Mid Term 1 Flashcards

Question

Surety

Answer 1

Not the accused, someone else Someone who is willing to sign the recognizance - they have the property in wtv dollar value and can prove to the court - promise to supervise accused and make sure they come back to court and if not, you can come and get my money Recognizance can also have conditions attached to it - failure to comply (criminal offence)

Answer 2

"A symbolically organized public space that is designed to reproduce through repeated visual rituals, a collective obedience to political authority"

Answer 3

Dias - I'm front of the courtroom, makes things higher, where the judge sits, he is a representative of the state and separate from the lawyers. Represents impartiality and power. Bench - on top of Dias, large and impressive, symbolizes impenetrability and permanence. Prisoner's dock - on the side, out of the central visual point of view. Symbols of the isolation of the accused, the unworthiness of the accused and the stigma that the accused carries Counsel Tables - separated by a ritual distance , which makes them opposing parties The bar - wood railing that separates the public from the triangle which also focused attention on the triangle Centre Aisle - leading up to the gate in the bar, symbolic invitation for public to participate, another ritual distance Gallery - where the public gets to sit, their presence is anticipated, expected, and invited. Public presence is important because everyone in the gallery can see the triangle, just rows of pews (members of the public are undifferentiated) Stand (witness stand) - right beside the judge, higher than everyone else, but lower than the judge. Creates a fishbowl and is a vulnerable position to be in. Judge has a lot of power over the witness, can be held in contempt, m Jury box - off to one side, have a really good view of the triangle and the witness. Jury's presence is to decide facts not law. Behind the bar and are required to be present by law.

Answer 4

Trial judge Defence attorney The crown attorney Ritualized dress - higher courts are required to robe, to wear black shoes, black or grey pantyhose Ritualized speech - arraignment - ritual responses - create some feeling of awe or intimidation - opposing counsel = "my friend" or "my learned friend" - disagreeing with a judge = "with respect" or "with greatest respect"

Answer 5

A public ritual Must be public or the ritual doesn't work

Answer 6

Preliminary matters Bail Set date appearances Trial 1. Arraignment - charges are read to the accused 2. Plea - accused is presumed innocent until the state proves they are guilty 3. Crowns opening statement - where crown summarizes the case they intend to prove 4. Crowns examination in chief and defence attorneys cross examination - they call witnesses - the defence attorney cross examines the crowns witnesses - directed verdict? Yes... Acquitted/dismissed, No... 5. Defence counsels opening statement 6. Defence councils exam in chief and Crowns cross examination 7. Crowns closing statement 8. Defence counsel closing statement 9. Crowns rebuttal (if any) Jury trial 10. TJs instructions on law 11. Jury's deliberation in facts 12. Verdict No Jury 12. Verdict (TJ is the decider of facts and law) System is set up to give accused the last word to put them in the strongest position possible for a decision in their favour Jury = trier of facts Trial Judge = law

Answer 7

Conflict between state (protecting) and transgressors (rational decision to transgress the rules) Victim : individual who loses property or physical security because of the actions of another individual (predation) The victim does not have a role in the CJS In anything, they are a witness but not a necessary witness. Given to this... It is the states job to punish individual transgressors If the state fails to punish them, it then becomes rational to take back the right to use force and use violence to protect your property and your physical security

Answer 8

Defoe and Curran are in a mall, they see Armand and Defoe wants to rob him. Defoe pushes him down the stairs to rob him Defoe gauges his eyes out Armand dies

Answer 9

Punishment = 1/2 punishment of the full offence

Answer 10

The judge is looking for the legal reasoning to justify the result they want

Answer 11

1. To a lesser included offence 2. To a smaller number of multiple accounts 3. Agreed upon sentence In a plea bargain, the defence counsel and crown attorney become the decision makers instead of TJ Joint Submission - we agree, this is what both of us think we should do

Answer 12

Skip the trial Crown Attorney --> responsible for getting through the list of items that must be dealt with that day, as quickly as possible, with as many convictions as possible and less emphasis on what the conviction is for Defence Counsel --> going to lose the majority of cases because most amount of accused are guilty, goal as to see success as reducing the consequences of the accused actions to the accused Crown attorney can be successful by getting a guilty plea Defence counsel can be successful by reducing the charges or the length of the sentence

Answer 13

"Actus non facit reum nisi mens sit rea" | - an act is only guilty if the mind is guilty also

Answer 14

Even though his intent was to kill his wife , he ended up killing his two children. Mens rea transferred from wife to mens rea and actus reus to kids.

Answer 15

1. Action 2. State of being / status offences 3. Omissions

Answer 16

Before Case Law - Touching directly or indirectly - No consent After R.v. Chase (perverted old guy) - in circumstances of a sexual nature where the sexual integrity of the victim is violated - does not require the touching of genitals After R.v. KB (grabbing 3yr olds sons testicles) - circumstances if sexual nature including aggressive acts of domination which violate the victims sexual integrity - does not require the accused' sexual gratification After R.v. Bernier (took advantage of disabled ppl with jokingly touching private areas) - does not require the accused' hostility