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Criminal justice systems > lesson 7 > Flashcards

lesson 7 Flashcards

1
Q

information

A
  • is a written complaint, sworn before a justice of the peace that alleges what criminal offences were committed.
  • sworn by a police officer and it can be sworn either before or after the suspect is aware that police are pursuing charges.
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2
Q

appearance notice

A

will tell you the details of the allegations against you as well provide you with your pending court date

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3
Q

3 ways of ensuring an accused to appear in court

A
  1. appearance notice
  2. for police to lay an information
  3. to arrest them
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4
Q

Asummons

A

a legal document issued by a justice of the peace that orders you to appear in court on a specific date; the summons is typically issued to you by a police officer.

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5
Q

Bail in Canada is referred to as a…

A

judicial interim releaseand describes the release of an individual charged with a crime by a judge or justice of the peace pending a court appearanc

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6
Q

Section 11(e) of theCharterstates

A

that a person charged with a criminal offence should not be denied reasonable bail without justice cause.

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7
Q

the bail process (3 points)

A
  1. judge or justice of the peace decide if an accused individual should be released or detained until the case in complete.
  2. crown attorney demonstrates why bail should be denied via show cause hearing
  3. in some cases the accused individual must demonstrate why release is justified (e.g., an indictable offence while already on bail)
  4. the judge must release the accused individual unless (a) it is necessary to ensure that the suspect appears in court, (b) the suspect poses a risk to the public, or (c) the release of the suspect would damage public confidence in the justice system
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8
Q

three major findings of the John Howard Society on the changing nature of bail.

A
  1. Fewer people are being released on bail
  2. People are being released less quickly on bail
  3. People are being released with more conditions
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9
Q

plea bargain

A

refers to “an agreement whereby an accused pleads guilty in exchange for the promise of a benefit”

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10
Q

The benefits for an accused individual in a plea bargain will typically involve a reduction in the sentence which the Crown Attorney can do by:

A
  1. withdrawing some criminal charges
  2. reducing a charge to a lesser but included offence
  3. proceeding by summary conviction rather than by indictment
  4. asking a judge to have multiple sentences run concurrently rather than consecutively
  5. agreeing to a joint submission for a sentence with the defence attorney
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11
Q 
Section 11(f) of theCanadian Charter of Rights and Freedomsprovides criminal defendants the 
-\_\_\_\_\_\_\_\_\_\_\_\_\_
A

benefit of a trial by jury but only for those offences where the maximum punishment is five years or more.

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12
Q

arrayor panel

A

a pool of community members from which to draw.

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13
Q

Eligibility requirements for sitting on a jury are determined by ________

A

the provinces.

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14
Q

Before selecting individual jurors for a criminal trial courts must first establish ___________________

A

a pool of community members from which to draw.

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15
Q

Selecting community members for the array also varies procedurally across the provinces but ________

A

generally involves the court house generating a random list of eligible jurors.

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16
Q

typically, an array will have ___ to ___ potential jurors.

A

100 to 300

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17
Q

peremptory challenge

A

challenge where the lawyer doesn’t have to provide a reason for dismissing a prospective juror.

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18
Q

Challenge for cause

A

refers to a procedure where the lawyer attempts to show with cause why a prospective juror should not serve on a jury

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19
Q

if the accused is charged with first degree murder or treason, lawyers have ___ peremptory challenges

A

20

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20
Q

if the maximum penalty for the offence Is five years or more, there are ___ peremptory challenges available

A

12

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21
Q

for all other offences how many peremptory challenges are there available

A

4

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22
Q

lawyer must apply for a challenge for cause and section____ of the criminal code requires that the accused is not bias

A

638

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23
Q

continuance

A

an adjournment or delay in the trial proceedings for a period of time. Judges may delay a trial to allow for the impact of any pre-trial publicity to subside.

24
Q

Voir Dire or “trial within a trial”

A

is conducted by the judge in the absence of the jury to answer specific legal questions, such as the admissibility of evidence.

25
Q

Judicial Instruction

A

a judge can instruct the jury to ignore some evidence, such as information from pre-trial publicity.

26
Q

charge to the jury

A

a set of instructions at the end of a trial concerning the decisions to be made in the case.

27
Q

boomerang effect of judicial instruction

A

it serves to increase the prejudicial effects

28
Q

reactance theory

A

people often respond to attempts to limit personal freedoms by making strong efforts to engage those same freedoms.

29
Q

change of venue

A

refers to an application to move the location of a trial. Attorneys can apply to have trials moved to locations where prospective jurors may be less familiar with case facts.

30
Q

opening statement

A

an initial statement by the Crown Attorney to the judge or judge and jury that summarizes the criminal charges, outlines the facts of the case, and summarizes how the evidence will be presented to support their case.

31
Q

criminal trial procudure

A

The Crown Attorney presents their evidence first with the defence attorney then given the opportunity to cross-examine.
□ After the presentation of the Crown’s evidence, the defence attorney may provide evidence intended to raise a reasonable doubt.
□ The Crown attorney may cross-examine any evidence presented by the defence attorney.
□ In those cases where the defence attorney feels that the Crown has not proven their case beyond a reasonable doubt, they may opt to not present any evidence.

32
Q

Direct evidence

A

refers to any evidence that directly addresses or proves a fact.

33
Q

circumstantial evidence

A

refers to any evidence that requires interpretation or the judge or jury to draw a conclusion about its validity or meaning.

34
Q

Testimony

A

refers to “oral evidence offered by a sworn witness on the witness stand

35
Q

At the end of the trial, both the __and___ may presentclosing argumentsto the judge or judge and jury, which provides summary of the major supporting evidence

A
  1. Crown

2. Defence

36
Q

Probative value

A

refers to whether the evidence is useful and relevant to the case and the judge makes the determination.

37
Q

thechargerefers to the judge’s

A

instructions concerning what evidence they can and cannot consider, a summary of the positions of the Crown and defence, the role of the jury, and the meaning of beyond a reasonable doubt, among other legal issues that may have arisen during the trial

38
Q

flow of criminal cases through the Canadian court system: 1st

A

appearance compelled by summons, arrest, or appearance notice

39
Q

flow of criminal cases through the Canadian court system; 2nd

A

Initial sorting and judicial interim release (bail) are dealt with; election as to mode of trial may occur here or at a later hearing.

40
Q

flow of criminal cases through the Canadian court system: 3 rd

A

Bypassed redirect indictment by the Crown, for offences within the absolute jurisdiction of the provincial or territorial court (s.483), and where accused elects a summary trial.

41
Q

flow of criminal cases through the Canadian court system: 4th

A

Charges may be withdrawn, may be stayed, or may result in an acquittal in any mode of trial.

42
Q

flow of criminal cases through the Canadian court system: 5 th

A

This is the only mode of trial for more serious offences (s.427).

43
Q

flow of criminal cases through the Canadian court system: 6th

A

This is the only mode of trial for less serious offences (s.483).

44
Q

flow of criminal cases through the Canadian court system: 7th

A

Not all dispositions are available regarding all offences.

45
Q

The Criminal Code (R.S.C. 1985, c. C-46) defines three categories of indictable offences:

A

(1) offences under the absolute jurisdiction of provincial courts
(2) offences under the absolute jurisdiction of superior courts
(3) electable offences

46
Q

Summary conviction offence

A

Generally, a less serious criminal offence that is triable before a magistrate or judge and, on conviction, carries a maximum penalty of a fine (not to exceed $5,000) or six months in a provincial correctional facility, or both.

47
Q

Indictable offence

A

Generally, a more serious criminal offence that may carry maximum prison sentences of 14 years to life; examples include murder, robbery, and aggravated sexual assault.

48
Q

Hybrid (or elective) offences

A

Offences that can be proceeded summarily or by indictment—a decision that is always made by the Crown.

49
Q

_______of the Criminal Code lists the less serious indictable and hybrid (elective) offences wherein the accused person has no choice but to be tried in a provincial or territorial court, even if the Crown proceeds by indictment

A

Section 553

50
Q

____ of the Criminal Code is a list of serious offences that are also non-electable offences.

-murder, treason, piracy

A

Section 469

51
Q

Preliminary hearing

A

A hearing to determine if there is sufficient evidence to warrant a criminal trial.

52
Q

These are the electable offences, and the accused person has three modes of trial from which to choose:

A

(1) trial by a provincial or territorial court judge
(2) trial by a superior court judge sitting alone
(3) trial by a superior court judge and a jury.

53
Q

Remand

A

The status of accused persons in custody awaiting trial or sentencing.

54
Q

Security certificates

A

A process whereby non-Canadian citizens who are deemed to be a threat to the security of the country can be held without charge for an indefinite period of time.

55
Q

Plea bargaining

A

An agreement whereby an accused pleads guilty in exchange for the promise of a benefit

Criminal justice systems (10 decks)

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