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Socc 232 > midterm 2 > Flashcards

midterm 2 Flashcards

1
Q

why are courts more of a mystery

A

deliberation of judges and the activities of crown counsel are much less visible

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2
Q

what do people attribute heavier workloads in the courts to

A

the charter of rights and freedoms

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3
Q

what are the courts responsible for

A

determining the guilt and innocence of the accused, imposing an appropriate sentence on those who are convicted, ensuring rights of accused are protected,

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4
Q

what reflects the ongoing efforts to balance the rights of the accused with the need to protect society

A

decisions of the courts

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5
Q

what is essential to the proper functioning of the courts

A

judicial independence

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6
Q

what is the notion of judicial independence

A

it holds that citizens have the right to have their cases tried by tribunals that are fair, impartial, and immune from political interference

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7
Q

what are the 4 levels of courts

A

provincial/territorial, provincial/territorial superior, provincial appellate, SCC

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8
Q

what is the highest court for all jurisdictions

A

the SCC

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9
Q

2014/15 what was the most prominent type of offences dealt with in the adult criminal case, what %

A

77% non-violent

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10
Q

how many of all cases completed in adult criminal court resulted in finding of guilt

A

63%

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11
Q

what was the aquittal rate of those cases that went to trial

A

4%

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12
Q

which court was established by the parliament

A

SCC

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13
Q

what decides who can be judges of the SCC

A

they are federally appointed by the prime minister

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14
Q

the SCC operates under what act

A

Supreme Court Act

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15
Q

what is the role of the SCC

A

final court of appeal for criminal and civil law

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16
Q

role of provincial and territorial courts OF APPEAL

A

hears appeals from decisions in superior courts and provincial and territorial courts. They’re the first court of appeal for them AND they try the most serious cases

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17
Q

provincial and territorial courts OF APPEAL are administered by who

A

by the provinces and territories

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18
Q

what are “mixed squads”

A

when a police and social worker work together or health worker, evidence shows they have further harmed unhoused people by adding a layer of surveillance and harrasment that leads unhoused people to leave the places they know. their goal is to intervene in lives of unhoused people in the interests of businesses, wealthier residents or other city residents who wish to see them displaced

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19
Q

.

A

.

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20
Q

provincial and territorial courts are administered by who

A

the provinces and territories

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21
Q

role of provincial and territorial courts (3)

A
  1. hear cases involving federal or provincial and territorial laws (except nunavut)
  2. most criminal offences, traffic violations, provincial and territorial regulatory offences
  3. preliminary hearings in serious cases to determine if there is enough evidence to proceed to trial
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22
Q

role of federal court of appeal

A

hears appeal from federal courts, has some limited criminal jurisdiction

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23
Q

role of federal court

A

hears matters subject to federal statutes, some limited criminal jurisdiction

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24
Q

which is the lowest level of courts

A

provincial/territorial

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25
Q

t/f- provincial and territorial court judges sit without juries

A

true

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26
Q

which court hears cases under the Youth CJAct, family, and small claims courts

A

provincial/territorial

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27
Q

def. of problem solving courts

A

specialized courts that are designed to divert offenders with special needs (community courts, drug courts, mental health courts) from the CJS. unlike traditional courts these involve offenders as active participants in addressing their behaviour and needs

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28
Q

what are the 3 defining attributes of specialized courts

A
  1. focus on addressing the underlying problems of offenders, victims, and communities
  2. interagency and interdisciplinary collaboration
  3. accountability to community
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29
Q

what do problem solving courts have the potential to improve

A

quality of life in communities, increase resident familiarity with the court process, increase community satisfaction with the response to persons in conflict

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30
Q

what is the intent of problem solving courts

A

shift from an adversarial or legalistic approach to one centred on treatment and rehabilitation

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31
Q

what is the concept of therapeutic justice

A

an approach in problem solving courts that uses the law and the court’s authority as change agents to promote the health and well-being of offenders, while ensuring that their legal rights are protected and that justice is done

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32
Q

what are some issues with specialized courts

A

high rates of non-compliance, the conditions imposed by the courts, and non-completion of programs

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33
Q

what are circuit courts

A

a judge, court clerk, defence lawyer, crown lawyer, and maybe translator travel to communities to hold court in remote places

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34
Q

issues with circuit courts

A

backlogs, time constraints, language, cultural differences

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35
Q

what are the two levels of superior courts and what do they do

A

trial (hears cases involving serious criminal offences) and appeal (hears criminal and civil appeals) (they may be in the same court or divided into two)

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36
Q

what happens when an accused appeals a verdict or sentence (or both)

A

they appeal to a higher court- appeals from trial divisions go directly to the provincial or territorial court of appeal. if at least one appellate judge dissents (doesn’t agree with the majority), they can appeal again at a federal level (the SCC)

37
Q

what are the primary activities of appeal courts

A

reviewing decisions of the lower courts, focusing on how the law was applied to the facts of the case

38
Q

what are two other federal (other than SCC) courts and what do they do

A
  1. federal court- has trial court and court of appeal, hears all cases that concern matters of federal law (copyright law, maritime law, canadian human rights act, immigration and refugee protection act) AND appeals from the parole board of canada.
  2. tax court
39
Q

what is the process of ‘reference’

A

when a federal gov. asks the Supreme Court for a legal opinion on an important legal question

40
Q

who is the ‘courtroom workgroup’

A

the criminal justice professionals, including the judge, crown counsel, and defence lawyer, who are present in the criminal court courtoom

41
Q

roles of judge (6)

A

interpreting the law, assessing whether evidence can be admitted, ruling on motions made by the lawyers, determing the truthfulness of evidence, and in most cases making a decision of guilt or innocence, gatekeeping evidence presented at trial

42
Q

role of justices of the peace

A

not lawyers (vs. judges who have to be), variety of roles depending on their jurisdiction, may be deciding on search warrants and conducting bail hearings, preside over hearings involving prov./ter. regulations, and more

43
Q

responsibilities and roles of defence lawyers

A

ensure that the rights of the accused person are protected throughout the cj process. negotiating pleas outside of trial, presenting evidence and questions witnesses and experts etc., cross-examining witnesses and challenging the evidence presented by the crown

44
Q

difficulties for female lawyers

A

unpredictable work hours and income and difficulties of having and raising children, treated differently in courtroom,

45
Q

duty counsel

A

first point of contact for a person who’s been detained or arrested, their advice can be over the phone or in person, may also represent the accused in court. often provided by province legal aid plan for people who can’t afford or access a lawyer

46
Q

crown counsel responsibilities and roles

A

attempting to prove beyond a reasonable doubt the accused is guilty of the offence they’ve been charged with, laying charges against the accused and involved in their prosecution, provide advice to police officers at the pre-charge stage, prepare for trial, prepare for post-trial appeals, plea bargaining, developing strategies, managing witnesses, arguing conditions of bail, recommending sentences to court, appealing sentences deemed too lenient

47
Q

what are two key issues for many accused persons defendants

A

access to legal representation and access to legal aid

48
Q

t/f- Provincial, territorial, and federal court judges are guided by ethical principles that are set out in various provincial and territorial documents and, for federally appointed judges, by the Canadian Judicial Council

A

true

49
Q

what is the notion of judicial independence

A

the notion that judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law

50
Q

who appoints the 9 judges of the SCC

A

the governor in council

51
Q

about what percent of applications for cases does the SCC grant

A

about 10%

52
Q

what are some factors that contribute to case backlogs (case delay) (6)

A

lack of judicial resources, ineffective use of resources, too few judges, complexity of criminal cases, inadequate case flow management, and efforts of defence counsel to lengthen the period of time that the accused are confined prior to trial on remand

53
Q

what did the ruling in the SCC case R. v. Jordan (2016 SCC 27) redefine

A

the constitutional right to trial within a reasonable time, now if a case has determined to be in violation judges could consider ordering a stay of proceedings or dismissal of the charges. the case set presumptive timelines for the disposition of cases in the courts from the time the person is charged to the actual or anticipated end of trial.

54
Q

what are the presumptive timelines for cases tried in provincial court and superior court

A

18 months for provincial, 30 months for cases in the superior court

55
Q

arguments FOR police checks

A
  • If properly done there can be more community engagement, provide resources to people who need help/ point them to existing resources- help build trust with police
    • Justice: ‘maintain something and peace within a community’- one of the 4 values of policing
    • Crime prevention, public safety,
    • Important to find balance between necessity of doing their job and protecting people’s interests/safety
    • Should only be allowed when necessary
    • Can be useful: protection and maintaining peace
      Police should read rights before carding
56
Q

arguments AGAINST police checks

A
  • Stigmatization and over criminalization- often the same neighbourhoods and targets specific group of inds.,
    ○ Cycle of disadvantage
    • labelling theory, when known for being arrested- harder to find jobs and housing/ criminal records, police checks can be permanent
    • Interventions leading to police violence- more often than not lead to criminalizatoin
    • Raise privacy concerns for the public- breach of privacy
    • Possible alternative: social worker conducting police checks instead of officer
    • Discriminatory patterns
    • If doing a police check and finding they have a record there’s more discrimination
    • Uses resources that could be directed in other places
    • Peoples reactions could cause problems with police even when they are warranted
    • Can’t really give an effective method bc the whole system is rooted in discrimination and colonialism
    • Other ways to protect black communities,
    • Often youths first contact with police is in these street checks- bad way of first interaction
    • Discretion and bias
      Presented as a necessity and public protection but in practice it’s not regulated- too much ambiguity
57
Q

what does a sherman report look at

A

crime prevention strategies and what works vs. what doesn’t, want evidence-based

58
Q

arguments FOR the use of typifications

A
  • Efficiency and resource allocation (monetary and manpower)
    ○ Would overwhelm the justice system if they processed EVERYONE, it’s just not possible it would ‘grind to a halt’
    ○ Part of crime funnel
    • Police ‘are’ trained on how to use discretion and typifications
    • Can help them differentiate people in mental distress who need mental health support and people who actually need criminal justice intervention
    • Past experience can help predict the future
      ○ Crime prevention
      ○ When hiring employers take into consideration the applicant’s knowledge and experience that can be used
      We all have bias- we all draw upon what’s readily available in our mind (experiences and knowledge) about how to act
59
Q

arguments AGAINST the use of typifications

A
  • Officers are over-reliant on them, there’s a lack of critical thinking
    • Leads to discrimination bias
    • Fails to look at the actual issue/cause of the problem and actual evidence but rather is based on stereotypes
    • Goes against our charter rights
    • Generalizations- making assumptions of certain facts
    • Community distrust in police and system
    • Relying on past events to solve current issues- police could target people with criminal backgrounds (even though they could have turned their life around)
    • Need equal and even application of the law- Gives unfair advantage to some people
    • If discretion is used too much at what point is the law the law? and who does it really apply to?
    • Abolishing it helps break apart the bias of the whole system (just a bit at least)
60
Q

def. of policing

A

activities of any ind. or organization acting on behalf of public of private organizations to maintain security or social order

61
Q

new laws and amendments to existing legislation can have a sharp impact on what (3)

A
  1. police powers;
  2. the demands placed on police services;
  3. how police services set and attempt to achieve their operational priorities
62
Q

def. of core policing

A

playing a multifaceted role in the community, which includes collaborative partnerships with the community, requires officers to have a multifaceted skill set and to respond to a variety of things

63
Q

a study conducted in 2016 found that what was the world’s most diverse city, what percent of that cities population is foreign born, and how many nationalities are among its residence

A

Toronto, 51% foreign born, 230 nationalities

64
Q

What act states that it is the policy of the government of Canada to “ensure that all individuals receive equal treatment and equal protection under the law, while respecting and valuing their diversity”

A

Section 3(e) if the Canadian Multicultural Act

65
Q

which act prohibits discrimination on the grounds of “race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, genetic characteristics, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”

A

the Canadian Human Rights Act

66
Q

why was the first full-time police force created

A

to address the rising fear of crime and disorder ASSOCIATED WITH THE INDUSTRIAL REVOLUTION

67
Q

9 principles of Sir Robert Peel

A
  1. The basic mission of the police is to prevent crime and disorder.
  2. The ability of the police to perform their duties depends upon public approval of their actions.
  3. Police must secure the cooperation of the public involuntary observance of the law in order to secure and maintain the respect of the public.
  4. The degree of public cooperation with police diminishes proportionately to the necessity of the use of physical force.
  5. Police maintain public favour by constantly demonstrating absolute impartial service, not by catering to public opinion.
  6. Police should use physical force only to the extent necessary to ensure compliance with the law or to restore order only after persuasion, advice and warnings are insufficient.
  7. Police should maintain a relationship with the public that is based on the fact that the police are the public and the public are the police.
  8. Police should direct their actions toward their functions and not appear to usurp the powers of the judiciary.
  9. The test of police efficiency is the absence of crime and disorder.
68
Q

t/f- Policing is the largest component of the criminal justice system and receives the biggest slice of the funding pie (approximately what percent)?.

A

true, 60% of the pie

69
Q

what are the 2 reasons the numbers of police officers have declined in recent years

A
  1. Officers retiring,
  2. cutbacks on funding
70
Q

def. of contract policing

A

arrangement that the RCMP and provincial police forces provide provincial and municipal policing services

71
Q

RCMP activities

A

federal policing, contract policing at prov. and municipal levels, international peacekeeping

72
Q

what is the problem with the broad range of activities of the RCMP

A

its resources and capacities are usually over-extended, concerns about if they’re getting enough resources do effectively deliver policing services

73
Q

pros and cons of regional police services

A

pros: more effective at providing a broad range of policing services to communities, less expensive that having multiple independent municipal departments

Cons: arrangement is too centralized, does not offer the opportunity for effective community policing

74
Q

The major urban police services have similar divisions, or sections. what are they (6)

A
  1. human resources
  2. administration
  3. operational patrol
  4. investigative
  5. support services
  6. research and planning
75
Q

The rapid growth of the private security industry has led to what concerns

A

militarization of parapolice as it is expanded to include order maintenance and enforcement (vs. just protection of property and loss prevention)

76
Q

what attributes of the police academy don’t fit well with the principles of community policing

A

hierarchal paramilitary structure that encourages an ‘us vs. them’ mentality, deference to authority, and the development of strong bonds and in-group loyalty among recruits

77
Q

what is political policing

A

secretive police investigative activities and surveillance of persons and groups deemed to be a threat to the stability and status quo of the state

78
Q

why is the separation of powers between the police and other levels of the CJS important

A

because it helps to ensure that the police are not used in a political way to harass and punish political opponents and dissidents

79
Q

how are tensions between the police and other components of the criminal justice system, notably the courts, reflected

A

police often argue that the courts focus too much on the rights of the offender and less on the rights of law-abiding citizens and victims, and police often get frustrated when offenders are released on a technicality or their sentence is deemed too lenient

80
Q

explain the issue in any discussion of police work and how the police are to be governed

A

on one hand police need a degree of operational authority to effectively carry out their mandated tasks, but on the other hand, the principles of due process in a democratic society require that there be mechanisms in place to govern the police and make sure they don’t exceed their mandate and compromise the rights of citizens

81
Q

major concern of the militarization of policing

A

rather than making communities safe and secure, it drives a wedge between the police and the community and undermines the principles of Sir Robert Peel

82
Q

Police Acts

A

legislative framework for police services

83
Q

def. of policing standards

A

NEED ANSWER

84
Q

who oversees the police

A

police boards and commissions

85
Q

the increasing use of high-tech surveillance devices by police is giving rise to what allegations

A

abuse of authority and violating the rights of individuals

86
Q

what is the principle of accountability

A

that the actions of police officers and forces must be subject to review and there must be formal channels for an ind. wanting to file a complaint

87
Q

what are recipes for action

A

the acts performed by police (usually a patrol officer) during various kinds of encounter situations

88
Q

what is pre-text policing

A

police stops or searches for a minor reason (traffic violation) that are used for more intrusive intervention (vehicle search)

89
Q
A

Socc 232 (2 decks)

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