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crim and justice > Pretrial Criminal Procedure & The Courts and Criminal Trial Procedure (lec 6) > Flashcards

Pretrial Criminal Procedure & The Courts and Criminal Trial Procedure (lec 6) Flashcards

1
Q

what follows the laying of charges?

A

The First Appearance

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2
Q

what is the first appearance?

A

-Charges read to the defendant

also..
-Bail decisions
-Appointment of legal aid lawyers

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3
Q

what is bail?

!!!

A

Judicial Interim Release

-most important step for accused person in the criminal process

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4
Q

what did the Bail Reform Act establish? (1972)

A

system of interim release

-Basis for bail in Canada

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5
Q

what did the Ouimet Committee recommends about
the Bail Reform Act?

A

-Suspects not placed in detention

-Unless, its only way to ensure appearance of accused in court

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6
Q

what is prefrence to detention according to Bail Reform act?

A

suspects released into community pending
trial

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7
Q

what is the Ladder Approach? what must prosecutors do according to this approach?

A

decides how much supervision placed on accused when awaiting trial

prosecutor must justify greater degrees of restrictions on the accused

(s. 515[2] of the Criminal Code).

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8
Q

what are potential conditions of bail?

A

-Report to police officer
-Recognizance
-Deposit($)

-Preference for a surety – monitor accused
until trial

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9
Q

t/f bail hearings are usually quick

A

true

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10
Q

what is the process of bail?

A

-Officer- makes recommendation to crown
prosecutor

-Conditions of release

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11
Q

what does when a debate for bail takes place depend on?

A

relates to conditions of release not release itself

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12
Q

what is legal aid?

A

government supported system
-allows individuals who are earning below a
certain amount to receive free legal services

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13
Q

what does section 10(b) of charter state with respect to legal aid?

A

right to retain council without delay

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14
Q

what did legal aid look like in early days of criminal justice system?

A

Defense lawyers
–free legal aid
–pro bono
-Social responsibility

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15
Q

how do we see legal aid in recent decades?

A

formal legal aid programs across Canada

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16
Q

what are 2 important aspects legal aid is viewed as?

A

both:
-aspect of social welfare
-important component of an effective
justice system

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17
Q

which province was first to have legal aid in 1967?

A

Ontario

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18
Q

when did federal funding for legal aid start?

A

1973

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19
Q

what is the result when federal gov had funding cuts for legal aid?

A

increase in cost falls upon provincial budgets

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20
Q

what are the 3 legal aid models?

A

-Judicare

-Public Defender (Staff System)

-Mixed/combined approach
(combination of the above
two)

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21
Q

what is judicare? which provinces/territories use it?

A

Qualified legal aid recipient

–get certificate, able to find own lawyer

-BC, Alberta, Ontario

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22
Q

what are some benefits of judicare?

4 points

A

-Lower costs
-One lawyer – throughout case
-Service availability
-Client can make own selection based on best interest

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23
Q

what is the staff system? which provinces/territories use it?

A

Lawyers employed by provincial government

-Sask, NFL, NS, Yukon

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24
Q

what are benefits of the staff system?

4 points

A

-Lawyers on salary
-other public defender contacts
-Better representation
-Centralized system (greater efficiency)

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25
Q

what is the mixed system? which provinces/territories is it used in?

A

-Recipient chooses from panel (staff or private)

-Mn, Qbc, Nb, Nwt, Nunavut, pei

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26
Q

what model is used when there is less funding for legal aid?

A

Self-Help Model

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27
Q

what is the self help model? what are the downfalls?

4 points

A

-On own
-“unbundled” services
-various steps of process
-No ongoing representation

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28
Q

what is the Prosecutorial Screening Process?

A

-Police – arrest, lay charges

-Prosecutor won’t automatically proceed with case

-Many defendants – never brought to trial

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29
Q

what is the problem when it comes to crown prosecutors?

A

almost complete freedom to decide
-when to charge
-what charges
-reduce or drop charges

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30
Q

what is a result of the large amounts of freedom placed in crown prosecutors?

A

Case Attrition: loss of cases throughout CJS process

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31
Q

what are 3 things Prosecutors are responsible for deciding during screening process?

A

-if case tried in court
-Plea bargaining
-Dismissing charges

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32
Q

what is the most important factor in the Prosecutor Screening Process?

A

sufficient evidence

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33
Q

what are other factors in PSP?

prosecutorial screening process, 5 points

A

-Case priorities
-Record of accused
-Nature of witness
-Credibility of victims (or witnesses)
-Accused will testify against someone else (in different trial)

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34
Q

what are the 6 guiding models of PSP?

A

-Transfer
-Unit
-Legal Sufficiency
-System Efficiency
-Trial Sufficiency
-Defendant Rehabilitation

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35
Q

which guiding model of PSP uses little screening and charge
most cases, with a key factor being resources?

A

Transfer Model

36
Q

what is the unit model of PSP?

A

–significant amount of discretion
– minimal organization guidance

37
Q

which guiding model of PSP has cases screened by
legal elements, seeing if a case ha sufficient legal grounds?

A

Legal Sufficiency Model

38
Q

which guiding model of PSP is described?: Cases disposed
of in quickest manner possible, only cases
with high likelihood of success prosecuted

A

System Efficiency Model

39
Q

what is the PSP model of trial sufficiency?

A

Only if conviction is likely will case go to court, resources
secondary

40
Q

what is the focus of the PSP Defendant Rehabilitation Model?

A

possible to rehabilitate the defendant?

41
Q

what are the purpose of the 6 guiding models of the Prosecutor Screening Process?

A

helps prosecutor decide whether to move on with case or not

42
Q

what is plea bargaining defined as?

A

any agreement by the accused to plead guilty in return for the
promise of some benefit

43
Q

what are 4 benefits of plea bargains?

A

-Increases efficiency of CJS
-Decrease operating costs
-Decrease prosecutorial workload
-May reduce trauma felt by victims

44
Q

what are Crime control advocate’s criticism of plea bargains?

3 points

A

-unfair
-hidden
-leniency

45
Q

what are other criticisms of plea bargains?

A

-integrity of CJS
-Avoids due process standards
-Innocent – compelled to plead guilty

46
Q

what are the 4 types of plea bargaining?

A

-Charge
-Sentence
-Fact
-Label

47
Q

what is charge bargaining?

A

-Reduction of charge
-Drop certain charges
-Promise not to proceed on other possible charges

48
Q

what is sentence bargaining?

A

-Proceed summarily vs. indictment
-Promise not to appeal against sentence
-Arrange sentence before particular judge

49
Q

what is fact bargaining?

A

-Crown prosecutor - not to volunteer certain information about accused
-Not to mention circumstance of offense

50
Q

what is label bargaining?

A

Attempt by defense to avoid negative label by offering to plead guilty

51
Q

what is the jury’s role?

A

Decide what the facts are based on the trial evidence, apply the law given by the judge, and deliver a verdict

52
Q

when is Right to a Jury Trial (Section 11(f) – Charter of
Rights and Freedoms) applicable?

A

-Only in more serious offenses
-Maximum punishment – 5 years or more

53
Q

how many and what kind of steps are in the jury selection process?

A

Four Step Process

-Three outside court - provincial responsibility
-Fourth inside court – Criminal Code

54
Q

what are the 3 outside steps of jury selection? what is the result of these 3 steps called?

A
  1. list of eligible jurors
  2. remove ppl disqualified by provincial jury act
  3. Select a group from remaining names, summon them to court

list is called the “jury array” or “jury roll.”

55
Q

what is the purpose of the 4th step of jury selection; In Court Selection Process?

A

Purpose: which potential jurors are impartial?

56
Q

Canadian trial judges have no authority to assess impartiality during a jury selection, if this is true, how are jury assessed?

A

-Jury selection – two layperson triers
-Once have twelve, jury sworn

57
Q

what are the purpose of challenges during jury selection?

A

eliminate unqualified/not impartial jurors

58
Q

what are 2 main types of challenges in jury selection? how do they differ?

A

-Challenge for Cause (rare) – provide reason
-Peremptory Challenge - no cause needed

59
Q

what are the 3 main models used to explain the function of courts?

A

-Due Process Model
-Crime Control Model
-Bureaucratic Function Model

60
Q

what is the focus if the due process model? what is the best way to obtain fairness?

A

Rights of accused

Best way to obtain fairness?
-Adjudication – decision making in an open court

61
Q

how does the due process model emphasize the importance of the adversarial nature?

A
  1. Neutral, impartial judge
  2. Prosecution and defense - equal chance to present relevant evidence
  3. Highly structured set of procedures
62
Q

what is the main goal of the crime control model? how is this achieved?

A

Protection of society

Goal of courts – justice through deterrence/harsh punishment

63
Q

what is the main focus of the Bureaucratic Model?

A

speed

64
Q

what is considered success of the bureaucratic model?

A

speed of case through system versus serving justice

65
Q

t/f “The Court System” can refer to places or individuals

A

true

ex:
-Room
-Group of judges
-Single judge

66
Q

what kind of proof must be presented before trial? what type is needed to convict?

A

Before trial – probable cause

To convict – higher standard – beyond reasonable doubt

67
Q

who are 7 Key participants in a trial?

A

-Defendant
-Crown prosecutor
-Defense council
-Judges
-juries
-Victims
-witnesses

68
Q

what are 3 goals of the judicial system?

A
  1. place to seek justice under the law

2.Handling cases: ppl accept and follow the court’s decision.

3.Building and strengthening public trust

69
Q

what is essential to legitimacy of the legal system?

A

public trust

70
Q

what are 4 court experiences that enhance public trust,
satisfaction and compliance?

A
  1. Voice – tell side of story before decision made
  2. Neutrality – judges – transparent, open
  3. Respect – cases treated respectfully
  4. Trust – judges – listen, fair, no biases
71
Q

what did studies of the court find about majority of cases?

A

accused pleads guilty to charges at first appearance

72
Q

what did studies of the court find about lower courts?

A

police play important role

73
Q

what is the role of a defense lawyer?

A

-protect legal rights of accused and ensure fair process

-examine evidence to assess strength of case

-evaluate reliability of prosecutor’s evidence +testimony

74
Q

t/f the primary duty of the crown prosecutor is conviction

A

false, NOT conviction

75
Q

what is the role of the crown prosecutor?

A

-present state’s case against defendant

-enforce law + maintain justice by presenting all relevant evidence

76
Q

what is the role of judges?

A

-Protecting rights of accused

-resolving disputes b/w prosecutor and defense lawyer during trial

77
Q

what are 2 things judges determine?

A
  1. certain cases- guilt or innocence
  2. type/length of sentence
78
Q

the criminal trial is seen as the ______ in the court system?

A

“centerpiece”

79
Q

what must the prosecutor prove during a trial?

A

defendant committed act and had required intent at time of crime

80
Q

what are 3 important legal rights with respect to a criminal trial?

A

-Presumption of innocence
-Right of the accused to confront accuser
-Right to a public (open) trial

81
Q

what is criminal trial defined as? what is a hallmark of a criminal trial?

A

formal process that strictly follows rules of evidence, procedure
and criminal law

-Formality/Rigidity

82
Q

what are the 3 types of evidence?

A

-Real
-Direct
-Circumstantial

83
Q

how is each type of evidence defined?

A

Real evidence – exhibits – clothing, weapons

Direct evidence – observations of eyewitnesses

Circumstantial evidence –additional facts that may suggest the accused’s guilt or innocence

84
Q

what are expert witnesses? what is an example?

A

specialists in certain areas that apply to the case

ex. Medical Examiner (time of death, how injuries occurred)

85
Q

what are 7 the steps of a criminal trial?

A
  1. Opening Statement
  2. Evidence
  3. Defense’s Evidence
  4. Closing Arguments
  5. Charge to Jury
  6. Verdict
  7. Appeals
86
Q

the author of our textbook (Colin Goff) was a professor at which university?

A

University of Winnipeg

crim and justice (11 decks)

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