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POLS 3300 FINAL Flashcards

1
Q

Role of prosecution is to

A

present all credible evidence, not obtain a conviction

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2
Q

considerations of prosecution include ___ and ___

A

reasonable liklihood of conviction and prosecution in public interest

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3
Q

reasonable likelihood of conviction is

A

strong and sufficient evidence crucial to secure guilty verdicts

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4
Q

prosecution in public interest only applies if

A

reasonable likelihood of conviction is met
this determines if a case will benefit society

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5
Q

seriousness of alleged offence is classified as

A

more serious offence in favour of prosecution

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6
Q

mitigating/aggrivating circumstances include

A

self defence, duress and intent

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7
Q

R v Stinchcombe was a case about

A
  • lawyer charged with theft, fraud and breach of trust
    -crown witness gave evidence that supported defence, didnt call them
  • stinchcombe attempted to obtain evidence, it was denied
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8
Q

stinchcombe case showed that

A

crown has a duty to provide relevant evidence to defence

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9
Q

crowns role is to

A

prosecute case and duty to act fairly

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10
Q

defence’s role is to

A

protect accused’s rights and ensure fair and full defence

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11
Q

principles of fundamental justice include

A

fairness, transparency, and equality

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12
Q

prosecutorial discretion is well protected by ____ and is essential for

A

public interest that supports crown with discretion and indepence

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13
Q

a plea agreement is

A

agreement between crown and accused that secures concession in return for guilty plea

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14
Q

internal accountability includes

A

policies, guidelines and evaluations

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15
Q

political accountability is

A

AG is accountable to legislature and public

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16
Q

limited civil liability is

A

prosecutors immune from civil lawsuits

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17
Q

malicious prosecution can be used if they can find proof of:

A

1 lack of reasonable cause
2 acted with malice
3 damages suffered due to prosecution
4 termination in accused favour

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18
Q

judicial review is available when

A

there is a breach of charter/ procedural rights

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19
Q

charter of rights and freedoms says

A

prosecutorial conduct must comply with charter rights

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20
Q

violations of charter rights lead to

A

exclusion of evidence, acquittals, and reduced sentences

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21
Q

s.10(b) is the right to

A

counsel

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22
Q

main functions of defence counsel in court rulings are to __, __, __, and __

A

secure judicial release, represent accused, distinguish between defences, and advise clients

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23
Q

professional duties of the defence counsel are to

A

protect client legal rights and prevent wrongful doings

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24
Q

s. 24(2) is

A

exclusion of evidence

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25
under s.24(2), defence can argue
illegally obtained evidence should be excluded from proceedings
26
when making a ruling, courts must consider:
charter breaches, accused's rights, and the justice systems integrity
27
case of bernardos lawyer
- police obtain warrant to search house - search for 71 days find nothing - murray gets direction from bernardo on where the tapes are, and hides them for 17 months -murray copied tapes
28
murray was charged with
obstructing justice, possession of child porn
29
indictable offences must be heard in S.____ in ____ courts
S.96 superior courts
30
most criminal cases heard in s.92 __ courts
provincial courts
31
S.11 (e) is the right to
not be denied bail without reasonable cause
32
S.503 of the criminal code says
those not released must have bail hearing within 24 hours
33
reverse onus changes include
2019: intimate partner violence 2023: repeat offenders, firearm offences, IPV
34
pretrial detention includes three grounds:
primary, secondary and tertiary grounds
35
a primary ground means
detention necessary to ensure attendance in court
36
a secondary ground means
detention necessary for protection/safety of public
37
a tertiary ground means
detention necessary to maintain confidence in admin of justice
38
S.515 outlines
conditions which accused can be release/detained pending trial
39
least onerous conditions means
responsibilites outweight the benefits
40
surety is
a person supervising the accused
41
R v Zora is about
- person charged for not answering door for curfew check, but not enough to prove recklessness
42
impact of R v Zora conviction
harder to get bail, conviction breach affects credibility, creates cycle of breaches
43
defence council must ensure that their client does not get
set up to fail
44
men are more likely to receive __ and be ___ than women
custodial sentences and be perceived as guilty
45
non criminal justice effects of pre-trial detention include
job loss and stigmatization of the accused
46
the culture of adjournment
adjourns cases rather than proceeding quickly and causes bail delays
47
there are higher rates of bail denial for
indig, racialized, and low-income indviduals
48
trial procedure is
- enter plea (guilty or not) - jury selection of necessary -crown and defence can examine and challenge jurors for cause
49
R v Kokopenance case showed that
juries don't need to be demographically representative, but must be fair and equal
50
Stanley trial was
- charged w 2nd degree murder (white perp, cree victim) -no visible indig. people selected for jury
51
the premptory challenge in the Stanley trial was
challenge to jury selection without reason
52
the ___ gov abolished peremptory challenges and implemented bill ___
trudeau, bill c-75
53
the 4 main categories of judicial role in criminal law are
1. federalism 2. charter 3. statutory interpretation 4. developing common law defences
54
(federalism) RJR-MacDonald case
Federal government ban on tobacco advertising is valid exercise of crim law power
55
(federalism) R v. Hydro-Quebec
-Case about environmental protection act, charged with dumping toxins into a river -environmental regulation is a valid objective of criminal law
56
(federalism) Canada (AG) v. PHS Community Services Society
application of criminal law to healthcare (safe injection site) - important bc it is part of fed law but also prov law
57
the constitution has power to strike down laws that violate ___
charter rights
58
(charter) R v. Keegstra
teacher charged with promoting hatred through teaching antisematic hatred
59
(charter) R v. Keegstra had an impact on what section
2(b) - freedom of expression, but S.319 limits types of expression
60
(charter) criminal law places limits on ___, even those protected by ___
liberties, constitution
61
(charter) section 12 is the right to
not be subjected to cruel unusual treatment or punishment
62
(charter) violations of section 12 include:
torture, corporal punishment, capital punishment, mandatory minimums
63
(charter) things that do not violate section 12 include:
mandatory minimums that include abuse, fixed terms of imprisonment, fines and detention
64
courts and admin tribunals use stat interpretation to
interpret and apply the law in cases
65
stat interpretation tells us how to
define and interpret certain laws
66
law is unclear (criminal) the tradition is that courts will read it in favour of
the accused
67
defences to crimes in the common law are
judge made case laws
68
defences to crimes in the criminal code are
statutory interpretations
69
in common law, defence challenges the wrongfulness of an action that
constitutes a crime
70
duress is
when you are forced to do something criminal
71
R V Lavallee 1990 is significant because
it put into force the battered woman syndrome
72
R V Lavallee 1990 case is about
- abusive relationship by common law partner - threatened to kill or be killed - hands her gun after an assault - partner leaves and returns killing him
73
battered woman syndrome
womans experience is part of the determination of wether or not the act was truly part of self defence
74
Legacy: section 34, criminal code (2012)
different types of self defence courts trying to figure out how a normal person would act in certain situations
75
Greatest impact of judiciary on criminal law and procedure is through the
exclusion of evidence
76
we get exclusionary rule from section
24(2)
77
section 24(2) allows judges to ___ when evidence has been gathered in a way that ___ the __ of accused
remedy (fix), violates, rights
78
the main parts of the exclusionary rule include
- Court determines right is violated - if it violates charter right it must consider if public will lose trust in system if evidence is included - is NOT and exclusionary rule, test must be applied
79
R v Grant 2009
- Toronto policing area around school known for criminal activity - Police observed Grant acting suspiciously - Grant advises police that he has a firearm and weed which are then seized grant arrested, not informed of right to to speak to lawyer
80
detention is
significant physical or psychological harm
81
psychological detention means
- legal obligation to comply with restrictive request or demand - had no choice other than to comply
82
the grant test has three parts:
1. seriousness of the charter infringing state contact - severe and deliberate, greater need for courts to respond to conduct 2. impact on the charter-protected interests of the accused - minor impact on charter interests means evidence is likely to be admitted 3. societies interest in adjudication on the merits - if charter undermines reliability then evidence is less likely to be admitted
83
after the grant test is applied to his case they found:
- the gun should be admitted - the charter breaches of police were unreasonable, but not serious -the gun is reliable evidence and essential to case so it is admitted
84
when R v Grant reaches the SCC, they say police violated his:
S.8 rights- unreasonable search and seizure S.9 rights- arbitrary detention S.10(b) rights: right to consuel
85
Impact of R v Grant case
- found evidence is being excluded 70% of the time - trial courts more likely to exclude evidence - reduction in exclusion of evidence for: statements, and bodily samples
86
under section ___ of the criminal code, purposes of sentencing include (6 factors):
1. denounce unlawful conduct 2. deter offender from committing offences 3. separate offenders from society 4. assist in rehabilitating 5. provide reparations for harm done to victims/community 6. promote sense of responsibility in offenders and acknowledge harm done
87
section 718.1 of the criminal code states that a sentence must be:
proportionate to the gravity of the offence and degree of responsibility of offender
88
principles of proportionality state that
- they are tailored to match the offender - individualized and subjective - gravity of offence measured by lasting effects on vicitm

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