Steps in a Criminal Investigation and Trial Chapter 9 Flashcards
Investigation
Conducted by police after a crime is reported or witnessed
Some investigations are quick and straightforward; others are complex and lengthy
Laying a charge
If the police believe a crime was committed, they may lay a charge
Involves discretion based on:
Quality of information
Willingness of witnesses to appear in court
Harm caused by the crime
Deciding whether to prosecute
Crown counsel uses discretion to decide whether to proceed with prosecution
Two key questions:
Is there a reasonable likelihood of conviction?
Is it in the public’s interest to proceed?
Requiring the accused to attend court, entering a plea, and bail
Minor crimes often result in a “notice to appear”
Some accused may be detained until their court date if deemed a public safety risk
Detained individuals must appear before a judge/justice within 24 hours for a bail hearing
Bail can involve release without conditions, surety bail, or cash bail
Decision about the type of offence
Crown prosecutor decides the type of offence:
Indictable: Most serious, includes theft over $5000, break and enter, aggravated sexual assault, murder
Summary: Less serious, typically a $5000 fine or six months in jail
Hybrid: Can be summary or indictable; Crown decides the handling
Choice of trial court and election by the accused
Criminal trials held in provincial or superior courts based on offence seriousness
Trial election options:
Provincial court judge without a jury
Supreme court judge without a jury
Supreme court judge with a jury
Preliminary inquiry/hearing
Prosecution presents evidence of crime and sufficient grounds for believing the accused committed it
Defence can cross-examine witnesses and challenge evidence
Important for assessing case strength, witness credibility, and identifying weaknesses
Bill C-75 (Sept 19, 2019) limited preliminary inquiries to offences punishable by 14 years or more
Plea negotiations
Most cases resolve through plea negotiations (plea bargains/agreements)
Involves charge reduction/withdrawal and sentence recommendations, requiring judicial approval
Trial
Consists of opening statements, examination/cross-examination of witnesses, presentation of evidence, legal arguments, and closing arguments
The verdict
Court determines if Crown met the “beyond a reasonable doubt” standard
Possible outcomes: guilty, not guilty, or hung jury (new trial may be ordered)
Sentencing
Judge decides sentence, considering pre-sentence investigation reports, victim impact statements, sentencing guidelines, and plea negotiation recommendations
Appealing the verdict or sentence
Appeals aim to correct legal or procedural errors during the trial
Specific grounds must be identified (e.g., errors in law or its application, admission/exclusion of evidence)
Sentencing Options
Probation
Conditional Sentences
Custodial Sentences
Other
Probation
Most common sentence, involving community supervision with mandatory conditions (e.g., keeping peace, reporting to court)
Additional conditions may be imposed (e.g., curfew, weapons restriction, counseling)
Conditional Sentences
Jail sentence served in the community, with stringent conditions (e.g., house arrest)
Used when the offender is not deemed a community danger
