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Soci 327 > Final Exam > Flashcards

Final Exam Flashcards

1
Q

Stare Decisis

A

legal principle whereby courts are bound by their prior decisions and the decisions of higher courts.

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2
Q

Common Law is based on…

A

Stare Decisis

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3
Q

Burden of Proof

A

Crown prosecutors must prove that the accused person is guilty prior to a conviction (or accept a plea of guilt)

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4
Q

Standard of Proof

A

Beyond a reasonable doubt

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5
Q

Standard of Proof: If guilt cannot be proven…

A

Canadian judges or juries must clear a defendant even if they think that he or she is probably guilty.

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6
Q

Standard of Proof: who failed to prove guilt?

A

Crown Prosecutor

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7
Q

Substantiative Law

A

refers to the rules that define rights and obligations.

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8
Q

Procedural Law

A

focuses on the rules that determine the enforcement of rights, or what is called due process.

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9
Q

Negligence

A

result of an act of commission or omission that shows disregard for the well-being of others.

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10
Q

Alibis

A

The accused claims that he or she was elsewhere at the time and scene of a crime, so it is impossible they were directly involved in the offence.

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11
Q

R v Cleghorn: What did the supreme court decide?

A

that alibi evidence must be adequate and timely.

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12
Q

Adequate alibi

A

one that contains sufficient detail to allow the police to verify its validity

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13
Q

Timely Alibi

A

one that is revealed to authorities well before trial

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14
Q

What are justifications for committing a crime?

A

consent, duress, entrapment, necessity, provocation, and self-defence (or defence of others).

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15
Q

Duress

A

the individual does not act voluntarily but acts in response to threats from another person.

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16
Q

Entrapment

A

when police or government officials persuade or lure an individual into carrying out an offence that he or she would not otherwise have committed.

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17
Q

What about entrapment is unlike other defenses?

A

this justification can be made only after the accused is found guilty, and the burden is on the defence counsel to prove that entrapment occurred

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18
Q

Necessity

A

where an illegal act was carried out to prevent a more serious harm, a situation where the individual had “no choice” but to break the law

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19
Q

Excuse can include

A

age, automatism, mental disorder, mistake

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20
Q

Automatism

A

if they committed a criminal offence when they were in a state of impaired consciousness.

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21
Q

Mistake of Law

A

refers to when the accused person claims they did not realize they had committed an illegal act

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22
Q

Mistake of Fact

A

occurs when the accused person was aware of the law but honestly believed that the act they committed did not break it.

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23
Q

courtroom work group

A

A way for this group to maximize their efficiency would be to put aside adversarial behavior (for minor criminal cases) and make decisions based on a shared understanding of punishments for many crimes

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24
Q

What is a problem with legal aid services

A

often stretched thin, which increases the likelihood of errors occurring during the legal process

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25
Q

jury nullification

A

when a jury refuses to convict an obviously guilty person because the jury believes that the conviction and punishment may be worse than the crime

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26
Q

defence counsel

A

Trained lawyers who may be supported by paralegals (have basic legal training and may represent their clients in traffic courts and carry out legal research—although their roles vary between the provinces)

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27
Q

specialized courts

A

For people who may have mental health disorders, they will commit minor offences, be brought to the court, then released back into the community.In response to this, we have the specialized courts who are also called problem-solving courts or therapeutic courts—are being established across Canada

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28
Q

most commonly used sentence

A

probation

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29
Q

3 standard conditions for probation orders

A

keeping the peace and being on good behaviour
reporting to the court when required
advising the court or probation officer of any changes in address or job.

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30
Q

conditional sentencing

A

allow individuals to serve their custody sentences in the community if they follow strict conditions.

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31
Q

absolute discharge

A

finding guilt without registering a conviction

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32
Q

which situations are absolute discharge available

A

(1) there is no minimum penalty for the offence

(2) the offence is not punishable by imprisonment for fourteen years or life

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33
Q

self representation occurred in 80% of all family court cases and 60% of all civil court cases

A

.

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34
Q

The “burden of the court” hypothesis suggests that Canadians who self-represent place a burden on the court system because

A
  1. The prosecution and the judge are forced to assist the defendant.
  2. Self-represented defendants slow down the court process.
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35
Q

who has appeal courts

A

provinces and territories

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36
Q

specialized courts are also known as…

A

problem-solving courts

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37
Q

specialized courts crime stats

A

23%: cases involved crimes against property

24%: person violent crime

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38
Q

how many cases does the SC handle per year

A

65-80

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39
Q

How many cases are hand picked by the SC

A

about half

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40
Q

judicial review

A

concluding whether a law is constitutional or not

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41
Q

what proof is required to proceed with a criminal trial

A

probable cause

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42
Q

what proof is required to convict in court

A

beyond a reasonable doubt

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43
Q

two main players that don’t play a big role in court

A

victim and the accused

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44
Q

T/F: in most criminal cases, the accused pleads guilty

A

true

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45
Q

Ericson and Baranek found that ___ /____ of accused individuals plead guilty to at least one criminal charge

A

91/131

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46
Q

what is the key role fo the defense lawyer

A

ensure that their clients rights are protected.

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47
Q

what do defense lawyers do

A

They examine evidence to assess the strength of the Crown’s case, explain to their clients what is happening at each stage, sometimes hire experts to investigate a case, and obtain second opinions in regards to evidence

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48
Q

what is the key role of the crown prosecutor

A

enforce the law and maintain justice.

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49
Q

what does the crown prosecutor do

A

Ensure that the trial process is fair to all, evidence is presented accurately and integrity of the justice process is maintained

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50
Q

the crown prosecutor must follow…

A

Stinchcombe

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51
Q

why do crown prosecutors face role conflict

A

there are pressures to successfully convict

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52
Q

Gomme and Hall found that crown prosecutors prosecuted _____ cases per day

A

6-10

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53
Q

key role of judges

A

expected to uphold the rights of the accused and arbitrate any disputes between a prosecutor and defense lawyer.

54
Q

key role of judges

A

expected to uphold the rights of the accused and arbitrate any disputes between a prosecutor and defense lawyer.

55
Q

what is the start of the adjudication stage

A

criminal trial

56
Q

Thomas (2004) argued that only _% of cases were heard at the superior level

A

2

57
Q

for indictable offenses, the accused is most likely to

A

plead not guilty

58
Q

during which stage of indictable offense trial does the accused enter a general plea

A

preliminary hearing

59
Q

what is the point of a preliminary hearing

A

ascertain whether there exists enough evidence for a case to proceed, and to protect the accused from an unnecessary trial.

60
Q

T/F: the crown needs to present all evidence at the preliminary hearing

A

False

61
Q

T/F: Crown prosecutors have significant discretion in whether or not they wish to proceed with a case

A

True

62
Q

what are the benefits of plea bargaining

A

Efficiency gains
Workload reductions
Reduces CJS credibility
Reduction in trauma felt by victim

63
Q

charge bargaining

A

Actual charges will be placed by the defense

Prosecution by reducing the disparity of the charges

64
Q

sentence bargaining

A

severity of the sentence is debated

65
Q

procedural bargaining

A

whether the prosecution should move forward, summary or indictable offense

66
Q

fact bargaining

A

commit to withhold some of the facts from the judge

67
Q

Label Bargaining

A

Label is negotiated by the council

68
Q

what are the disadvantages of plea bargaining

A 
Unfair and hidden process 
Cost reductions 
Too much leniency 
Avoids due process standards 
Innocent people may feel pressure to bargain
69
Q

T/F? Appeal courts are “higher” than superior courts.

A

True

70
Q

T/F? Fact bargaining takes place when the defense and prosecutor agree not to include some facts of a case

A

True

71
Q

what principles of the CJS has the charter reinforced?

A

Fair trial.
Protection of due process rights.
Freedom from cruel and unusual punishment

72
Q

section 7

A

individual rights are protected

73
Q

section 8

A

individuals have the right to a reasonable expectation of privacy.

74
Q

section 9

A

people cannot be arbitrarily detained

75
Q

section 10

A

rights of the accused when detained (Habeus corpus-unlawful detention assessment)

76
Q

section 11

A

indicates the rights people have when charged with an offence (R v. Askov).

77
Q

section 12

A

stipulates fair punishment.

78
Q

section 13

A

freedom from self-incrimination.

79
Q

section 14

A

right to an interpretor

80
Q

section 15

A

equality rights

81
Q

section 24

A

remedies for violation of the above rights

82
Q

the charter has ruled in which four areas

A

the right to silence, disclosure, the right to make a full answer and defence, and the detention of those found not guilty by reason of insanity

83
Q

corpus delecti: the state must prove the following in order to convict

A
  1. Legality.
  2. Mens rea.
  3. Actus reus.
  4. Concurrence of mens rea and actus reus.
  5. Harm.
  6. Causation.
  7. Punishment
84
Q

excuse defenses include

A 
Age. 
Mental disorder
Automatism 
Mistake of fact
Mistake of law
85
Q

in which cases can the provocation defense be used

A

murder cases, it is a partial defense that will not fully exonerate

86
Q

summary conviction sentences are generally punishable…

A

up to six months and a maximum fine of $2,000.

87
Q

indictable offenses

A 
Less serious (theft under $5,000) are known as absolute jurisdiction indictable offenses. 
The most serious are Supreme Court exclusive indictable offenses.
88
Q

what is followed when charging and convicting

A

corpus delecti

89
Q

levels of culpability

A

purposely
knowingly
recklessly
negligence

90
Q

ASIRT investigated 71 officer related shootings and in custody deaths, only brought charges to how many cases

A

1

91
Q

in what cases does the accused have the right to a jury trial

A

when the maximum punishment for the crime carries a term of five years or more

92
Q

who has the burden of establishing guilt

A

the state

93
Q

Jordan (2016) did what

A

30 month trial window

provincial courts is 18 months

94
Q

which section of the charter includes the right to a speedy trial

A

section 7

95
Q

R. v. Askov established what

A

the right to a speedy trial - it took nearly two years for this case

96
Q

when are publication bans put in place

A

sexual assault cases, youth cases, and cases where the fairness of trials is put at risk

97
Q

After closing arguments, the judge charges the jury. This means that the judge instructs them on the relevant principles of law. what does this include?

A
  1. Definition of the crime.
  2. The presumption of innocence.
  3. The burden of proof.
  4. If reasonable doubt exists, then the jury must acquit
98
Q

who can appeal a verdict

A

defendant and the prosecution

99
Q

For indictable offences, the accused may appeal the conviction on….

A

a point of law, a question of fact, or the length of the sentence

100
Q

T/F? Although Canadians have a Charter right to a jury trial, they do not always receive a jury trial even when they desire one.

A

True. The accused only has the right to a jury trial when the punishment for the crime carries a 5-year term of imprisonment or more. Even though they may desire one, they may not have the right to it.

101
Q

When judges decide the fate of any given criminal, they rely heavily on

A

pre-sentencing reports created by probation officers.

102
Q

pre-sentencing reports were used in __% of all serious offences such as assault.

A

61%

103
Q

Hagan and Boldt et al. found that judges used these [pre-sentencing reports] recommendations in __% of cases

A

80%

104
Q

US participants believed that punishing the criminal appropriately was the main goal of sentencing (53%),

A
105
Q

deterrence

A

prevent crime,
based on swift punishment
Uniformed punishment

106
Q

selective incapacitation

A

select people from the population who are most likely to engage in crime (violent) crime and separate them
Homer arrest
Electronic monitoring
Three strikes legislation and you are out - was a failure

107
Q

the justice model

A

Stresses the doctrine of proportionality - punishment should fit the crime
Rights of the accused should always be protected - not too lenient - perfect balance of what is needed by society

108
Q

restoration

A

Stress that not only does the victims mental health needs to be restored, but the perpetrator of the crime needs to be restored back into society

109
Q

aggravating circumstances

A 
Previous convictions
Gang activity 
Victim vulnerability
Planning and organization 
Multiple criminal offences 
Use/threat of weapon
Brutality
110
Q

mitigating circumstances

A 
First-time offender
Employment record
Rehabilitative efforts since crime 
Disadvantaged background 
Guilty plea and remorse
Prosecution time
Good character
111
Q

judges are governed by three factors

A
  1. The direction given in the statutes.
  2. Rules and principles that offer guidance to the judge as to which dispositions should be used.
  3. The personal characteristics of the judge
112
Q

In PEI, drunk driving receives a term of incarceration and makes up __% of all crime.

A

30%

113
Q

sentencing circles are usually used for which type of offense

A

property offences

114
Q

issues in sentencing include

A

Disparity. – Much is the result of judges.
Courthouse norms. – Backlogs and plea bargains.
Sentencing discrimination. – Employment and detention.
Public opinion. – 62% of the public and 63% of the judiciary agree on which offenders should be incarcerated

115
Q

what are the six rationales used for sentencing?

A 
deterrence
selective incapacitation
rehabilitation
justice model
restoration
healing
116
Q

the Conservative government passed Bill C-12, known as the Safe Streets and Communities Act.
The legislation was rooted in…

A

the justice model

117
Q

Bill-C12 introduced…

A

Mandatory minimums for drug trafficking, sex crimes, and child exploitation.

118
Q

why were many lawyers upset with mandatory minimum sentencing

A

moved the discretion of cases

119
Q

mandatory minimums are a form of which sentencing

A

determinate sentencing

120
Q

“Truth-in-sentencing” laws require a person to serve at least __% of their sentence.

A

85%

121
Q

conservatives favour which model

A

the justice model

122
Q

liberals favour which model

A

rehabilitation model

123
Q

Huff (1986) estimated that __% of all felony convictions were incorrect.

A

0.5%

124
Q

For every 1,000 individuals convicted of a serious crime, _ are actually innocent. That translates into 34,250 per year in the US

A

5

125
Q

wrongful convictions were the result of

A

eye witness error (most common cause)
forensic errors (Dr Charles Smith)
Overzealous or unethical police and prosecutors.

126
Q

Scheck et al. argued that __% of wrongful convictions were the result of a dysfunctional Crown “culture”

A

63%

127
Q

T/F? Presumptive sentences are the same as sentencing guidelines.

A

True

128
Q

presumptive sentences…

A

offer judges a range of minimum and maximum penalties for any given convict.
They eliminate judicial discretion because decisions are based only on the severity of the crime and the prior record of the accused

129
Q

Presumptive sentences have four purposes

A
  1. Uniformity. Criminals will have similar sentences.
  2. Neutrality. Extralegal factors will not affect outcomes.
  3. Truth. Ensuring that what offenders serve is the same as what judges impose. Offenders will not take it as seriously
  4. Control. Preventing overcrowding in prisons.
130
Q

Miethe and Moore argued that sentencing guidelines…

A

Reduced judicial discretion and disparity.
Created a shift from property offenders to violent offenders being placed in prison.
Influenced judges and prosecutors to “bend” the rules by altering their charging and plea bargaining practices

131
Q

why were victim impact statements proposed in the 1980s?

A

to recognize the rights of victims.

132
Q

Opponents of victim impact statements maintained that

A

they would challenge the adversarial system, pressure judges, cause vindictiveness, and decrease court efficiency

Soci 327 (1 decks)

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