FINAL EXAM Flashcards
problem-solving courts
SPECIALIZED courts that are designed to DIVERT offenders with SPECIAL NEEDS from the CJS. departure from the adversarial system. its a shift to treatment and rehabilitation. They address issues that LED to offending, promote accountability
therapeutic justice
approach in problem-solving courts that uses the law and courts authority as CHANGE AGENTS to promote the HEALTH and WELL-BEING of offenders, while ensuring the their LEGAL RIGHTS are PROTECTED and justice is done
courtroom workgroup
the CJ professionals, incl. judge, Crown counsel, and defence lawyer that are PRESENT in the criminal courtroom
judicial independence
judges are NOT SUBJECT to pressure and influence and are FREE to make impartial decisions based solely on fact and law. No political interference
what are the 4 levels of courts that deal with criminal cases?
1) prov/terr. courts
2) prov/terr superior courts
3) provincial appellate courts
4) Supreme Court of Canada
Summary conviction offence
less serious crime. maximum penalty of a fine (not to exceed $5000) or 6 months in provincial correctional facility, or BOTH.
indictable offence
more serious criminal offence. may max sentence from 14 yrs to life.
example: murder, robbery, aggravated sexual assault
Hybrid (or elective) offences
Offences that can be PROCEEDED by summary or indictment - decision always made by Crown
preliminary hearing (aka preliminary inquiry)
a hearing to determine if there is SUFFICIENT EVIDENCE to WARRANT a criminal trial
Judicial interim release (BAIL)
the RELEASE of a person charged with a criminal offence prior to trial
remand
the status of accused persons in custody AWAITING trial or sentencing
security certificates
a process where NON-CANADIAN citizens who are deemed a THREAT can be held WITHOUT charge for an indefinite period of time
plea bargaining
agreement where an accused pleads guilty in exchange for the promise of a benefit
open-court principle
principle that with certain exceptions, every stage of the court process MUST be OPEN and ACCESSIBLE to PUBLIC
stay of proceedings
an act by the Crown to TERMINATE or SUSPEND court proceedings AFTER they have commended
not criminally responsible on account of mental disorder (NCRMD)
a defence that RELIEVES the accused person of criminal responsibility due to a mental disorder
restitution
court-ordered PAYMENT that the offender makes to the victim to COMPENSATE for LOSS of or DAMAGE TO PROPERTY
criminal injury compensation
financial remuneration paid to crime victims
proportionality (in sentencing)
sentence must be PROPORTIONATE to the GRAVITY of offence and to DEGREE of RESPONSIBILITY of the offender
principle of restraint (in sentencing)
ensures that sentence imposed is JUST and APPROPRIATE punishment and nothing more
suspended sentence
sentencing option where the judge CONVICTS the accused but doesn’t give a sentence and instead gives a probation order. If the offender doesn’t breach anything then no sentence will be given
intermittent sentence
sentence that is served on PART-TIME basis, usually weekends
probation
sentence given to offender by a judge where offender is SUPERVISED in the community by a probation officer. This is either as an alternative option than custody or in CONJUNCTION with a period of incarceration in a prov/terr correctional institution
concurrent sentences
sentences that COMBO and are served simultaneously