Short Answers/Long Answers

Question 1

Protect Society

Answer 1

removal of the convicted from society

Question 2

Rehabilitation

Answer 2

– offer programs and counselling

Question 3

Retribution

Answer 3

avenge the crime to fit with society’s morals & values

Question 4

Deterrence –

Answer 4

punishment that will sway people from committing crimes

Question 5

Restitution

Answer 5

pay back victim for losses suffered

Question 6

Denunciation

Answer 6

send message to society this crime will not be tolerated

Question 7

Explain 3 items that a judge will take into consideration when sentencing an individual found guilty of a crime.

Answer 7

• criminal code prescriptions
  
  • aggravating factors
  • mitigating factors
  • past sentences for similar crimes
  • victim impact statements

Question 8

Concurrent Sentences

Answer 8

– if an individual is convicted of more than one crime the sentences received run at the same time, in other words you only serve the longest of the multiple sentences received.

Question 9

Consecutive Sentences

Answer 9

– the multiple sentences received run one after the other (not at the same time).

Question 10

Probation

Answer 10

convicted offender is let into society with certain conditions\restrictions placed upon them.

Question 11

Absolute Discharge –

Answer 11

the individual is found guilty but is released with no conditions of criminal record

Question 12

Conditional Discharge

Answer 12

– the individual is found guilty but is released with no record as long as certain conditions are met

Question 13

Conditional Sentence

Answer 13

– a sentence served in the community e.g. house arrest

Question 14

Suspended Sentence –

Answer 14

convicted offender is let go but can be brought back for sentencing later if there are issues.

Question 15

Suspension of Privileges

Answer 15

– removal or suspension of licenses (driving, medical, teaching…)

Question 16

Intermittent Sentence –

Answer 16

jail time is served at nights, on weekends…for sentences of less than 90 days

Question 17

. Dangerous offender

Answer 17

– an individual convicted of a pattern of violent, aggressive behaviour lacking remorse and thought to be a “danger” to society and therefore do not qualify for statutory release – faces an indeterminate sentence

Question 18

Day Parole

Answer 18

allow the inmate to go to work, school during the day to prepare for eventual release.

Question 19

Full Parole –

Answer 19

released from prison and report to a parole officer.

Question 20

Statutory Release

Answer 20

release from prison barring further issues while incarcerated
after two-thirds of the sentence has been served

Question 21

BAL max. = .08

Answer 21

Warn range = .05 - .08 loss of license for 3, 7 or 30 days

Question 22

Can an individual be charged with impaired driving when they are not actually caught in the act of driving? Explain.

Answer 22

Yes – Care or Control – having care or control over a vehicle (simply sitting in driver’s seat, lying down in the car, standing by the car with keys in hand) .

Question 23

What are some of the penalties that an individual convicted of impaired driving can face?

Answer 23

Suspended Licences
Permanent loss of Licence
Vehicle impoundment
Alcohol treatment and Education programs (at own expense)

Question 24

Can an individual refuse to submit a breath sample to police? Explain.

Answer 24

Must submit – can be charged with refusal to submit to a breath test and have licence immediately suspended

Question 25

YCJA

Answer 25

Youth Criminal Justice Act – applies to individual aged 12-17 years

Question 26

Why are youths dealt with differently in the justice system?

Answer 26

They are thought not to have full adult capacity to form intent and understand what they are doing.

They may need a second chance – one incident should not ruin the rest of their lives.

Question 27

List the 5 main purposes of the YCJA.

Answer 27

i) Prevent crime by finding out what causes the criminal behaviour
ii) Provide rehabilitation to youths
iii) Provide proper reintegration into society
iv) Ensure that meaningful consequences are received
v) Promote the long – term protection of the public

Question 28

What is empanelling? List 4 items that must be true in order for an individual to be on a jury.

Answer 28

Empanelling – selecting the 12 jurors for trial

Jurors must:

Be Canadian citizens
Be at least 18 years of age
Have resided in the province for at least one year
Speak English or French
Be mentally fit to take on the responsibility

Question 29

Describe 3 reasons an eligible individual may be excused from jury duty.

Answer 29

A judge could excuse an individual from jury duty for reasons such as religious reasons, personal hardship issues, important plans (e.g. getting married

Question 30

Challenge For Cause

Answer 30

an individual that is not selected for the jury by the defence or prosecution because they do not meet the requirements necessary to be a juror on that particular case.

Question 31

Peremptory Challenge

Answer 31

individuals not selected for the jury for no given reason – there is a maximum of these that can be used (20 in a serious case) by the prosecution and the defence. ** The law regarding these was recently changed - no longer allowed **

Question 32

What does it mean for a jury to be sequestered? Explain.

Answer 32

A sequestered jury is one that is removed from external influences (not allowed to go home or communicate with others outside of the jury) so their decision is not impacted or biased by others outside of the court/jury.

Question 33

What is the most common defence used by people charged with a crime?

Answer 33

Denial

Question 34

Alibi

Answer 34

– the accused can place themselves at another location at the time of the crime.

Question 35

Automatism

Answer 35

accused was acting in a non-conscious manner when the act was committed

Question 36

NCR

Answer 36

Not Criminally Responsible – unable to understand the consequences of ones actions or that the actions were wrong due to mental health issues

Question 37

Intoxication

Answer 37

can be used to reduce a specific intent charge as 2nd degree murder to a general intent charge such as manslaughter

Question 38

Self-defence

Answer 38

the act was committed as it was necessary and reasonable to protect oneself

Question 39

Battered woman syndrome

Answer 39

a self-defence oriented defence that takes into consideration the mindset of a woman who has faced long-term abuse

Question 40

Necessity

Answer 40

the act was committed out of need as the results of not committing the wrongful act would be worse

Question 41

Duress

Answer 41

forced to commit the crime by others due to a real and extreme threat

Question 42

Entrapment

Answer 42

legal officials persuaded the individual to commit the illegal act that they otherwise would not have

Question 43

Provocation

Answer 43

the accused was severely provoked beyond what a regular person could handle and that caused them to act immediately in the illegal manner

Question 44

criminal trial in the order they would occur

Answer 44

1) Selection of Trial Type
2) Jury Selection
3) Crown’s Opening Statement
4) Direct Examination of Crown Witnesses
5) Cross-Examination of Crown Witnesses
6) Motion for Dismissal
7) Defence Opening Statement
8) Direct Examination of Defence Witnesses
9) Cross-Examination of Defence Witnesses
10) Rebuttal
11) Surrebuttal
12) Closing Arguments
13) Charges to the Jury
14) Verdict

Question 45

Leading Questions

Answer 45

A question that prompts or encourages the desired answer - not allowed in direct examination.

Question 46

Hearsay Evidence

Answer 46

Indirect evidence provided by a witness stating what others said - generally not admissible.

Question 47

Expert Opinion (by non-experts)

Answer 47

A witness provided expert opinion that they are not qualified to provide - not permitted.