Module 8 Flashcards
(68 cards)
1
Q
What 3 things should be true about the judicial system? (Think about the lady justice)
A
- Should be blind
- Equal
- Justice will be served
2
Q
What are the 2 judicial systems and what do they mean?
A
- Adversarial. Judges job is passive
- Inquisitorial. Judge is active, looking for evidence.
3
Q
What are summary offences? Who are they tried by?
A
- $2000 fine or 6 months in jail
- Judge alone
4
Q
When can a defendant choose if the trial is tried by judge or jury?
A
Indictable offences with a potential sentence of 5 years or less.
5
Q
What percent of trials is heard by judge and jury?
A
20
6
Q
What happens during hybrid offences?
A
Crown chooses whether to proceed with indictable or summary charges.
7
Q
What are the 2 legal functions of a jury?
A
- Decide the facts from evidence
- Decide on a verdict
8
Q
What is not a function of Canadian juries?
A
Sentencing
9
Q
What is step 1 of selecting jurors?
A
Prepare a jury list
10
Q
Before bill C-75, how many peremptory challenges could be used?
A
- 20 for murder
- 12 for anything else
11
Q
What was done for challenge of cause prior to bill C-75?
A
2 members of jury would decide whether the juror would be bias or not.
12
Q
How does post bill C-75 compare?
A
- No more peremptory challenges
- Judge decides challenge for cause and jurors that served less than 2 years in prison, cannot be excluded
- Judge can continue if pool is below 10
13
Q
What are the 3 requirements to be a juror?
A
- Canadian citizen
- Live in the province
- 18 years old
14
Q
Who cannot serve on a jury?
A
- Attended law school
- Work in justice
- Member of house of commons
- Indictable offence 2 + years
- Armed forces member
15
Q
What 2 things can happen of jurors are not impartial?
A
- Adjournment (delay trail)
- Change venue
16
Q
Study by Ruva & McEvoy showed what about pretrial publicity?
A
- Positive publicity has no effect on guilty verdict
- Negative publicity does have an effect
17
Q
Who convicts more, judge or jury?
A
Judge
18
Q
What are 2 general features looked at in jury selection?
A
- Personality (e.g., Higher score on authoritarianism convict more)
- Attitudes (e.g., Rape myths and peoples beliefs)
19
Q
What are the 4 ways we can study juries?
A
- Post trial interviews (Can’t talk about it in Canada)
- Archival studies
- Field studies (limited in Canada)
- Simulation studies
20
Q
Can jurors disregard inadmissible evidence?
A
No!
21
Q
What are the 6 variables studied in relation to a verdict?
A
- Demographic
- Personality traits
- Attitudes
- Defendant characteristics
- Victim characteristics
- Expert testimony
22
Q
How does race relate to capital punishment given?
A
Higher percent of capital punishment given when the race of the defendant and victim are not the same.
23
Q
How does sex play a role in the capital punishment given?
A
- If the defendant is female the jurors are less harsh
- Female jurors are also less harsh to defendant UNLESS it is a sexual assault case
24
Q
How does beauty affect punishment?
A
- Attractive defendants typically rated less harshly
25
What is rape myth acceptance (RMA), what is true about it relating to jurors and who presents it much higher?
-Cognitive, affective and behavioural effects of beliefs that blame the victim and exonerate the perpetrator. Failure to resist attack, prior relationship, intoxication, calm demeanour
- In Mock trials, jurors were more likely to make negative judgements of the case aligned with rape myths
- Men present higher RMA
26
What 2 factors predicted verdict choice when looking at pre trial publicity and RMA?
- Negative messages about the victim = more not guilty verdicts
- People that believed the victim consented = more not guilty verdicts
27
What are 4 limitations to jury research?
- Deliberations. Group discussions vs individual decisions
- Complexity/length of an actual trial. Low generalizability to the real world.
- Samples not representative of real jury
- People are not always aware of why they make certain decisions
28
What 2 elements must be established for criminal guilt to be found?
- Actus reus
- Mens rea
29
What is actus reus?
A wrongful deed
30
What is mens rea?
Criminal intent
31
What are the 2 underlying values of fitness to stand trial?
- Fair trial (must be able to understand what is expected of you as the defendant).
- Accurate trial
32
What are 3 things that make the defendant fit for trial?
- Able to understand the nature or object of the proceedings
- Understands the possible consequences of the proceedings
- Is able to communicate with counsel
33
What are the 4 core elements of assessing the fitness of a defendant?
- Focus is on defendants present ability and not at the time of the crime.
- Focus is on capacity and not willingness.
- Possess a reasonable knowledge.
- Emphasis is on current cognitive functioning and not on mental disorder.
34
The treatment order can be no longer than _ days.
60
35
After a fitness hearing, what percent of defendants will be found to be unfit?
25
36
After a fitness hearing, what percent of defendants will be found to be fit?
75
37
What are the 2 possible outcomes of an annual review?
- Conditional discharge
- Custody in hospital
38
What is the competency screening test?
- 22 sentences that need to be completed
- 3 point scale (2=competent, 1=unsure, 0=incompetent)
- Scores <20 mean possible incompetent
39
What are the possible problems with the competency screening test (CST)?
- They may score low because they are unfit, cynical (distrustful) or they are depressed. There are more reasons just being unfit that can lead to a low score so it is not overly reliable for determining fitness.
40
What does NCRMD stand for?
Not criminally responsible on account of mental disorder.
41
A person is not criminally responsible for an act or omission committed while suffering from a mental disorder given the person is incapable of what 2 things?
- Appreciating the nature and quality of the act or omission
- Knowing that what they did was wrong
42
What are the 4 most common myths about NCRMD?
- large number of defendants use the defence
- Majority of the times the plea is successful
- Those found NCRMD are released to society quickly
- That NCRMD is extremely dangerous
43
How many criminal cases out of 1000 use the NCRMD defense?
2
44
What precent of NCRMD cases are successful?
26
45
Does NCRMD offenders tend to spend more or less time in confinement?
More
46
Are the more male or female NCRMD offenders?
Male (84%)
47
What offence has the lowest percent of NCRMD?
Sexual Assault
48
What diagnoses has the highest percent of NCRMD?
Schizophrenia and affective disorders
49
What is a detention order?
Detention in a secure psychiatric setting, usually hospital
50
What is a conditional discharge?
Discharged but with release conditions. Can be detained of conditions are not followed.
51
What is an absolute discharge?
Completely discharged from the system without any restrictions.
52
What are 4 things that must be taken into consideration when deciding a disposition of NCRMD?
- Public safety
- Defendants mental state
- Defendants ability to reintegrate into society
- Any other needs of the defendant
53
What percent of NCRMD is given a conditional discharge, custody order or absolute discharge?
- 35
- 52
- 13
54
What is automatism?
What are the 2 types?
The unconscious, involuntary behaviour such that the person committing the act is not aware of what he or she is doing.
- Noninsane
- Insane
55
What is noninsane automatism and what is the verdict?
- Involuntary behaviour that occurs due to external factor
- Verdict = not guilty
56
What is insane automatism and what is the verdict?
- Involuntary behaviour due to a mental disorder
- Verdict = NCRMD
57
What are 6 examples of noninsane automatism?
- Sleepwalking
- Physical blow
- Physical ailment
- Hypoglycaemia
- Carbon monoxide poisoning
- Involuntary intoxication
58
What are some differences between NCRMD and fitness to stand trial?
- NCRMD requires an admission of a crime, fitness does not.
- NCRMD focuses on mental state at offence time, fitness focuses on any point during the trial
59
What percent of Americans are diagnosed with a mental disorder?
46%
60
Who comes in contact with the criminal justice system (CJS) more often?
Those with mental illness
61
What mental disorders come in contact with the criminal justice system most often?
- Drug use
- Antisocial personality disorder
62
What is not a reason that those with mental illness come in contact with the CJS more often?
Greater violence
63
Why do those with mental illness tend to have a higher contact with the CJS?
- More likely to be arrested (don't try to escape)
- More spontaneous and less planning in crimes
- More likely to plead guilty, often can't afford legal help
- Mental illness symptoms can lead to criminal lifestyle
64
If those with mental illness do not have high violence rates, what can lead to violence?
Mental illness + Substance dependence
65
What is the most robust predictor of criminal behaviour?
Criminal history
66
What is the exception to clinical predictors (any diagnosis) not predicting general or violent recidivism?
Personality disorders
67
What are the objectives of mental health courts?
- Divert those with minor/moderate criminal offences from normal court
- Facilitate defendants fitness
- Make sure the defendant gets mental health treatment
- Decrease repeat offences
68
What kinds of crimes do those with mental illness most commonly commit?
- Trespassing
- Shoplift
- Minor assault
