Brainscape's Knowledge GenomeTM

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


See full index

LAW 420: Criminal Law (Semester 1) > Lesson Plan 1: Intro to Criminal Justice System & Procedure > Flashcards

Lesson Plan 1: Intro to Criminal Justice System & Procedure Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Who has power to pass criminal laws?

A

Parliament under section 91, and section 92 grants power to the provinces

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

What is a crime?

A

An act or omission regarded as a serious offence against an individual of the state and punishable by law

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

What constitutes an offence?

A
  • All criminal offences in Canada must be in the Criminal Code or the Control of Drugs & Substances Act or it’s not an offence
  • One exception under s. 9 of Code regarding contempt of court
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Adversary System

A
  1. Triers of Law
  2. Triers of Fact

Adversaries: Crown/Defence Counsel

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

Triers of Law

A

Always the judge.

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

Triers of Fact

A

Can be a judge or a jury.

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

4 Main Features of the Adversary System

A
  1. Triers of fact and law are mostly passive/neutral
  2. Counsel for each litigant are active players, arguing strongly for their clients’ positions
  3. The accuser (Crown) must establish case beyond a reasonable doubt
  4. Trial by jury is available for serious cases
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Structure of Canadian Criminal Courts

A
  1. Provincial Court of Alberta
  2. Court of Queen’s/King’s Bench in Alberta
  3. Court of Appeal
  4. Federal Courts
  5. Supreme Court of Canada
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Precedent/Stare Decisis

A
  • Decisions of higher courts bind lower courts within the provincial hierarchy of courts
  • Decisions from other provinces are persuasive, but not binding
  • SCC binds all lower courts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Zombie Laws

A

Laws that exist still in the Criminal Code but are really dead/not active

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

Role of the Crown

A
  • Government employed lawyers that prosecute criminal matters
  • Can be provincially/federally hired
  • Typically not involved in evidence gathering, except through questioning witnesses
  • crown/police cooperate in criminal investigation
  • each prosecutor is a Minister of Justice
  • Crowns have wide discretionary powers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Disclosure Rule

A

All information gathered by the court has to be turned over to the Crown, which then has to be turned over to the Accused.

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

Role of the Defence

A
  • Persons charged with an offence have a constitutional right to counsel
  • Defence counsel protect the rights of the accused in the legal process
  • Defence lawyers are not fixers who get guilty people out of trouble
  • Ensure the Crown provides full disclosure of evidence regarding case
  • Ensure evidence was collected legally
  • Put forward all evidence supporting accused’s case at trial
  • Cross-examine Crown witnesses
  • Identify errors and appeal when required
  • Abide by ethical considerations
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

3 Rules that Defence Counsels Operate Within?

A
  1. Ethics
  2. Evidence
  3. The Rule of Law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Legal Aid in Alberta

A
  • Low income accused may apply to legal aid for coverage
  • If granted, a certificate is issued to a member of the Defence bar
  • Members of the Defence bar submit their names to Legal Aid
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Adversarial Ethics

A

Acting proper and professionally in court.

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

Law Society of Alberta - Code of Professional Conduct

A
  • Lawyer shares responsibilities of all persons to society and has special duties as an officer of the court
  • Contains discretion regarding:
    1. Maintaining public confidence in the justice system
    2. Commitment to improving access to justice
    3. Client confidentiality (identity of clients, control of their records, etc.)
    4. Code applies to both Crown and Defence
18
Q

Ethical Position of the Crown/Main Duties of the Crown

A
  1. To represent Her Majesty and to put the case before the court
  2. Dispassionately and objectively put all of the facts before the court
19
Q

Prosecutorial Misconduct

A

Improper motive or bad faith in the approach, circumstances, or ultimate decision to repudiate.

Ex: Abuse of Process

20
Q

Classification of Offences

A
  1. Summary
  2. Hybrid
  3. Indictment
21
Q

Classification of Offences from Least Serious to Most?

A
  1. Summary
  2. Hybrid
  3. Indictment
22
Q

Types of Indictable Offences?

A
  1. 469 Offences
  2. Absolute Jurisdiction Offences
  3. Accused Election
23
Q

469 Offences

A
  • Exclusive jurisdiction of the superior court
  • Must be tried by judge and jury unless Crown and accused consent to waive jury
  • Ex: Murder, Treason
24
Q

Absolute Jurisdiction Offences

A
  • Within the absolute jurisdiction of the provincial court
  • Tried in provincial court only
  • Ex: theft under 5000 dollars
25
Q

Accused Election

A

The accused has choices of who to be tried by (if Crown wants to proceed by indictment).

26
Q

Options for Accused Election?

A

Accused can elect to be tried by:
1. provincial court trial by judge alone

  1. superior court trial by judge alone
  2. superior court trial by judge and jury
27
Q

In a Judge & Jury trial, who is the trier of law/fact?

A

Trier of law = judge

Trier of fact = jury
- decides guilt or innocence beyond a reasonable doubt

28
Q

Commencement of Proceedings

A
  1. Complaint/Investigation
  2. Laying of the Information
  3. Apprehension/Arrest
  4. Bail/Judicial Interim Review
  5. Preliminary Inquiry
  6. Trial
  7. Voir Dires
  8. Verdict
  9. Sentencing
  10. Appeals
29
Q

Complaint/Investiagtion

A
  • Occurs when a person makes a complaint to police, either as:
    1. a complainant (victim of a crime) or
    2. a witness
  • Police may initiate an investigation themselves
30
Q

Laying of the Information

A
  • Sworn document by an informant/police officer in front of a justice
  • Must swear that they have reasonable grounds to believe that a particular person committed an offence
31
Q

What does the Information include?

A
  1. name of informant
  2. name of accused
  3. alleged offence
  4. date
  5. jurisdiction
  6. DOB of accused
32
Q

Arrest & s.10 Rights

A

Upon arrest, an accused person’s 10(a) and 10(b) Charter rights are engaged

33
Q

Grounds for keeping an accused in custody?

A
  1. if the accused will flee before court
  2. accused could intimidate witnesses
  3. evidence is overwhelming & charge is serious
  4. track record of not showing up to court/violent history
34
Q

Bail/Judicial Interim Review

A
  • Section 11(e) of the Charter: “Any person charged with an offence has the right not to be denied reasonable bail without just cause”
  • The law says that the accused is presumed to be released, and so if the prosecution wants to keep this person in custody, they must show good case
35
Q

Alternatives for some accused persons?

A
  1. AMP (Alternative Measures Program)
  2. Mental Health Court
  3. Indigenous Courts
  4. Drug Treatment Court
36
Q

Preliminary Inquiry

A
  • If the offence is 14 years or more, the accused can elect to not to go straight to trial but to have a preliminary inquiry
  • Initial test of whether there is sufficient evidence to commit an accused to stand trial for an offence
37
Q

Trial

A
38
Q

Voir Dires

A
  • Used when a judge needs to make a ruling on admissibility of certain evidence, such as a confession

Ex: an involuntary statement/confession

39
Q

Verdict

A

For jury cases, must be unanimous.

40
Q

Sentencing

A
  • If a verdict of guilty is delivered, there is a sentencing hearing
  • In some cases, a Gladue Report may be ordered for Aboriginal offenders
41
Q

Appeals

A

Appeals are not trial de novo - they are based on the record formed at trial (ie: transcripts, exhibits)

LAW 420: Criminal Law (Semester 1) (9 decks)

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