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Criminal Justice > L6: Pretrial Criminal Procedure and The Courts Procedure > Flashcards

L6: Pretrial Criminal Procedure and The Courts Procedure Flashcards

1
Q

What is the initial court appearance of a defendant after called?

A

The First Appearance

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2
Q

What stage of the Trial procedure is bail decided and the appointment of legal aid lawyers?

A

The First appearance

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3
Q

The judicial interim release hearing is also know as ….

A

Bail

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4
Q

What is considered the most important step for an accused person in the criminal process?

A

Bail

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5
Q

What was the basis for bail in Canada? (ACT)

A
  • The Bail Reform Act
  • established interim release
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6
Q

Whats the courts preference on bail or no bail?

A

-Bail
-Releasing suspects back into the community pending trial

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7
Q

What is the purpose of bail?

A
  • not to place suspects in detention unless it was the only way to guarantee their appearance in court
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8
Q

In the Ladder Approach, what does the prosecutor have to justify?

A

must justify greater degrees of restrictions on the accused

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9
Q

List some potential release conditions of someone placed on bail:

A
  • have to report to a police officer
  • recognizance / bond
  • deposit
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10
Q

Whats the job of a surety?

A

to monitor accused until trial

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11
Q

T/F: Most Bail hearings are quick.

A

True

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12
Q

If a debate were to arise during a bail hearing what is it likely about?

A
  • typically about the conditions of the release and not the actual release its self
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13
Q

What is legal aid?

A

A government-supported system that allows low-income individuals to receive free legal services.

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14
Q

How does the CCRF protect your right to legal aid?

A

-section 10b. (don’t need to know section)
-states the “right to retain council without delay”

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15
Q

What did defence lawyers offer back in the day in respect to legal aid?

A
  • free legal aid/ pro bono services
  • to fulfill social responsibility
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16
Q

What province was the first to offer legal aid?

A

Ontario

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17
Q

List the 3 models of Legal Aid

A
  1. Judicare
  2. Public Defender
  3. Mixed Approach
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18
Q

What do you need to receive in order to qualify for Judicare?

A
  • a certificate that can can go find a lawyer with
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19
Q

What are the benefits of the Judicare Model?

A
  • 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
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20
Q

What is the main function of the Public Defender Model?

A
  • the defence lawyers are employed by the provincial government
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21
Q

Benefits of the Public Defender Model

A
  • lawyers are on a salary
    -better representation
    -centralized system = better efficiency
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22
Q

What is the function of the Mixed System Model?

A
  • the recipients of legal aid choose from a panel
  • whether the lawyers are on government salary or are private lawyers
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23
Q

Which model emerged out of less and less funding towards legal aid?

A

The self help model

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24
Q

Whats the basics of the Self Help model?

A
  • recipient is on their own
    -purchases unbundled services, at multiple steps of the legal system,
  • no on going representation
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25
Q

When and Why is there a Prosecutorial Screening Process?

A
  • when = after the police make the arrest and lay charges
  • why = many defendants are never brought to trial
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26
Q

During the Prosecutor Screening Process whats the role of discretion?

A

the crown prosecutors have unfettered discretion, can decide what, when and the conditions of charges

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27
Q

List some things the Prosecutor in the screening process can decide:

A
  • trying the case in court or not
  • plea bargaining
  • Staying proceedings
  • Dismissing Charges
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28
Q

What’s the most important factor when deciding whether or not to proceed with a case?

A

whether there’s sufficient evidence or not.

29
Q

Functions of the Transfer Model: (depends on ——-)

A
  • little screening
  • charge most cases
  • depends on resources
30
Q

Functions of the Unit Model:

A
  • prosecutors use a larger amount of discretion
  • minimal organization guidance
31
Q

Functions of the Legal Sufficiency Model:

A
  • cases are screened by legal elements
  • if there are sufficient legal grounds the case will go ahead
32
Q

Functions of System Efficiency Model:

A
  • Cases are disposed of as quickly as possible
  • only the cases with a high likely hood of success are pushed on
33
Q

Functions of Trial Sufficiency Model:

A
  • Only if conviction is likely will the case go to court
  • resources secondary
34
Q

Functions of Defendant Rehabilitation Model:

A
  • just pushes the idea of the possibility to rehabilitate the defendant
35
Q

What is considered to be a Plea Bargain?

A

Any agreement by the accused to plead guilty in return for the promise of some benefit

36
Q

Why does plea bargaining exist?

A
  • to increase the efficiency of CJS
  • decrease costs
  • decrease prosecutorial workload
  • reduce victim trauma
37
Q

What do crime control advocates think about plea bargaining?

A

it’s unfair, hidden and shows leniency

38
Q

What is Charge Bargaining?

A

-bargaining in regards to the charge
-may involve: reduction or drop of charges

39
Q

What is Sentence Bargaining?

A

-bargaining in regards to the sentence ‘
-may involve: arranging sentence with a certain judge, to proceed summarily v.s indictment

40
Q

What is Fact Bargaining?

A

-where a crown prosecutor would agree not to mention the circumstance of event
- leave out certain information

41
Q

What is Label Bargaining?

A
  • where there’s an attempt by the defence to avoid a 1negative label by offering to plead guilty
42
Q

What are the 4 types of Bargaining?

A
  1. Charge
  2. Sentence
  3. Fact
  4. Label
43
Q

Whats the role of the jury?

A

to decide the facts from the trial evidence and apply the law to them, to come to a verdict

44
Q

Is the right to Jury Trial covered under the CCRF?

A

Yes.

45
Q

When is Trial by jury used?

A
  • more serious cases
  • at least over a 5-year punishment for case
46
Q

How many steps are there in the jury selection process and where do they occur?

A

-there are 4 steps
- 3 outside court
- 1 inside court

47
Q

How many people are typically on a jury? What’s done when the candidates are selected?

A

-12 members
- there sworn in

48
Q

What is a challenge for cause? (jury)

A

caused needed for a jury candidate to be disqualified

49
Q

What is a peremptory challange? (jury)

A

no caused needed for a jury candidate to be disqualified

50
Q

What are the three models that explain the function of the courts?

A
  1. Due process
  2. Crime Control
  3. Bureaucratic Function
51
Q

Due Process Model

A
  • focuses on the rights of the accused
  • makes sure CCRF are protected
  • believes the best way to obtain fairness is through adjudication
52
Q

Crime Control Model

A
  • individual liberties are a secondary consideration
  • focuses on protection of the society
  • emphasis on punishment
  • goal: justice, deterrence
53
Q

Bureaucratic Model

A
  • the main focus is speed
  • day-to-day operation
  • avoid backlogs
    -Success is considered to speed of case through CJS
54
Q

What amount of proof is needed before trial to have a case brought to court?

A

Probable cause

55
Q

What standard needs to be met in court to convict an individual?

A

proof beyond reasonable doubt

56
Q

What is essential in regard to procedural justice in the court?

A

Public trust - essential to legitimacy of the legal system

57
Q

T/F: If a decision is made in court through fair procedure, there is a higher likelihood of agreeing to a decision

A

TRUE

58
Q

T/F: most cases accused pleads not guilty to charges at first appearance

A

false. they plead guilty

59
Q

Role of a Defence Lawyer

A

represents the legal rights of the accused and tries to ensure that the criminal justice proceedings operate fairly

60
Q

Role of Prosecutor

A

-present the state’s case against the defendant
- enforce the law and maintain justice by presenting all relevant evidence

61
Q

What is the primary duty of the Crown Prosecutor?

A

not conviction

62
Q

Judges Role in the Courtroom

A

-uphold the rights of the accused
- determine cases guilt or innocence
- type/ length of sentence

63
Q

What’s the Criminal Trial known as in regards to the court system?

A

the centerpiece

64
Q

A formal process that strictly follows the rules of evidence, procedure and criminal law is known as…

A

Criminal Trial

65
Q

T/F: Criminal trial is similar to how it’s showcased on TV

A

False its a contrast

66
Q

Whats an example of an expert witness?

A

Medical examiner. Someone who specializes and is an expert in there field

67
Q

Clothing and weapons is an example of ….

A

Real Evidence

68
Q

Observations of eyewitnesses is an example of…

A

Direct Evidence

69
Q

Finding fingerprints on the scene is an example of … why?

A

-circumstantial evidence
- While this does not directly prove that the person committed the crime, it suggests a connection to the scene

Criminal Justice (7 decks)

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