Midterm-Week 2 Chapter 1 (intro) Flashcards
Tunnel Vision
Convinced that they have arrested the right person, police officers may consciously or unconsciously construct a case against the accused, despite evidence which would point to another perpetrator, or to the innocence of the accused. –> this has been identified as one of the causes of wrongful conviction
Factual guilt and legal guilt
the CJS is concerned with legal guilt not factual guilt. If evidence is admissible under the strict rules set out by the CJS then that is used to determine whether a person is guilty (legally speaking).
Due Process
a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly. Due process applies to both civil and criminal matters.
Crime Control
Crime control refers to methods taken to reduce crime in a society
Codification
to arrange laws or rules into a systematic code
What is the difference between the civil and criminal law systems in Canada?
Balance of probabilities versus Proof beyond a reasonable doubt.
due process
A possible purpose of the criminal justice system, emphasizing the protection of the rights of individuals.
What is the notwithstanding clause or section 33?
The section of the Canadian Charter of Rights and Freedoms that allows the Canadian provincial or federal governments to override certain rights set out within the Charter.
What is the difference between standards/principles and rules
Rules are very clearly defined and precise, whereas as standards/principles give judges more flexibility and discretion in refining the law
What is the difference between Crown counsel and defense counsel
the prosecutor/crown counsel is an objective non-biased subject who presents the evidence fairly. The defense counsel is an advocate, representing the interests of the accused.
what is Amici Curiae
“friend of the court” a person who assists the court by making representations in matters of law or fact that might not be otherwise addressed.
Role of the Judge
role of judge in adversarial system is supposed to be that of a dispassionate listener who does not generally get involved in questioning witnesses. In Canada a Judge is an adjudicator, who makes decisions based solely on on the evidence presented.
Role of Interveners
Court grants individuals or organizations “intervener” status to assist in the court interpreting the law but not allowed to make arguments based on the merits of the case.
What does the federal government have jurisdiction over?
The criminal law (not including the constitution of the courts of criminal jurisdiction) but including the procedures in criminal matters. The establishment, maintenance and management of penitentiaries.
What does the provincial government have jurisdiction over?
The establishment, maintenance and management of public and reformatory prisons for the province. Property and civil rights in the province, the administration of justice in the province, the imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section.
Which levels of Government can make and enforce law through the CJS.
the federal, provincial, and municipal. The provincial government can delegate to cities and municipalities the power to make and enforce by-laws.
Where do offences created by the federal government appear?
Offences created by the federal government appear in statutes such as the criminal code, controlled drugs and substances act, etc. offences under these statutes are enforced and prosecuted through the procedures set out in the criminal code.
What is the charter of rights and freedoms a part of?
The charter of rights and freedoms is a part I of the constitution Act and came into effect April 17, 1982. Since the charter is part of the constitution act , it is a part of the supreme law of Canada, as specified in section 52.
which government doe the charter apply to?
The charter applies to the federal, provincial, and territorial governments of Canada, in respect of all matters within their jurisdiction.
What is section 1 of the charter?
Section 1 of the Charter provides that the rights and freedoms contained in the Charter are subject to such “reasonable limits prescribed by the law as can be demonstrably justified in a free and democratic society. Thus, the rights set out in the charter are not absolute rights. All of them may be restricted, provided the restriction can be “demonstrably justified in a free and democratic society.
what is section 52 of the constitution act, 1982?
If a law cannot be demonstrably justified within the terms of section 1 of the charter which states that a restriction of the law has to be demonstrably justified in a free and democratic society, then a judge can declare it to be of “no force and effect” under section 52 of the constitution act.
what must happen before section 1 of the charter is an issue?
there must be a violation of rights prescribed by the law (that is, set out in law).
what is section 24 of the charter?
Section 24 of the charter exists to provide potential remedies to citizens who have had their charter rights violated by the application or enforcement of the law. Those that have had their charter rights violated may apply to a court of competent jurisdiction to obtain such a remedy as the court considers appropriate and just in the circumstances.
