SOCI Final Flashcards
What did McFarlane discover regarding self representation?
That self-representation occurred in 80% of al family court cases, and 60% of all civil court cases
Why do people choose self representation?
Because of the cost, and the belief that information is available online
How is a jury selected?
“Random selection” a list is drawn up and those that are qualified are summoned to court
When is legal aid available?
It is available only in cases where there is a likelihood of imprisonment or or the loss of livelihood, you have to prove you are eligible
What happens when legal aid fails?
People are consigned to assistance from counsels or clinics
What is the “burden of the court” hypothesis?
Suggest that Canadians who self represent place a burden on the court system
What are two ways they justify “burden of the court”?
The prosecution and the judge are forced to assist the defendant
Self-represented defendants slow down the court process
What did the research by Meredith, Nuffield into the “burden of the courts” conclude?
That it did not find a burden on the courts, rather they came that there was an additional burden on the accused
How many courts systems are there in Canada?
13 provincial/territorial and one 1 federal
14 in total
What province has a unified superior court?
Nunavut
What are the provincial, territorial and supreme courts responsible for?
The provincial and territorial government are responsible for cases within their boundaries whereas the supreme court has jurisdiction over the whole country
When does a supreme court not have control?
When the justice minister takes over
What are problem solving courts?
focused on underlying problems, interagency, and accountability
Where is self-representation common in regards to the specialized courts?
Administration of justice
What is the percentage of administration of justice in regards to the specialized courts?
23%
How many cases the supreme court of Canada handle per year?
65-80 cases per year
How do the supreme court create criminal justice policies? 2
Judicial review (concluding whether a law is constitutional or not)
Their authority to interpret the law
What do the lower and higher courts include?
The lower courts include the provincial courts, which hear summary convictions
The higher courts include hear indictable offences
What is the standard of proof for a criminal conviction?
Proof beyond reasonable doubt
What happens if guilt cannot be proven?
Canadian judges or juries must acquit a defendant even if they think that he or she is probably guilty
What is the only proof you need before a criminal trial?
The only proof required is probable cause
In most criminal cases what does the accused plea?
Guilty
What is the defense lawyer’s key role?
Is to ensure that the clients rights are protected
What is the main duty of a crown prosecutor?
Is to enforce the law and maintain justice
Why do crown prosecutors face role conflicts?
Because of the pressure to successfully convict
What did Gomme and Hall (1995) find?
That crown prosecutes 6-10 trials per day
What is the start of the criminal trial?
The adjudication stage
What does Thomas (2004) argue in regards to superior courts? %
That only 2% of the cases are heard at the superior court level
What happens during the preliminary hearing of cases involving indictable offences?
The accused enters a general plea
What is a plea bargain?
Any agreement between the accused to plead guilty in return for some benefit
What is increasingly common in the administration of justice?
Self-representation
What are the three main actors in the criminal justice system?
The judge, prosecutor, and the defense lawyer
What is the main points in the Lorena Bobbitt case?
Cut her husbands penis off
She claimed that he was being abusive
She was acquitted
His penis was reattached
When was the charter of rights and freedoms enacted?
April 7th,1982
What are the three things that the charter reinforced?
Fair trial
Protection of due process rights
Freedom from cruel and unusual punishment
What does section 10 of the charter state?
The rights of the accused when detained
What does Habeus corpus mean?
Unlawful detention assessment
What does Section 15 of the charter state
Equality rights (freedom of discrimination)
What has the Supreme court said in regards to the principles of fundamental justice?
That the principles of fundamental justice are broader than the rights defined in the charter
Define Corpus delecti
The body of crime
Regarding corpus delicti what does causation mean?
you have to prove causation caused harm
What is the meaning of excuse defenses?
When they can prove that they did not form intent
What are 5 examples of excuse defenses?
Age
Mental disorders
Automatism
Mistakes of fact
Mistakes of the law
What are five justification defenses?
Duress
Necessity
Self-defense
Provocation
Entrapment
Define duress
An individual did not act voluntarily but acts in response to the threats from another person
Who are excuse and justification defenses meant for?
The accused
What does Automatism mean?
That you did not have control over yourself when committing the crime if your sleepwalking or having a mental break
What is the relation between indigenous people and juries?
In many provinces indigenous people are not allowed to be in juries
What is the purpose of the prosecutor during the trial?
To prove the guilt of the accused
When is it appropriate to confront a accuser?
Heresay (second-hand information)
Child sexual assault cases
What section of the charter provides rights of an individual are protected?
Section 7
When would publication bans be implemented?
sexual assault, youth cases, and where fairness of trials is put at risk
Is trickery and deceit allowed to be used by the prosecutors?
No
How many witnesses can the prosecution call on?
5 expert witnesses
Does the defense have the right to cross examine witnesses?
Yes
Who is allowed to appeal the verdict?
Both the defense and prosecution
What do judges rely on when deciding the fate of any given criminals?
On pre-sentencing reports created by probation officers
How often are pre sentencing reports used in serious crimes?
61%
What did Hagan and Boldt find in regards to pre sentencing reports?
That judges used the pre sentencing reports in about 80% of of all cases
What did Roberts find on the rational of sentencing?
The opinions about sentencing in the US,UK, and Canada revealed that people thought punishments were not harsh enough
Can employment record help or worsen a sentencing?
Yes if someone has a good employment it may lead to a lessened sentence and visa versa
What are the three factors that govern the judges?
- The direction given in the statutes
- Rules and principles that offer guidance to the judges as to which dispositions should be used
- The personal characteristics of the judge
Where does drunk driving take up 30% of all crimes
PEI
How many people convicted of a crime are put on probation?
45% the highest percentage
When are sentencing circles usually used on?
Property offences
What are four issues in sentencing?
- Disparity
- Courthouse norms
- Sentencing discrimination
- Public opinion
What are the six rationales of sentencing?
- Deterrence
- Selective incapacitation
- Rehabilitation
- The justice model
- Restoration
- Healing
What is the “Truth-in-sentencing” law?
Requires a person to serve at least 85% of their sentence
(T/F) Police officers that are aware of the tougher laws are less likely to actually arrest people under those charges
True
Mandatory minimum sentences= Less of police who arrest people for those charges
True
What does the Canada bar association say in relation to Mandatory Minimum Sentences?
The law limits a judges discretion to apply the fairest sentence, as well as the fear of being caught be a form of deterrence
Is there a systematic record of the number of wrongful convictions?
No
What is Huff estimation of wrongful convictions?
0.5% of all felony convictions were incorrect, for every 1,000 people convicted 5 are normally innocent
What is the most common error of wrongful conviction?
Eyewitness error
Dr. Charles Smith
Name three reasons for wrongful convictions?
Eyewitness error
Forensic error
Overzealous or unethical police and prosecutor
What did Scheck et al, argued that wrongful convictions resulted from?
He argued that 63% of wrongful convictions were the result of a dysfunctional crown “culture”
What is the equivalent to presumptive sentencing?
Sentencing guidelines
What is presumptive sentencing?
The range of minimum and max penalties for any given convict
Why did they eliminate judicial discretion in regards to presumptive sentencing?
Because the decisions are based only on the severity of the crime and the prior record of the accused
What is the 4 purposes of presumptive sentencing?
- Uniformity
- Neutrality
- Truth
- Control
What did Miethe and Moore argue about presumptive sentencing?
- That it reduced judicial discretion and disparity
- Created a shift from property offenders to violent offenders being placed in prison
- Influenced judges and prosecutors to “bend” the rules by altering their charging and plea practices
When and why were victim impact statements implemented?
In the 1980s to recognize the rights of the victims
What do critics of victim participation say?
That it challenges the adversarial system
Pressures judges
Decreases court efficiency
Vindictiveness
When is victim participation most helpful?
In sexual assault and abuse cases
What is the Magna Carta?
Written in 1215, established that everyone even the king was subject to the law and that all free men have the right to justice and a free trial
What did the R v Askov trial determine?
A trial within a reasonable amount of time, the accused didn’t get charged because it took too long section 11
What did the R v Ewanchuk determine?
That no means no talked on the issue of no defense for implied sexual consent
What is battered woman syndrome and what type of justification is it under?
Cases were woman are in a abusive relationship, and she must kill her husband first and its under duress
What does entrapment mean?
When police persuade an individual to carry out an offence that they would have not done originally
What did R v Stinchome declare?
That all evidence must be disclosed to the defense
What are Starlight tours?
When the police will pick someone up and drive them to the edge of the city instead of bringing them to the station
How many police shooting in Alberta were investigated? How many police officers were arrested?
71 shootings and one got arrested
What is charge bargaining?
a reduction of the charge to a lesser or included offence Hybrid
What does rehabilitation mean?
The process of re-educating and restraining those who commit a crime
What is deterrence?
Uses the punishment of another offender as a warning to potential offenders
What is the selective incapacitation?
Involves the incarceration of offenders predicted to be at a high risk of future offending
What is the justice model?
Punishment should fit the crime, they owe us a debt
