test 2

Question 1

What is an arrest warrant?

Answer 1

will be issued if there are reasonable grounds to believe that it is necessary

Question 2

When can authorities arrest without a warrant?

Answer 2

• a person that has committed an indictable offense
• a person who they find committing a criminal offence
• a person in respect of whom they have reasonable grounds to believe that a warrant of arrest is in force within the territorial jurisdiction

Question 3

What is a surety?

Answer 3

a relational equivalent of a bail bondsman

Question 4

What is a bail hearing?

Answer 4

A court hearing to determine whether the accused should be released or held in custody awaiting trial. Also referred to as a “Show cause hearing”

Question 5

what does reverse onus mean?

Answer 5

if a person is accused of committing a criminal offence then they must be able to prove why they are not guilty, rather than the government (prosecutor) proving that the person did commit the crime

Question 6

What are the grounds for pre-trial detention?

Answer 6

1) Detention is necessary to secure the attendance of the accused in court
2) Detention is necessary for the protection or safety of the public
3) Detention is necessary to maintain confidence in the administration of justice

Question 7

What is remand?

Answer 7

The process of keeping a person who has been arrested in custody, awaiting trial or a bail decision

Question 8

What is pre-trial decision?

Answer 8

making arrest procedures (bail decision, pre-trial release conditions)

Question 9

What is prosecutor screening?

Answer 9

decisions to proceed or dismiss charges

Question 10

What is plea bargaining?

Answer 10

an agreement by the accused to plead guilty in return for the prosecutors agreeing to take or refrain from taking a particular course of action

Question 11

describe the adversarial system

Answer 11

• both parties (police/prosecution on one side and accused on the other) hope to “win the case”
• trial is heard by impartial fact finders, who determine the guilt or innocence of the accused
• the judge ensures that proper legal procedures are followed

Question 12

list some benefits of the adversarial system

Answer 12

• clear division of roles and responsibilities

- system is designed to hear evidence from both sides

Question 13

list some limitations of the adversarial system

Answer 13

• trials are very long and expensive, puts pressure on court system
• as a result, opposing sides often cooperate in order to promote system efficiency

Question 14

Describe the inquisitorial system

Answer 14

judge assumes the role of investigating the crime

Question 15

list the types of plea bargaining and describe them

Answer 15

1) charge bargaining; negotiate for a reduction of charge
2) sentence bargaining; the crown and defense join together to lessen a charge
3) fact bargaining; the crown promises not to mention a certain circumstance to the judge

Question 16

list some benefits of plea bargaining

Answer 16

• makes court more efficient
• lower cost
• reduces the backlog of cases

Question 17

list some issues with plea bargaining

Answer 17

• no guidelines, subject to abuse
• is a closed process
• puts pressure on defendants to plead guilty

Question 18

What are the mechanics of wrongful convictions?

Answer 18

1) cognitive biases
2) unreliable evidence
3) Environmental factors
4) Role of justice system actors

Question 19

What are some immediate causes of wrongful convictions?

Answer 19

• eyewitness misidentification
• unreliable scientific evidence
• false confessions
• criminals as witnesses

Question 20

What does the term “tunnel vision” refer to?

Answer 20

An overly narrow focus on a particular theory

Question 21

List some reason to why a person in pre-trial detention may feel pressured to plead guilty

Answer 21

• the sentence for the crime they plead guilty to may not involve incarceration-
• they do not want to do “dead time” (time in prison without being sentenced)
• they may receive ‘time served’ if they plead guilty and thus be immediately released from jail

Question 22

List the criminal trial procedures

Answer 22

• pre-trial decision making
• prosecutor screening
• the plea
• the preliminary hearing
• the criminal trial
• the appeals process

Question 23

How many jurors are in a jury

Answer 23

12

Question 24

What kind of cases are usually trialed by a jury

Answer 24

criminal cases

Question 25

What are the requirements to be a jury

Answer 25

• 18 years of age

- resident of Manitoba

Question 26

Which people are excluded from jury

Answer 26

• members of parliament
• legal professionals
• criminal justice agents

Question 27

in jury selection, jurors can be challenged through….

Answer 27

1) peremptory challenges; a defendants objection to a proposed jury, without need to give a reason
2) challenge for cause; a request that a potential juror is dismissed because they believe there to be a reason for them to be unfair or biased

Question 28

What does the term “Voir Dire” mean?

Answer 28

when potential interviewers are screened and excluded

Question 29

Who is Helen betty Osborne?

Answer 29

• killed in the pas in 1971
• no indigenous representation on jury
• defense used peremptory challenges to exclude indigenous people from jury

Question 30

What are aggravating factors?

Answer 30

factors of a crime or life circumstances of the accused which may lead to a more serious sentence

Question 31

What are mitigating factors?

Answer 31

factors of a crime or life circumstances that may permit the judge to allocate a less severe sentence