Law unit 4 quest

Question 1

What is disclosure and why is it important part to the legal process?

Answer 1

Prior to trial, Crown attorneys
must disclose all evidence to the defence, whether they intend to use it or not and this is what disclosure is in the legal process.

It ensures a fair trial for the accused.
and If there is a not enough evidence the charges may be dropped by the judge or crown

Question 2

What is Summary Conviction Offences (OFFENCES with less severe punishments) and an example?

Answer 2

Specifications:
No court appearance needed
Simplified to go through the court system faster
Limitation period for laying charges is 6 months
Conviction is usually held in Ontario Court of Justice
Maximum penalty’s is usually a 2k fine and 6 months in jail
Outcome is left in the hand of the judge, not a jury
Exception sexual assault
Not arrested but given a notice to appear in court

ACRONYM = C Lemmonns 2ms 2ns

Examples:
Speeding
Running a red light
Theft under 5k
Fraud under 5k

Question 3

What is Indictable Offences (SERIOUS OFFENCES) and examples of them?

Answer 3

Examples:
Theft over 5k
Breaking and entering
Aggravated assaults
Aggravated sexual assault
Murder
Manslaughter
Piracy, terrorism and treason (piracy is when u take something that does not belong to you and use it to ur benefit - like someone taking you information and black mailing you to pay for it back)
Arson

Specifications:

Requires a Warrant to be arrested
No statue of limitation - unlimited time to place charges however section 11(b) of the charter states the trial must occur within a reasonable time: usually 6 months
Judge decides punishments within the maximums outlined in the Criminal Code of Canada
Finger prints are required and to remove DNA from the court system there must be a written request
Appeals go to Provincial Court of Appeal first, then the Supreme court of Canada

Less serious offences accused chooses trial
trial by provincial judge
Trial by superior court judge of province without jury
Trial by superior court judge with a jury

More serious offences such as murder, terrorism and treason is tried by judge and jury 

         NFL Jarm

Question 4

What are Hybrid Offences?

Answer 4

A criminal offence proceeding by way of a summary conviction or an indictable offence: the Crown decides which way to proceed

No criminal record = summary

if crime involved weapons it will be INDICTABLE

EXAMPLES: impaired driving, assault public mischief, theft under $5K

MAXIMUM PENLITES RANG FROM 2-10 years

Question 5

What is Actus Reus?

Answer 5

Wrongful dead or guilty act (IS THE PERSON PROVEN GUILTY)
Voluntary act or commission of an act that is unlawful (not doing something)
Think actus as the act

Question 6

What is Mens Rea?

Answer 6

Means the guilty mind

When an act demonstrates - intent- knowledge or recklessness

Think mens as mentality

Manslaughter
- ur dead but i didn’t mean for you to die
- did you intend to the person harm
- still intent (so not intentional murder but intent to harm which caused the death)

Question 7

What is General Intent?

Answer 7

committing a deliberate action, knowing it is a crime (robbing)

Question 8

What is Specific Intent ?

Answer 8

committing a deliberate action, knowing it is a crime and expecting a specific result (theft, stabbing someone to kill)

Question 9

What is the importance of knowledge when determining Mens Rea?

Answer 9

The knowledge of certain facts, or simply knowing something is illegal can lead to mens rea

Question 10

What is the importance of attempt in relation to Mens Rea?

Answer 10

A person who intends or attempts to commit a crime but fails to complete it can still be found guilty of Mens Rea offence

Question 11

What is Motive?

Answer 11

Reasons or benefits if an act is committed/ the reason for committing a certain crime

Question 12

What is Conspiracy?

Answer 12

• An agreement between two or more people to commit a crime is a conspiracy.

Question 13

What is Aiding and an example?

Answer 13

Aiding - assists or helps someone commit a crime
Example: troy robs a store while RJ keeps a lookout for police - he can be charged with Aiding

Question 14

What is Abetting and an example?

Answer 14

• Abetting - the act of encouraging a person to commit a crime
• Example: tara complains about her boyfriends terry tells her to her him. Terry can be charged with abetting

Question 15

What is an Accessory?

Answer 15

A person knows a crime was committed but helps a the person who committed the crime escape or hide from the police, He or she may be charged as an accessory.

Question 16

What is a Preliminary Hearing?

Answer 16

a court hearing to determine if there is enough evidence to proceed to trial

Question 17

What is a Legal Aid?

Answer 17

It is defense counsel given to the accused if requested

Question 18

What is Plea and what is Plea Bargaining and a fact about crime resolution?

Answer 18

Someone charged with committing a criminal offence enters a plea in provincial court. The charge is read in court, and the person pleads guilty or not guilty

Plea bargaining can take several forms including
Crown agreeing to reduce charge
Making recommendations for a reduced sentence in return for guilty plea

80 percent of crimes are resolved through plea bargaining - pleading guilty for a reduced charge

Question 19

What is Jury Selection? The process? who can deny jurors?

Answer 19

The rules governing the jury selection process are very specific.

During jury selection, both the Crown and defence can reject prospective jurors.

Question 20

What is involved and the purpose of searching and seizing?

Answer 20

Police must obtain a search warrant to search a private residence

search and seizure, practices engaged in by law enforcement officers in order to gain sufficient evidence to ensure the arrest and conviction of an offender

Question 21

When is a Search Warrant needed?

Answer 21

Police must obtain a search warrant to search a private residence. ‘
Search warrants are not needed for video surveillance in public places. However, they are required on private property

Question 22

What is Circumstantial Evidence?

Answer 22

Circumstantial evidence: indicates a high probability of the accused guilt. Usually not enough to a conviction
example : the accused finger prints is found at the crime scene

Question 23

What is Self-incrimination?

Answer 23

the act of implicating oneself in a crime

Question 24

What is Hearsay?

Answer 24

type of evidence
information not coming from the direct, personal experience or knowledge of the witness

Question 25

What is Privileged Communication?

Answer 25

Privileged communications are any communications that cannot be presented in court as evidence

Question 26

What is Opinion Evidence

Answer 26

Opinion evidence is what an expert witness thinks about certain facts in a case

Question 27

What is Polygraph Evidence?

Answer 27

a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity

Question 28

What does Forensics mean?

Answer 28

Means “in relation to the laws or courts”

Question 29

Objections

Answer 29

example asked and answered
defense counsel and The Crown use to try and dismiss evidence or witness statements in court

a formal protest raised during court

Question 30

What is involved in Leading the Witness?

Answer 30

leading the witness to a particular answer. They are usually answered with a yes or no. Leading questions allow you to control what the witness talks about and often helps you get the witness to give a specific answer, can’t ask leading questions to your own witnesses (ONLY USED WHEN CROSS EXAMINING)

Question 31

What is Speculation?

Answer 31

a theory without evidence (so a guess) p.s couldn’t find leading the witness, speculation in the notes

Question 32

What are the four sources of criminal law in Canada? Explain the purpose of each?

Answer 32

Criminal Code - describes which acts are offences and explains there punishments

Controlled Drugs and Substances Act - To control the access of drugs preventing harm drugs can have on society

Youth Criminal justice Act - to protect the public by holding youth responsibly in line with the level of responsibility reasonable for youth

The Charter of Rights and Freedoms - protects basic rights and freedoms of Canadians in line with preserving a democratic and free society (No criminal law can violate the charter)

The Controlled Criminal youth

Question 33

What does Criminal law fall under?

Answer 33

Falls under PUBLIC AND PRIVATE LAW

Question 34

what does the charter state about legal rights