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SOCI Final Flashcards

1
Q

What did McFarlane discover regarding self representation?

A

That self-representation occurred in 80% of al family court cases, and 60% of all civil court cases

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2
Q

Why do people choose self representation?

A

Because of the cost, and the belief that information is available online

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3
Q

How is a jury selected?

A

“Random selection” a list is drawn up and those that are qualified are summoned to court

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4
Q

When is legal aid available?

A

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

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5
Q

What happens when legal aid fails?

A

People are consigned to assistance from counsels or clinics

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6
Q

What is the “burden of the court” hypothesis?

A

Suggest that Canadians who self represent place a burden on the court system

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7
Q

What are two ways they justify “burden of the court”?

A

The prosecution and the judge are forced to assist the defendant
Self-represented defendants slow down the court process

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8
Q

What did the research by Meredith, Nuffield into the “burden of the courts” conclude?

A

That it did not find a burden on the courts, rather they came that there was an additional burden on the accused

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9
Q

How many courts systems are there in Canada?

A

13 provincial/territorial and one 1 federal
14 in total

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10
Q

What province has a unified superior court?

A

Nunavut

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11
Q

What are the provincial, territorial and supreme courts responsible for?

A

The provincial and territorial government are responsible for cases within their boundaries whereas the supreme court has jurisdiction over the whole country

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12
Q

When does a supreme court not have control?

A

When the justice minister takes over

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13
Q

What are problem solving courts?

A

focused on underlying problems, interagency, and accountability

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14
Q

Where is self-representation common in regards to the specialized courts?

A

Administration of justice

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15
Q

What is the percentage of administration of justice in regards to the specialized courts?

A

23%

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16
Q

How many cases the supreme court of Canada handle per year?

A

65-80 cases per year

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17
Q

How do the supreme court create criminal justice policies? 2

A

Judicial review (concluding whether a law is constitutional or not)
Their authority to interpret the law

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18
Q

What do the lower and higher courts include?

A

The lower courts include the provincial courts, which hear summary convictions
The higher courts include hear indictable offences

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19
Q

What is the standard of proof for a criminal conviction?

A

Proof beyond reasonable doubt

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20
Q

What happens if guilt cannot be proven?

A

Canadian judges or juries must acquit a defendant even if they think that he or she is probably guilty

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21
Q

What is the only proof you need before a criminal trial?

A

The only proof required is probable cause

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22
Q

In most criminal cases what does the accused plea?

A

Guilty

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23
Q

What is the defense lawyer’s key role?

A

Is to ensure that the clients rights are protected

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24
Q

What is the main duty of a crown prosecutor?

A

Is to enforce the law and maintain justice

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25
Q

Why do crown prosecutors face role conflicts?

A

Because of the pressure to successfully convict

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26
Q

What did Gomme and Hall (1995) find?

A

That crown prosecutes 6-10 trials per day

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27
Q

What is the start of the criminal trial?

A

The adjudication stage

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28
Q

What does Thomas (2004) argue in regards to superior courts? %

A

That only 2% of the cases are heard at the superior court level

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29
Q

What happens during the preliminary hearing of cases involving indictable offences?

A

The accused enters a general plea

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30
Q

What is a plea bargain?

A

Any agreement between the accused to plead guilty in return for some benefit

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31
Q

What is increasingly common in the administration of justice?

A

Self-representation

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32
Q

What are the three main actors in the criminal justice system?

A

The judge, prosecutor, and the defense lawyer

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33
Q

What is the main points in the Lorena Bobbitt case?

A

Cut her husbands penis off
She claimed that he was being abusive
She was acquitted
His penis was reattached

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34
Q

When was the charter of rights and freedoms enacted?

A

April 7th,1982

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35
Q

What are the three things that the charter reinforced?

A

Fair trial
Protection of due process rights
Freedom from cruel and unusual punishment

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36
Q

What does section 10 of the charter state?

A

The rights of the accused when detained

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37
Q

What does Habeus corpus mean?

A

Unlawful detention assessment

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38
Q

What does Section 15 of the charter state

A

Equality rights (freedom of discrimination)

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39
Q

What has the Supreme court said in regards to the principles of fundamental justice?

A

That the principles of fundamental justice are broader than the rights defined in the charter

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40
Q

Define Corpus delecti

A

The body of crime

41
Q

Regarding corpus delicti what does causation mean?

A

you have to prove causation caused harm

42
Q

What is the meaning of excuse defenses?

A

When they can prove that they did not form intent

43
Q

What are 5 examples of excuse defenses?

A

Age
Mental disorders
Automatism
Mistakes of fact
Mistakes of the law

44
Q

What are five justification defenses?

A

Duress
Necessity
Self-defense
Provocation
Entrapment

45
Q

Define duress

A

An individual did not act voluntarily but acts in response to the threats from another person

46
Q

Who are excuse and justification defenses meant for?

A

The accused

47
Q

What does Automatism mean?

A

That you did not have control over yourself when committing the crime if your sleepwalking or having a mental break

48
Q

What is the relation between indigenous people and juries?

A

In many provinces indigenous people are not allowed to be in juries

49
Q

What is the purpose of the prosecutor during the trial?

A

To prove the guilt of the accused

50
Q

When is it appropriate to confront a accuser?

A

Heresay (second-hand information)
Child sexual assault cases

51
Q

What section of the charter provides rights of an individual are protected?

A

Section 7

52
Q

When would publication bans be implemented?

A

sexual assault, youth cases, and where fairness of trials is put at risk

53
Q

Is trickery and deceit allowed to be used by the prosecutors?

A

No

54
Q

How many witnesses can the prosecution call on?

A

5 expert witnesses

55
Q

Does the defense have the right to cross examine witnesses?

A

Yes

56
Q

Who is allowed to appeal the verdict?

A

Both the defense and prosecution

57
Q

What do judges rely on when deciding the fate of any given criminals?

A

On pre-sentencing reports created by probation officers

58
Q

How often are pre sentencing reports used in serious crimes?

A

61%

59
Q

What did Hagan and Boldt find in regards to pre sentencing reports?

A

That judges used the pre sentencing reports in about 80% of of all cases

60
Q

What did Roberts find on the rational of sentencing?

A

The opinions about sentencing in the US,UK, and Canada revealed that people thought punishments were not harsh enough

61
Q

Can employment record help or worsen a sentencing?

A

Yes if someone has a good employment it may lead to a lessened sentence and visa versa

62
Q

What are the three factors that govern the judges?

A
  • 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
63
Q

Where does drunk driving take up 30% of all crimes

A

PEI

64
Q

How many people convicted of a crime are put on probation?

A

45% the highest percentage

65
Q

When are sentencing circles usually used on?

A

Property offences

66
Q

What are four issues in sentencing?

A
  1. Disparity
  2. Courthouse norms
  3. Sentencing discrimination
  4. Public opinion
67
Q

What are the six rationales of sentencing?

A
  1. Deterrence
  2. Selective incapacitation
  3. Rehabilitation
  4. The justice model
  5. Restoration
  6. Healing
68
Q

What is the “Truth-in-sentencing” law?

A

Requires a person to serve at least 85% of their sentence

69
Q

(T/F) Police officers that are aware of the tougher laws are less likely to actually arrest people under those charges

A

True

70
Q

Mandatory minimum sentences= Less of police who arrest people for those charges

A

True

71
Q

What does the Canada bar association say in relation to Mandatory Minimum Sentences?

A

The law limits a judges discretion to apply the fairest sentence, as well as the fear of being caught be a form of deterrence

72
Q

Is there a systematic record of the number of wrongful convictions?

A

No

73
Q

What is Huff estimation of wrongful convictions?

A

0.5% of all felony convictions were incorrect, for every 1,000 people convicted 5 are normally innocent

74
Q

What is the most common error of wrongful conviction?

A

Eyewitness error

75
Q

Dr. Charles Smith

A
76
Q

Name three reasons for wrongful convictions?

A

Eyewitness error
Forensic error
Overzealous or unethical police and prosecutor

77
Q

What did Scheck et al, argued that wrongful convictions resulted from?

A

He argued that 63% of wrongful convictions were the result of a dysfunctional crown “culture”

78
Q

What is the equivalent to presumptive sentencing?

A

Sentencing guidelines

79
Q

What is presumptive sentencing?

A

The range of minimum and max penalties for any given convict

80
Q

Why did they eliminate judicial discretion in regards to presumptive sentencing?

A

Because the decisions are based only on the severity of the crime and the prior record of the accused

81
Q

What is the 4 purposes of presumptive sentencing?

A
  1. Uniformity
  2. Neutrality
  3. Truth
  4. Control
82
Q

What did Miethe and Moore argue about presumptive sentencing?

A
  • 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
83
Q

When and why were victim impact statements implemented?

A

In the 1980s to recognize the rights of the victims

84
Q

What do critics of victim participation say?

A

That it challenges the adversarial system
Pressures judges
Decreases court efficiency
Vindictiveness

85
Q

When is victim participation most helpful?

A

In sexual assault and abuse cases

86
Q

What is the Magna Carta?

A

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

87
Q

What did the R v Askov trial determine?

A

A trial within a reasonable amount of time, the accused didn’t get charged because it took too long section 11

88
Q

What did the R v Ewanchuk determine?

A

That no means no talked on the issue of no defense for implied sexual consent

89
Q

What is battered woman syndrome and what type of justification is it under?

A

Cases were woman are in a abusive relationship, and she must kill her husband first and its under duress

90
Q

What does entrapment mean?

A

When police persuade an individual to carry out an offence that they would have not done originally

91
Q

What did R v Stinchome declare?

A

That all evidence must be disclosed to the defense

92
Q

What are Starlight tours?

A

When the police will pick someone up and drive them to the edge of the city instead of bringing them to the station

93
Q

How many police shooting in Alberta were investigated? How many police officers were arrested?

A

71 shootings and one got arrested

94
Q

What is charge bargaining?

A

a reduction of the charge to a lesser or included offence Hybrid

95
Q

What does rehabilitation mean?

A

The process of re-educating and restraining those who commit a crime

96
Q

What is deterrence?

A

Uses the punishment of another offender as a warning to potential offenders

97
Q

What is the selective incapacitation?

A

Involves the incarceration of offenders predicted to be at a high risk of future offending

98
Q

What is the justice model?

A

Punishment should fit the crime, they owe us a debt

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