L6: Pretrial Criminal Procedure and The Courts Procedure Flashcards
What is the initial court appearance of a defendant after called?
The First Appearance
What stage of the Trial procedure is bail decided and the appointment of legal aid lawyers?
The First appearance
The judicial interim release hearing is also know as ….
Bail
What is considered the most important step for an accused person in the criminal process?
Bail
What was the basis for bail in Canada? (ACT)
- The Bail Reform Act
- established interim release
Whats the courts preference on bail or no bail?
-Bail
-Releasing suspects back into the community pending trial
What is the purpose of bail?
- not to place suspects in detention unless it was the only way to guarantee their appearance in court
In the Ladder Approach, what does the prosecutor have to justify?
must justify greater degrees of restrictions on the accused
List some potential release conditions of someone placed on bail:
- have to report to a police officer
- recognizance / bond
- deposit
Whats the job of a surety?
to monitor accused until trial
T/F: Most Bail hearings are quick.
True
If a debate were to arise during a bail hearing what is it likely about?
- typically about the conditions of the release and not the actual release its self
What is legal aid?
A government-supported system that allows low-income individuals to receive free legal services.
How does the CCRF protect your right to legal aid?
-section 10b. (don’t need to know section)
-states the “right to retain council without delay”
What did defence lawyers offer back in the day in respect to legal aid?
- free legal aid/ pro bono services
- to fulfill social responsibility
What province was the first to offer legal aid?
Ontario
List the 3 models of Legal Aid
- Judicare
- Public Defender
- Mixed Approach
What do you need to receive in order to qualify for Judicare?
- a certificate that can can go find a lawyer with
What are the benefits of the Judicare Model?
- lower costs
- one lawyer from start to finish of a case
- you get to pick your lawyer
- the client can make a selection based on the best interest
What is the main function of the Public Defender Model?
- the defence lawyers are employed by the provincial government
Benefits of the Public Defender Model
- lawyers are on a salary
-better representation
-centralized system = better efficiency
What is the function of the Mixed System Model?
- the recipients of legal aid choose from a panel
- whether the lawyers are on government salary or are private lawyers
Which model emerged out of less and less funding towards legal aid?
The self help model
Whats the basics of the Self Help model?
- recipient is on their own
-purchases unbundled services, at multiple steps of the legal system, - no on going representation
When and Why is there a Prosecutorial Screening Process?
- when = after the police make the arrest and lay charges
- why = many defendants are never brought to trial
During the Prosecutor Screening Process whats the role of discretion?
the crown prosecutors have unfettered discretion, can decide what, when and the conditions of charges
List some things the Prosecutor in the screening process can decide:
- trying the case in court or not
- plea bargaining
- Staying proceedings
- Dismissing Charges
What’s the most important factor when deciding whether or not to proceed with a case?
whether there’s sufficient evidence or not.
Functions of the Transfer Model: (depends on ——-)
- little screening
- charge most cases
- depends on resources
Functions of the Unit Model:
- prosecutors use a larger amount of discretion
- minimal organization guidance
Functions of the Legal Sufficiency Model:
- cases are screened by legal elements
- if there are sufficient legal grounds the case will go ahead
Functions of System Efficiency Model:
- Cases are disposed of as quickly as possible
- only the cases with a high likely hood of success are pushed on
Functions of Trial Sufficiency Model:
- Only if conviction is likely will the case go to court
- resources secondary
Functions of Defendant Rehabilitation Model:
- just pushes the idea of the possibility to rehabilitate the defendant
What is considered to be a Plea Bargain?
Any agreement by the accused to plead guilty in return for the promise of some benefit
Why does plea bargaining exist?
- to increase the efficiency of CJS
- decrease costs
- decrease prosecutorial workload
- reduce victim trauma
What do crime control advocates think about plea bargaining?
it’s unfair, hidden and shows leniency
What is Charge Bargaining?
-bargaining in regards to the charge
-may involve: reduction or drop of charges
What is Sentence Bargaining?
-bargaining in regards to the sentence ‘
-may involve: arranging sentence with a certain judge, to proceed summarily v.s indictment
What is Fact Bargaining?
-where a crown prosecutor would agree not to mention the circumstance of event
- leave out certain information
What is Label Bargaining?
- where there’s an attempt by the defence to avoid a 1negative label by offering to plead guilty
What are the 4 types of Bargaining?
- Charge
- Sentence
- Fact
- Label
Whats the role of the jury?
to decide the facts from the trial evidence and apply the law to them, to come to a verdict
Is the right to Jury Trial covered under the CCRF?
Yes.
When is Trial by jury used?
- more serious cases
- at least over a 5-year punishment for case
How many steps are there in the jury selection process and where do they occur?
-there are 4 steps
- 3 outside court
- 1 inside court
How many people are typically on a jury? What’s done when the candidates are selected?
-12 members
- there sworn in
What is a challenge for cause? (jury)
caused needed for a jury candidate to be disqualified
What is a peremptory challange? (jury)
no caused needed for a jury candidate to be disqualified
What are the three models that explain the function of the courts?
- Due process
- Crime Control
- Bureaucratic Function
Due Process Model
- focuses on the rights of the accused
- makes sure CCRF are protected
- believes the best way to obtain fairness is through adjudication
Crime Control Model
- individual liberties are a secondary consideration
- focuses on protection of the society
- emphasis on punishment
- goal: justice, deterrence
Bureaucratic Model
- the main focus is speed
- day-to-day operation
- avoid backlogs
-Success is considered to speed of case through CJS
What amount of proof is needed before trial to have a case brought to court?
Probable cause
What standard needs to be met in court to convict an individual?
proof beyond reasonable doubt
What is essential in regard to procedural justice in the court?
Public trust - essential to legitimacy of the legal system
T/F: If a decision is made in court through fair procedure, there is a higher likelihood of agreeing to a decision
TRUE
T/F: most cases accused pleads not guilty to charges at first appearance
false. they plead guilty
Role of a Defence Lawyer
represents the legal rights of the accused and tries to ensure that the criminal justice proceedings operate fairly
Role of Prosecutor
-present the state’s case against the defendant
- enforce the law and maintain justice by presenting all relevant evidence
What is the primary duty of the Crown Prosecutor?
not conviction
Judges Role in the Courtroom
-uphold the rights of the accused
- determine cases guilt or innocence
- type/ length of sentence
What’s the Criminal Trial known as in regards to the court system?
the centerpiece
A formal process that strictly follows the rules of evidence, procedure and criminal law is known as…
Criminal Trial
T/F: Criminal trial is similar to how it’s showcased on TV
False its a contrast
Whats an example of an expert witness?
Medical examiner. Someone who specializes and is an expert in there field
Clothing and weapons is an example of ….
Real Evidence
Observations of eyewitnesses is an example of…
Direct Evidence
Finding fingerprints on the scene is an example of … why?
-circumstantial evidence
- While this does not directly prove that the person committed the crime, it suggests a connection to the scene
