: judge

Answer 10

upholding rights and arbitration

Question 11

trial procedures: prelim. plea

Answer 11

preliminary plea: 90% will plead guilty before the trial begins

Question 12

trial procedure: preliminary hearing & crown

Answer 12

decides if there is sufficient evidence to proceed with the rest of the criminal trial process
crown: presents only evidence that they THINK will be needed to win a case.

Question 13

stinchcombe 1991

Answer 13

the defendant has a right to know everything that’s going on in the prosecutor’s charges
any undisclosed evidence = invalid in court