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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
what is the mixed system? which provinces/territories is it used in?
-Recipient chooses from panel (staff or private) -Mn, Qbc, Nb, Nwt, Nunavut, pei
26
what model is used when there is less funding for legal aid?
Self-Help Model
27
what is the self help model? what are the downfalls? | 4 points
-On own -“unbundled” services -various steps of process -No ongoing representation
28
what is the Prosecutorial Screening Process?
-Police – arrest, lay charges -Prosecutor won't automatically proceed with case -Many defendants – never brought to trial
29
what is the problem when it comes to crown prosecutors?
almost complete freedom to decide -when to charge -what charges -reduce or drop charges
30
what is a result of the large amounts of freedom placed in crown prosecutors?
Case Attrition: loss of cases throughout CJS process
31
what are 3 things Prosecutors are responsible for deciding during screening process?
-if case tried in court -Plea bargaining -Dismissing charges
32
what is the most important factor in the Prosecutor Screening Process?
sufficient evidence
33
what are other factors in PSP? | prosecutorial screening process, 5 points
-Case priorities -Record of accused -Nature of witness -Credibility of victims (or witnesses) -Accused will testify against someone else (in different trial)
34
what are the 6 guiding models of PSP?
-Transfer -Unit -Legal Sufficiency -System Efficiency -Trial Sufficiency -Defendant Rehabilitation
35
which guiding model of PSP uses little screening and charge most cases, with a key factor being resources?
Transfer Model
36
what is the unit model of PSP?
–significant amount of discretion – minimal organization guidance
37
which guiding model of PSP has cases screened by legal elements, seeing if a case ha sufficient legal grounds?
Legal Sufficiency Model
38
which guiding model of PSP is described?: Cases disposed of in quickest manner possible, only cases with high likelihood of success prosecuted
System Efficiency Model
39
what is the PSP model of trial sufficiency?
Only if conviction is likely will case go to court, resources secondary
40
what is the focus of the PSP Defendant Rehabilitation Model?
possible to rehabilitate the defendant?
41
what are the purpose of the 6 guiding models of the Prosecutor Screening Process?
helps prosecutor decide whether to move on with case or not
42
what is plea bargaining defined as?
any agreement by the accused to plead guilty in return for the promise of some benefit
43
what are 4 benefits of plea bargains?
-Increases efficiency of CJS -Decrease operating costs -Decrease prosecutorial workload -May reduce trauma felt by victims
44
what are Crime control advocate's criticism of plea bargains? | 3 points
-unfair -hidden -leniency
45
what are other criticisms of plea bargains?
-integrity of CJS -Avoids due process standards -Innocent – compelled to plead guilty
46
what are the 4 types of plea bargaining?
-Charge -Sentence -Fact -Label
47
what is charge bargaining?
-Reduction of charge -Drop certain charges -Promise not to proceed on other possible charges
48
what is sentence bargaining?
-Proceed summarily vs. indictment -Promise not to appeal against sentence -Arrange sentence before particular judge
49
what is fact bargaining?
-Crown prosecutor - not to volunteer certain information about accused -Not to mention circumstance of offense
50
what is label bargaining?
Attempt by defense to avoid negative label by offering to plead guilty
51
what is the jury's role?
Decide what the facts are based on the trial evidence, apply the law given by the judge, and deliver a verdict
52
when is Right to a Jury Trial (Section 11(f) – Charter of Rights and Freedoms) applicable?
-Only in more serious offenses -Maximum punishment – 5 years or more
53
how many and what kind of steps are in the jury selection process?
Four Step Process -Three outside court - provincial responsibility -Fourth inside court – Criminal Code
54
what are the 3 outside steps of jury selection? what is the result of these 3 steps called?
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
what is the purpose of the 4th step of jury selection; In Court Selection Process?
Purpose: which potential jurors are impartial?
56
Canadian trial judges have no authority to assess impartiality during a jury selection, if this is true, how are jury assessed?
-Jury selection – two layperson triers -Once have twelve, jury sworn
57
what are the purpose of challenges during jury selection?
eliminate unqualified/not impartial jurors
58
what are 2 main types of challenges in jury selection? how do they differ?
-Challenge for Cause (rare) – provide reason -Peremptory Challenge - no cause needed
59
what are the 3 main models used to explain the function of courts?
-Due Process Model -Crime Control Model -Bureaucratic Function Model
60
what is the focus if the due process model? what is the best way to obtain fairness?
Rights of accused Best way to obtain fairness? -Adjudication – decision making in an open court
61
how does the due process model emphasize the importance of the adversarial nature?
1. Neutral, impartial judge 2. Prosecution and defense - equal chance to present relevant evidence 3. Highly structured set of procedures
62
what is the main goal of the crime control model? how is this achieved?
Protection of society Goal of courts – justice through deterrence/harsh punishment
63
what is the main focus of the Bureaucratic Model?
speed
64
what is considered success of the bureaucratic model?
speed of case through system versus serving justice
65
t/f "The Court System" can refer to places or individuals
true ex: -Room -Group of judges -Single judge
66
what kind of proof must be presented before trial? what type is needed to convict?
Before trial – probable cause To convict – higher standard – beyond reasonable doubt
67
who are 7 Key participants in a trial?
-Defendant -Crown prosecutor -Defense council -Judges -juries -Victims -witnesses
68
what are 3 goals of the judicial system?
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
what is essential to legitimacy of the legal system?
public trust
70
what are 4 court experiences that enhance public trust, satisfaction and compliance?
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
what did studies of the court find about majority of cases?
accused pleads guilty to charges at first appearance
72
what did studies of the court find about lower courts?
police play important role
73
what is the role of a defense lawyer?
-protect legal rights of accused and ensure fair process -examine evidence to assess strength of case -evaluate reliability of prosecutor's evidence +testimony
74
t/f the primary duty of the crown prosecutor is conviction
false, NOT conviction
75
what is the role of the crown prosecutor?
-present state’s case against defendant -enforce law + maintain justice by presenting all relevant evidence
76
what is the role of judges?
-Protecting rights of accused -resolving disputes b/w prosecutor and defense lawyer during trial
77
what are 2 things judges determine?
1. certain cases- guilt or innocence 2. type/length of sentence
78
the criminal trial is seen as the ______ in the court system?
“centerpiece”
79
what must the prosecutor prove during a trial?
defendant committed act and had required intent at time of crime
80
what are 3 important legal rights with respect to a criminal trial?
-Presumption of innocence -Right of the accused to confront accuser -Right to a public (open) trial
81
what is criminal trial defined as? what is a hallmark of a criminal trial?
formal process that strictly follows rules of evidence, procedure and criminal law -Formality/Rigidity
82
what are the 3 types of evidence?
-Real -Direct -Circumstantial
83
how is each type of evidence defined?
Real evidence – exhibits – clothing, weapons Direct evidence – observations of eyewitnesses Circumstantial evidence –additional facts that may suggest the accused's guilt or innocence
84
what are expert witnesses? what is an example?
specialists in certain areas that apply to the case ex. Medical Examiner (time of death, how injuries occurred)
85
what are 7 the steps of a criminal trial?
1. Opening Statement 2. Evidence 3. Defense's Evidence 4. Closing Arguments 5. Charge to Jury 6. Verdict 7. Appeals
86
the author of our textbook (Colin Goff) was a professor at which university?
University of Winnipeg

crim and justice (11 decks)

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