Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Justice Systems > Laws and the Courts > Flashcards

Laws and the Courts Flashcards

1
Q

Why are formal laws dynamic?

A

They are always evolving due to changes in society, politics and technology.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Where do laws come from?

A

The respond to crime and antisocial behaviour.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is “Rule of Law”?

A

No one is above the law and everyone is seen as equal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What 4 groups had laws that we are aware of?

A

R-Romans
A-Assyrians
G-Greeks
E-Egyptians

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is King Henry ll credited with?

A

Establishing tribunals and precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is Magna Carta? Who created it?

A

Everyone is subject to the law and have the right to justice and fair trial.

Created by Archbishop of Canterbury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is another name for common law?

A

Judge-made law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is precedent?

A

Courts are bound by prior decisions and the decisions of higher courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is common law?

A

law developed through judicial decisions and precedents, used to interpret statutes (including criminal law) & guide courts & lawyers in sentencing criminal matters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is another word for Precedent?

A

Stare Decisis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the 3 key elements of the Canadian justice system?

A

-Presumption of innocence
-Burden of proof
-If guilt cannot be proven then the accused must be acquitted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is substantive law?

A

consists of the written rules that define crimes & punishments, the rights & obligations of citizens & criminal justice personnel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Procedural law?

A

focuses on the rules that determine the enforcement of rights (due process)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What percentage of inmates in Alberta are on remand?

A

80%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the Charter of Rights and Freedoms?

A

Defines the rights & freedoms of Canadians, including those accused of committing crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the role of the Supreme Court?

A

Resolving interpretation issues & disputes resulting from the Charter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the 3 elements of a crime?

A

-An offence in the Criminal Code
-Actus Reus
-Mens Rea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is Actus Reus?

A

The criminal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is Mens Rea?

A

The criminal intention or guilty mind

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is “crime of omission”?

A

An act where the accused has failed to take action (eg, reporting child abuse)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is a criminal act?

A

Considered wrong by society and either causes harm to an individual or society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is intent?

A

Intention to commit harm, not care about outcomes, or could foresee harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is negligence?

A

An act that shows disregard for the well-being of others, failure to take responsible steps to limit harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is reckless behavior?

A

Acting in a manner that is dangerous or risky

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is willful blindness?

A

Person is aware that a crime was likely being committed but he or she chose to ignore the facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is an alibi?

A

Where witnesses or other forms of evidence show that the defendant could not have committed the offence (must be adequate & timely)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What are justification defenses?

A

Accused admits to committing an offence but the act was justified (consent, duress, entrapment necessity, provocation, self-defense)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What are excuse defenses?

A

One’s criminal conduct can be excused because the accused could not form the intent to commit a crime (age, automatism (NCR), mental disorder, mistake)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are the 4 layers of offences? (Wedding Cake Model)

A

Layer 1: Celebrated cases (eg, Ted Bundy)
Layer 2: Serious Indictable offences (eg, rape, assault)
Layer 3: Less serious Indictable offences (eg financial or drug related crimes)
Layer 4: Summary Offences (eg, misdemeanors)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are the 4 levels of courts? (in order from lowest to highest)

A

-Provincial and Territorial Courts (Inferior Courts)
-Provincial and Territorial Superior Courts
-Provincial and Territorial Courts of Appeal (Appellate Courts)
Supreme Court of Canada

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is heard in Provincial and Territorial Courts (Inferior Courts)?

A

Most cases are resolved here: criminal cases, family law, youth justice, traffic & bylaw, regulatory, claims involving money, small claims, preliminary hearings

32
Q

What is heard in Provincial and Territorial Superior Courts?

A

Hear serious criminal matters & family law cases including divorces

33
Q

WHat is heard in the Courts of Appeal (Appellate Courts)?

A

Hear criminal cases from the provincial & territorial courts or the superior courts.Hear commercial, property, family disputes; negligence claims; bankruptcies; corporate reorganizations

34
Q

What can the Appeal Courts do?

A

Dismiss the appeal, order a new trial if there were serious errors, increase or lower sentences imposed by lower courts

35
Q

What is heard in the Supreme Court of Canada?

A

Only hear cases that they consider important & having a national interest

36
Q

What are the specialized courts in Canada?

A

Mental Health courts
Drug treatment courts
Domestic abuse courts
Indigenous/Gladue courts

37
Q

What are the 12 steps in criminal investigations and trials?

A

-Investigation
-Laying a charge
-Deciding whether to prosecute
-Requiring the accused to attend court, entering a plea, and bail
-Types of offences
-Choice of trial court and election by the accused
-Preliminary inquiry or hearing
-Plea negotiation
-Trial
-The verdict
-Sentencing
-Appealing the verdict or sentence

38
Q

What is “Assembly-Line Justice”?

A

When the courtroom personnel efficiently work together to move minor offences through the CJS

39
Q

What is the most common sentence?

A

Probation

40
Q

What is a risk of assembly-line justice?

A

A high number of individuals appear without representation (the risk of errors occurring during the legal process increases)

41
Q

What is the role of a Judge?

A

Judges make decisions on guilt & sentencing

42
Q

What is the role of Crown Prosecutors?

A

Expected to act independently & make decisions on charging individuals based on what is in public interest without political interference (discretion)

43
Q

What is the role of the Defense Counsel?

A

These trained lawyers have many responsibilities (eg: ensure full disclosure, all evidence presented, cross-examine witnesses, explore rehab options, etc.)

44
Q

Who are teh 3 Support Personnel in the court?

A

-Court Clerks - put together the docket/cases scheduled & ensure that the cases flow through the courts
-Indigenous Court Workers provide services to any Indigenous persons accused of an offence & to family members who request their help
-Sheriffs - escort & transport detainees & prisoners serving sentences, as well as provide courtroom security

45
Q

What are the fundamental principles of sentencing?

A

-Proportionate: the gravity of the offence and the degree of responsibility of the offender
-Individualized: take into account the particular circumstances, background, and experiences of the offender; and
-Restrained: imposes the least restrictive sanction appropriate in the circumstances, with imprisonment used only when no other sanction is appropriate.

46
Q

What is the purpose of sentencing?

A

To protect society and to contribute, along with crime prevention initiatives, to respect for the law and maintain a just, peaceful and safe society

47
Q

What are the 3 most common adult sentences?

A

Probation, Custody, and fines

48
Q

What is absolute discharge?

A

Least severe sanction that can be imposed that results in a technical finding of guilt, but no conviction is registered, & no conditions given to follow

49
Q

What is conditional discharge?

A

Found guilty of a criminal offence, put on probation (6-18 months), & after the offender fulfills those conditions, the discharge becomes absolute

50
Q

What is probation?

A

Release of the offender into the community under the supervision of a Probation Officer & must follow conditions (most common sentence in Canada)

51
Q

What are standard conditions of probation?

A

Keeping the peace & being on good behavior, reporting to the court when required, & advising court/P.O. of changes in address or job

52
Q

What are additional conditions of probation?

A

specific to the individual’s offence (eg: addictions treatment, curfews, residency, abstain from alcohol/drugs, limit peer contact or travel, etc.)

53
Q

What is a conditional sentence? When would this be used?

A

-Allow offenders to serve their custody sentences in the community if they follow strict conditions
-These sentences are used only if judges are satisfied that the individual is not a danger to the community, has no history of failing to obeying court orders, & sentence <2 years

54
Q

What is imprisonment? When would it be used?

A

when offenders are put in prison. It is used for more serious offences.

55
Q

How long must you be sentenced for to be in a provincial or territorial prison?

A

2 years minus a day

56
Q

How long must you be sentenced to be in a federal prison?

A

2 years plus a day

57
Q

What is an intermittent sentence?

A

It allows offenders to serve in blocks of time for sentences less than 90 days. Would typically be the wweekends.

58
Q

What crime(s) gets sentenced to life in prison?

A

First and second degree murder

59
Q

What is a victim surcharge?

A

It must be ordered at sentencing and is paid into provincial and territorial assistance funds to develop and provide programs, services, and assistance for victims of crimes

60
Q

What is restitution?

A

Money the Court may order an offender to pay the victim for money that the victim lost as a result of the offender’s crime

61
Q

What is proportionality?

A

Sentences must reflect the seriousness of the crime & the offender’s responsibility in committing the crime

62
Q

What are aggravating factors?

A

Facts related to the offence that might lead to a more severe sentence, including if the offence involved a particularly vulnerable victim such as a child or it the crime was related to bias, prejudice, or hate

63
Q

What are mitigating factors?

A

Facts related to the offender that might encourage a judge to impose a less severe sentence, such as if the individual is a youth, young adult, or first-time offender

64
Q

What is totality?

A

Sentencing in Canada is intended to be just & fair

65
Q

What is penal populism?

A

Refers to political “tough on crime” policies that are used to win votes rather than serve justice

66
Q

How many people’s taxes covers the cost of an inmate in provincial vs federal prisons?

A

7 for provincial and 10 for federal

67
Q

What do mandatory minimum penalties do?

A

Remove the discretion from the judge, as anybody found guilty of the offence receives the minimum sentence regardless of any mitigating factors

68
Q

What are indeterminate sentences?

A

No statutory release date, no warrant expiry date, & can result in incarceration for life

69
Q

What is a dangerous offender (DO)?

A

Designation given to offender convicted of crime not eligible for life sentence that results in an indeterminate sentence

70
Q

What is a long term offender?

A

Designation given to offenders that pose a significant risk to reoffend (eg: sexual offenders, kidnappers, assault with weapon)

71
Q

When do federal offenders usually become eligible for full parole?

A

After serving one-third of their sentence, or seven years, whichever is less

72
Q

What is statutory release?

A

A legal provision that automatically entitles most offenders, who have not been granted parole, to serve the final one-third of their sentence in the community

73
Q

Who is not entitled for statutory release?

A

Offenders serving life & indeterminate sentences are not entitled to statutory release

74
Q

What is a pre-sentence report (PSR)?

A

Ordered by Judges prior to sentencing to provide an overview of an offender’s strengths & weaknesses, & whether prior justice system interventions were successful

75
Q

What is a gladue report?

A

Judges must consider how Gladue factors (unique Indigenous backgrounds, challenges, & perspectives) have affected that person when they determine a sentence

Criminal Justice Systems (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions