test 2 Flashcards
What is an arrest warrant?
will be issued if there are reasonable grounds to believe that it is necessary
When can authorities arrest without a warrant?
- 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
What is a surety?
a relational equivalent of a bail bondsman
What is a bail hearing?
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”
what does reverse onus mean?
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
What are the grounds for pre-trial detention?
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
What is remand?
The process of keeping a person who has been arrested in custody, awaiting trial or a bail decision
What is pre-trial decision?
making arrest procedures (bail decision, pre-trial release conditions)
What is prosecutor screening?
decisions to proceed or dismiss charges
What is plea bargaining?
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
describe the adversarial system
- 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
list some benefits of the adversarial system
- clear division of roles and responsibilities
- system is designed to hear evidence from both sides
list some limitations of the adversarial system
- trials are very long and expensive, puts pressure on court system
- as a result, opposing sides often cooperate in order to promote system efficiency
Describe the inquisitorial system
judge assumes the role of investigating the crime
list the types of plea bargaining and describe them
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
list some benefits of plea bargaining
- makes court more efficient
- lower cost
- reduces the backlog of cases
list some issues with plea bargaining
- no guidelines, subject to abuse
- is a closed process
- puts pressure on defendants to plead guilty
What are the mechanics of wrongful convictions?
1) cognitive biases
2) unreliable evidence
3) Environmental factors
4) Role of justice system actors
What are some immediate causes of wrongful convictions?
- eyewitness misidentification
- unreliable scientific evidence
- false confessions
- criminals as witnesses
What does the term “tunnel vision” refer to?
An overly narrow focus on a particular theory
List some reason to why a person in pre-trial detention may feel pressured to plead guilty
- 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
List the criminal trial procedures
- pre-trial decision making
- prosecutor screening
- the plea
- the preliminary hearing
- the criminal trial
- the appeals process
How many jurors are in a jury
12
What kind of cases are usually trialed by a jury
criminal cases
What are the requirements to be a jury
- 18 years of age
- resident of Manitoba
Which people are excluded from jury
- members of parliament
- legal professionals
- criminal justice agents
in jury selection, jurors can be challenged through….
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
What does the term “Voir Dire” mean?
when potential interviewers are screened and excluded
Who is Helen betty Osborne?
- killed in the pas in 1971
- no indigenous representation on jury
- defense used peremptory challenges to exclude indigenous people from jury
What are aggravating factors?
factors of a crime or life circumstances of the accused which may lead to a more serious sentence
What are mitigating factors?
factors of a crime or life circumstances that may permit the judge to allocate a less severe sentence
