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crim 1100 > quiz #3 > Flashcards

quiz #3 Flashcards

1
Q

P/T ‘Inferior’ Court

A
  • lowest level
  • nearly all criminal cases begin and end here
  • administered by the P/T government
  • judges appointed by the P/T government
  • no jury trials
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2
Q

what cases are heart in P/T ‘Inferior’ courts?

A
  • Jurisdiction over majority of criminal offences
  • Exceptions: s. 469 indictable offences
  • Hear preliminary hearings in serious cases determine whether there is sufficient evidence to proceed to trial
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3
Q

P/T ‘Superior’ Courts

A
  • Administered by the P/T
  • Judges are appointed federally
  • Trials can involve judge alone or judge and jury
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4
Q

What cases are heard in P/T ‘Superior’ Courts?

A
  • Deals with the most serious criminal cases
  • Can hear criminal/civil appeals from the P/T inferior court.
  • Accused or crown formally request a change
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5
Q

P/T Court of Appeal

A
  • Highest court in the province
  • One court of Appeal in each P/T
  • Administered by the P/T
  • Judges are federally appointed
  • Panel of 3 or 5 judges
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6
Q

What cases are heard in P/T Court of Appeal?

A
  • Hears criminal appeals from inferior or superior P/T courts
  • Hears civil appeals from superior P/T courts
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7
Q

Appeal Process

A
  • the defense and Crown can appeal the decision
  • Appeal can be directed at the verdict or the sentence (or both)
  • Oral arguments made by lawyers for both
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8
Q

Supreme Court of Canada (SCC)

A
  • Final Court of Appeal [“court of last resort”]
  • Administered by the federal government; located in Ottawa
  • Panel of 9 judges
  • Judges are federally appointed
  • Hear written/oral arguments of lawyers
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9
Q

What cases are heard in the SCC?

A
  • Usually must be granted “leave to appeal.”
  • Cases that have national importance
  • Will also hear reference cases (legal opinion on an important legal question)
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10
Q

3 Classifications of Criminal Offences

A
  1. Summary Offences
  2. Indictable Offences
  3. Hybrid Offence
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11
Q

Summary Offences

A
  • Trials are always heard in P/T Inferior Court by a judge alone.
  • Charges must be laid within 12 months
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12
Q

Indictable Offences - 3 types

A
  1. Absolute (lowest level)
  2. Exclusive (judge & jury)
  3. Electable (accused has a choice)
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13
Q

Absolute Jurisdiction of P/T “Inferior” Courts

A
  • less serious indictable offence (e.g., theft under $5000)
  • Must be tried in P/T inferior court
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14
Q

Exclusive Jurisdictions of P/T “Superior” Courts

A
  • Most serious offence (e.g., murder)
  • Must be tried by a judge/jury in P/T superior court
  • Can request judge only
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15
Q

Electable Indictable Offences

A
  • All other indictable offences fall into this category.
  • Majority of indictable offences in Canada
  • Accused can choose to have the trial by a:
  • P/T Inferior Court without a Jury
  • P/T Superior Court without a Jury
  • P/T Superior Court with a jury (Only available if max sentence 5+ years)
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16
Q

Hybrid Offences

A

Allows prosecutors the discretion to decide to proceed with a case as a summary conviction or an indictable conviction

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17
Q

crown charge approval

A

crown counsel can decide:
- no charges should be laid
- charges should be laid (what the charges are)
- an alternative to the court process, like alternative measures

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18
Q

bail hearing

A

to determine whether the accused should be held in custody until trial or whether they should stay in the community (with or w/o conditions)

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19
Q

charge assessment guidelines

A
  1. Is there a substantial likelihood of conviction based on the evidence presented in the RCC?
  2. Is a prosecution in the public interest?
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20
Q

what are the 3 grounds for detention

A
  1. primary ground
  2. secondary ground
  3. tertiary ground
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21
Q

primary ground

A

detention is necessary to ensure attendance at court

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22
Q

secondary ground

A

detention is necessary to protect the public

23
Q

tertiary ground

A

detention is necessary to maintain confidence in the administration of justice

24
Q

pre-trial custody (remand)

A
  • if an accused is denied bail they are placed on remand
  • for every day the accused spends in remand they receive ‘1.5 days of time served’
25
Q

first appearance (initial appearance)

A
  • read out charges against accused
  • sometimes the arraignment will take place at first appearance
26
Q

arraignment

A

election
- if an electable indictable offence, an accused will be asked if they are ready to elect (where they want their case to be heard)

27
Q

not guilty/guilty plea

A
  • if elected superior court, they will enter guilty/not guilty plea at P/t superior court
  • otherwise, the accused will enter a guilty/not guilty plea
28
Q

arraignment, what next?

A
  • if accused pleads guilty = sentencing
  • if accused pleads not guilty = preliminary inquiry (sometimes) or trial
29
Q

preliminary inquiry

A
  • an offence that will be heard in P/T superior court (with or without a jury) there is the possibility of a preliminary inquiry
  • always takes place at P/T inferior court
30
Q

what is the purpose of preliminary inquiry

A

to determine if there is sufficient evidence to warrant a trial

31
Q

disclosure

A

crown should provide you with the evidence they will be presenting

32
Q

trial

A
  • crown will call witnesses to present their evidence
  • crown will question witnesses
  • defence can present their case
  • defence will question witness
33
Q

denunciation

A

ensuring that the punishment reflects society’s disapproval of the crime committed

34
Q

General Deterrence

A

Punishment intended to reduce the likelihood that members of society will engage in crime

35
Q

Specific Deterrence

A

Punishment intended to reduce the likelihood that the individual offender will engage in future crime

36
Q

Incapacitation

A

Protecting the public through incarceration and/or imposition if conditions to control the accused’s behaviour in the community

37
Q

Rehabilitation

A

To change the behaviour of an offender and to reconstitute them as a productive citizen

38
Q

Reparation

A

To repay, repair, or compensate the victim/community for their loss/harm

39
Q

Responsibility

A

For the offender to acknowledge the harm done to the victim/community

40
Q

Proportionality

A
  • Sentence must be proportionate to the gravity of the offence and the degree of the responsibility of the offender
  • The “punishment fits the crime”
41
Q

Aggravating Factors

A

characteristics of the offender/offence that are considered negative and result in an increase in punishment severity

42
Q

Mitigating Factors

A

characteristics of the offender that may mitigate some responsibility, which in turn, may decrease the punishment severity

43
Q

Parity

A

A sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances (look at case law)

44
Q

Concurrent sentences

A

Sentences are amalgamated and served simultaneously

45
Q

Consecutive sentences

A

Sentences that run separately and are completed one after the other

46
Q

principle of restraint

A
  • less restrictive sanctions
  • attention to the circumstances of Indigenous offenders
47
Q

Absolute Discharge

A
  • Offender is found guilty but technically not convicted
  • On criminal record for 1 year, then removed
48
Q

Conditional Discharge

A
  • Offender is found guilty but technically not convicted
  • Released with conditions that they must follow (1-3 years)
  • On criminal record for 3 years after successful completion of conditions
49
Q

Suspended Sentence

A
  • Offender is convicted. Imposition of sentence is suspended pending successful completion of probation conditions (1-3 years)
  • Results in a criminal record
50
Q

Fine

A
  • Offender must pay a specific amount of money within a specified time
  • Could face imprisonment for fine default
51
Q

Conditional sentence

A
  • Offender receives custody sentence (< 2 years) and is allowed to serve it in the community under supervision of a probation officer
52
Q

Intermittent Sentence

A
  • Custodial sentence served on a ‘part-time’ basis (usually weekends)
  • Max 90-day sentence
53
Q

Imprisonment

A
  • Offender is sentenced to a period of confinement
54
Q

what are the 8 sentencing principles

A
  • Absolute discharge
  • Conditional discharge
  • Suspended sentence
  • Fine
  • Probation
  • Conditional sentence
  • Intermittent sentence
  • Imprisonment

crim 1100 (4 decks)

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