Final Exam Flashcards
1
Q
Stare Decisis
A
legal principle whereby courts are bound by their prior decisions and the decisions of higher courts.
2
Q
Common Law is based on…
A
Stare Decisis
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)
4
Q
Standard of Proof
A
Beyond a reasonable doubt
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.
6
Q
Standard of Proof: who failed to prove guilt?
A
Crown Prosecutor
7
Q
Substantiative Law
A
refers to the rules that define rights and obligations.
8
Q
Procedural Law
A
focuses on the rules that determine the enforcement of rights, or what is called due process.
9
Q
Negligence
A
result of an act of commission or omission that shows disregard for the well-being of others.
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.
11
Q
R v Cleghorn: What did the supreme court decide?
A
that alibi evidence must be adequate and timely.
12
Q
Adequate alibi
A
one that contains sufficient detail to allow the police to verify its validity
13
Q
Timely Alibi
A
one that is revealed to authorities well before trial
14
Q
What are justifications for committing a crime?
A
consent, duress, entrapment, necessity, provocation, and self-defence (or defence of others).
15
Q
Duress
A
the individual does not act voluntarily but acts in response to threats from another person.
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.
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
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
19
Q
Excuse can include
A
age, automatism, mental disorder, mistake
20
Q
Automatism
A
if they committed a criminal offence when they were in a state of impaired consciousness.
21
Q
Mistake of Law
A
refers to when the accused person claims they did not realize they had committed an illegal act
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.
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
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
25
jury nullification
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
26
defence counsel
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)
27
specialized courts
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
28
most commonly used sentence
probation
29
3 standard conditions for probation orders
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.
30
conditional sentencing
allow individuals to serve their custody sentences in the community if they follow strict conditions.
31
absolute discharge
finding guilt without registering a conviction
32
which situations are absolute discharge available
(1) there is no minimum penalty for the offence
| (2) the offence is not punishable by imprisonment for fourteen years or life
33
self representation occurred in 80% of all family court cases and 60% of all civil court cases
.
34
The “burden of the court” hypothesis suggests that Canadians who self-represent place a burden on the court system because
1. The prosecution and the judge are forced to assist the defendant.
2. Self-represented defendants slow down the court process.
35
who has appeal courts
provinces and territories
36
specialized courts are also known as...
problem-solving courts
37
specialized courts crime stats
23%: cases involved crimes against property
| 24%: person violent crime
38
how many cases does the SC handle per year
65-80
39
How many cases are hand picked by the SC
about half
40
judicial review
concluding whether a law is constitutional or not
41
what proof is required to proceed with a criminal trial
probable cause
42
what proof is required to convict in court
beyond a reasonable doubt
43
two main players that don't play a big role in court
victim and the accused
44
T/F: in most criminal cases, the accused pleads guilty
true
45
Ericson and Baranek found that ___ /____ of accused individuals plead guilty to at least one criminal charge
91/131
46
what is the key role fo the defense lawyer
ensure that their clients rights are protected.
47
what do defense lawyers do
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
48
what is the key role of the crown prosecutor
enforce the law and maintain justice.
49
what does the crown prosecutor do
Ensure that the trial process is fair to all, evidence is presented accurately and integrity of the justice process is maintained
50
the crown prosecutor must follow...
Stinchcombe
51
why do crown prosecutors face role conflict
there are pressures to successfully convict
52
Gomme and Hall found that crown prosecutors prosecuted _____ cases per day
6-10
53
key role of judges
expected to uphold the rights of the accused and arbitrate any disputes between a prosecutor and defense lawyer.
54
key role of judges
expected to uphold the rights of the accused and arbitrate any disputes between a prosecutor and defense lawyer.
55
what is the start of the adjudication stage
criminal trial
56
Thomas (2004) argued that only _% of cases were heard at the superior level
2
57
for indictable offenses, the accused is most likely to
plead not guilty
58
during which stage of indictable offense trial does the accused enter a general plea
preliminary hearing
59
what is the point of a preliminary hearing
ascertain whether there exists enough evidence for a case to proceed, and to protect the accused from an unnecessary trial.
60
T/F: the crown needs to present all evidence at the preliminary hearing
False
61
T/F: Crown prosecutors have significant discretion in whether or not they wish to proceed with a case
True
62
what are the benefits of plea bargaining
Efficiency gains
Workload reductions
Reduces CJS credibility
Reduction in trauma felt by victim
63
charge bargaining
Actual charges will be placed by the defense
| Prosecution by reducing the disparity of the charges
64
sentence bargaining
severity of the sentence is debated
65
procedural bargaining
whether the prosecution should move forward, summary or indictable offense
66
fact bargaining
commit to withhold some of the facts from the judge
67
Label Bargaining
Label is negotiated by the council
68
what are the disadvantages of plea bargaining
```
Unfair and hidden process
Cost reductions
Too much leniency
Avoids due process standards
Innocent people may feel pressure to bargain
```
69
T/F? Appeal courts are “higher” than superior courts.
True
70
T/F? Fact bargaining takes place when the defense and prosecutor agree not to include some facts of a case
True
71
what principles of the CJS has the charter reinforced?
Fair trial.
Protection of due process rights.
Freedom from cruel and unusual punishment
72
section 7
individual rights are protected
73
section 8
individuals have the right to a reasonable expectation of privacy.
74
section 9
people cannot be arbitrarily detained
75
section 10
rights of the accused when detained (Habeus corpus-unlawful detention assessment)
76
section 11
indicates the rights people have when charged with an offence (R v. Askov).
77
section 12
stipulates fair punishment.
78
section 13
freedom from self-incrimination.
79
section 14
right to an interpretor
80
section 15
equality rights
81
section 24
remedies for violation of the above rights
82
the charter has ruled in which four areas
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
corpus delecti: the state must prove the following in order to convict
1. Legality.
2. Mens rea.
3. Actus reus.
4. Concurrence of mens rea and actus reus.
5. Harm.
6. Causation.
7. Punishment
84
excuse defenses include
```
Age.
Mental disorder
Automatism
Mistake of fact
Mistake of law
```
85
in which cases can the provocation defense be used
murder cases, it is a partial defense that will not fully exonerate
86
summary conviction sentences are generally punishable...
up to six months and a maximum fine of $2,000.
87
indictable offenses
```
Less serious (theft under $5,000) are known as absolute jurisdiction indictable offenses.
The most serious are Supreme Court exclusive indictable offenses.
```
88
what is followed when charging and convicting
corpus delecti
89
levels of culpability
purposely
knowingly
recklessly
negligence
90
ASIRT investigated 71 officer related shootings and in custody deaths, only brought charges to how many cases
1
91
in what cases does the accused have the right to a jury trial
when the maximum punishment for the crime carries a term of five years or more
92
who has the burden of establishing guilt
the state
93
Jordan (2016) did what
30 month trial window
| provincial courts is 18 months
94
which section of the charter includes the right to a speedy trial
section 7
95
R. v. Askov established what
the right to a speedy trial - it took nearly two years for this case
96
when are publication bans put in place
sexual assault cases, youth cases, and cases where the fairness of trials is put at risk
97
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?
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
who can appeal a verdict
defendant and the prosecution
99
For indictable offences, the accused may appeal the conviction on....
a point of law, a question of fact, or the length of the sentence
100
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.
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
When judges decide the fate of any given criminal, they rely heavily on
pre-sentencing reports created by probation officers.
102
pre-sentencing reports were used in __% of all serious offences such as assault.
61%
103
Hagan and Boldt et al. found that judges used these [pre-sentencing reports] recommendations in __% of cases
80%
104
US participants believed that punishing the criminal appropriately was the main goal of sentencing (53%),
105
deterrence
prevent crime,
based on swift punishment
Uniformed punishment
106
selective incapacitation
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
the justice model
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
restoration
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
aggravating circumstances
```
Previous convictions
Gang activity
Victim vulnerability
Planning and organization
Multiple criminal offences
Use/threat of weapon
Brutality
```
110
mitigating circumstances
```
First-time offender
Employment record
Rehabilitative efforts since crime
Disadvantaged background
Guilty plea and remorse
Prosecution time
Good character
```
111
judges are governed by three factors
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
In PEI, drunk driving receives a term of incarceration and makes up __% of all crime.
30%
113
sentencing circles are usually used for which type of offense
property offences
114
issues in sentencing include
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
what are the six rationales used for sentencing?
```
deterrence
selective incapacitation
rehabilitation
justice model
restoration
healing
```
116
the Conservative government passed Bill C-12, known as the Safe Streets and Communities Act.
The legislation was rooted in...
the justice model
117
Bill-C12 introduced...
Mandatory minimums for drug trafficking, sex crimes, and child exploitation.
118
why were many lawyers upset with mandatory minimum sentencing
moved the discretion of cases
119
mandatory minimums are a form of which sentencing
determinate sentencing
120
“Truth-in-sentencing” laws require a person to serve at least __% of their sentence.
85%
121
conservatives favour which model
the justice model
122
liberals favour which model
rehabilitation model
123
Huff (1986) estimated that __% of all felony convictions were incorrect.
0.5%
124
For every 1,000 individuals convicted of a serious crime, _ are actually innocent. That translates into 34,250 per year in the US
5
125
wrongful convictions were the result of
eye witness error (most common cause)
forensic errors (Dr Charles Smith)
Overzealous or unethical police and prosecutors.
126
Scheck et al. argued that __% of wrongful convictions were the result of a dysfunctional Crown “culture”
63%
127
T/F? Presumptive sentences are the same as sentencing guidelines.
True
128
presumptive sentences...
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
Presumptive sentences have four purposes
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
Miethe and Moore argued that sentencing guidelines...
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
why were victim impact statements proposed in the 1980s?
to recognize the rights of victims.
132
Opponents of victim impact statements maintained that
they would challenge the adversarial system, pressure judges, cause vindictiveness, and decrease court efficiency
