QUIZ 1: WEEK 2 Flashcards
Describe the role and credentials of a Justice of the peace? of a Judge?
JP
- Don’t have legal training, come from all walks of life
- Do bail hearings, prevail over administrative courts (keeps cases moving along)
- Only provincial
Judge
- Lawyer for at least 10 years (prov - criminal background, sup - many disciplines)
- Must retire at 75
- Provincial and superior court
What are the legalities around non-police arrests? Police arrests?
hints: overall, property, timeline
S. 494(1)
- can arrest if in process or reasonably believed to have committed indictable offence (or hybrid)
- or if being freshly pursued
(2) - property owner/designate - at time or reasonable time after (ie. recognize shoplifter)
(3) - timeline - must be delivered forthwith
S. 495 - police arrest without warrant
- same rules but add criminal offence + reasonable grounds to believe there is an arrest or committal warrant
What is an appearance notice/when can you get one?
undertaking to officer in charge?
summons?
s. 496: appearance notice
- gives court date, don’t sign, no conditions on the scene
- s. 497: can get wherever ur arrested
- s. 499: can be compelled to come to station and then get one if not sure who u are
S. 501(1)(2)(3): Undertaking
- must set out name/bday/contact info/charges, condition to attend court at time/place + broad authority to set other conditions (ie. no liquor)
S. 509: Summons
- Offence freshly committed, not arrested on scene but have grounds, deliver summons to your home
What section, related to bail, protects habeas corpus? exceptions?
S. 503: if decide to keep in custody, must be brought before JP within 24hrs or ASAP
Except: war measures act
What is a show of cause hearing?
What are the primary, secondary, and tertiary grounds of detention?
Why would a reverse onus apply at a bail hearing?
What are the two kinds of release orders?
ss. 515ff: Its a bail hearing - should you be let out?
Primary: flight risk
Secondary: risk to the public
Tertiary: administration of justice
S. 524: RO
- person commits crime while at large for another crime, has to convince JP that they could be released
- some offences are always RO: serious drug offences, murder, treason
Release orders
- undertaking - v similar to police undertaking, remain into affect for duration of the case, no money owed
- Recognizances - $ figure attached, mostly is form of pledge/bond, money owed if you fail to meet conditions (bail bonds)
- With and without surety: someone who vouches for the accused, agrees to report to police if the accused violates conditions
- With and without deposit
Pre-trial procedures: What is remand?
What are the 3 types of pre-trial conferences?
Remand - place offender on bail or in custody (esp for adjournments)
Conferences
- counsel - crown drops the charges (not prosecutable)
- Judicial pre-trial conference (JPT) - gets to know whats going to happen
- Plea negotiation - 90% plead guilty, often to only most appropriate charge
What are the three phases of accountability for youth (time of offence)?
- childhood (under 12): no accountability
- youth (12-17): limited accountability
- adult (18+): full accountability
What do Prof. Bunge and Crawford (2008) say about the adolescent brain?
Crawford
- neural exuberance (thickening on gray matter before puberty) is the last region to mature and does not develop till early adulthood
- prefrontal cortex growth = executive functioning
- teens are briefly insane: low serotonin and they operate on gut responses of amygdala
Prof. Bunge
- study shows kids respond before they actually think through their choice
What are the 3 reasons why sentencing for youth is different? (Roper v. Simmons - 2005 USSC)
- Children have a “lack of maturity and underdeveloped sense of responsibility” leading to recklessness, impulsivity, and heedless risk-taking
- Child are “more vulnerable to negative influences and outside pressures”
- Child’s character is not as “well formed” as an adult’s, traits are less fixed and his actions less likely to be “evidence or irretrievable depravity”
What effect did Roper v. Simmons and Miller v. Alabama have on YJS?
Roper v. Simmons
- National and global consensus against the juvenile death penalty
- Neurological differences were discussed in court as reasoning
Miller v. Alabama
- Life-without-parole for youths held unconstitutional (5:4)
What is the juvenile delinquents act?
what approach is specific to this act - what were the hearing/sentencing rules?
What were the concerns around JDA?
First act for sep. YJS, established 1908
- welfare-oriented philosophy
Parens patriae approach: court is a 3rd parent, youth is considered “neglected or abandoned” by other parents,
“No hard and fast distinction between neglected and delinquent children…”
- very wide net for delinquency proceeding (any “vice”)
- indeterminant sentencing, permanent custody in training school (could b till adulthood)
- Informal hearings held (hear-say could be used, judges had no legal training)
Concerns
- Too much discretion for judges/people involved
- Varying standard from prov. 2 prov (ex: min age widely different)
- Rehabilitation was not occurring - training schools were brutal
- Transfers to adult court happened to frequently
What is the young offender’s act - what was enacted alongside the YOA?
what were the greatest differences between YOA and JDA?
What changes did poli parties make to this act?
Predecessor to JDA, meant to address problems with JDA
Enacted alongside CCRF - 1982, in force 1984
Differences
- Greater recognition of legal rights
- Uniform national age
- Specifically aimed at balancing the needs of youth with the public’s need for protection
- Abolished indeterminate sentences
- Hearings were formalized
Poli parties
- Conservatives lengthened murder sentence to 5 years
- Liberals extended to 10 years
