the criminal court process

Question 1

jury trials must be unanimous, if not this results in a …

Answer 1

hung jury

Question 2

what are the factors that impede the ability to get reliable eye witness testimony?

Answer 2

• self-confidence (most are positive in what they saw)
• desire to make an identification (they want to help)
• social influence (co-witnesses talking to one another)
• faulty instruction (police undermine witnesses ability to provide reliable evidence)

Question 3

in show cause hearings the crown must hold the hearing within 24 hrs. Heresay evidence is accepted here

Answer 3

True and True

Question 4

why are plea agreements necessary?

Answer 4

they save the system time and money

Question 5

what are the 2 types of confessions of police interrogations?

Answer 5

coerced

• complaint coerced confessions: simply giving in to reduce the stress of the interrogation. also, they confess when they are lead to believe they will be given lesser sentence
• internal coerced confessions: person comes to believe they actually committed the crime.

voluntary

• confession to a crime that they did not commit

Question 6

a negative aspect of plea agreements is that victims are excluded

Answer 6

True

Question 7

why do plea agreements favor the state at the expense of the accused?

Answer 7

• judges ONLY required to ensure that person entering a guilty plea is doing so voluntarily
  
  • this is known as pre-comprehension inquiry
• judges do not need to go further than the pre-comprehension inquiry

Question 8

witnesses cannot render an opinion in. they are only permitted to testify based on their experience or observation

Answer 8

True

Question 9

what is a plea agreement?

Answer 9

the defence and the prosecution can negotiate a plea of guilty in exchange for some benefit

Question 10

what are the 3 types of plea agreements?

Answer 10

• charge bargaining
• sentence bargaining
• fact bargaining

Question 11

should the crown deny bail, they are required to show why release should be denied. this is the definition of …

Answer 11

show cause hearing

Question 12

when the crown has the option to pursue a hybrid offence as summary or indictable. this would be an example of charge bargaining

Answer 12

FALSE: this would be an example of sentence baragining

the only thing that changes is the sentence and not the charge

Question 13

in an indictable offence, the accused is tried in superior court with a jury unless both the accused and the judge waive the right to a jury trial

Answer 13

FALSE: the provincial attorney general and the accused partake in this, not the judge

Question 14

Individuals released on bail must abide by strict rules and may sometimes be required to forfeit a set amount of money if they fail to appear.

Answer 14

True

Question 15

what did locard do for forensic science

Answer 15

• director of the first crime lab
• known as the sherlock homes of france
• famous for the exchange principle

Question 16

what is the exchange principle? who coined the term?

Answer 16

if offender comes into contact of a crime scene, he will leave traces on the object

Locard

Question 17

what is one of the major concerns about plea agreements?

Answer 17

they are not subject to legislation or formal policies. Thus, plea agreements may be up to the discretion of the judge

Question 18

what does the ried technique do?

Answer 18

it is a movement toward peace: it is less confrontational and gets more complete and reliable information from ppl.

Question 19

describe sentence bargaining

Answer 19

• crown and defence coming together on an agreed recommendation
• someone pleading guilty to multiple offences asking to serve those sentences together rather than seperately
• involves hybrid offences
• crown has ability to pursue charges as summary or indictable

Question 20

admissibility of evidence is determined by … what does the definition mean?

Answer 20

voir dir

to speak the truth. done in a trial hearing that is separate from the trial itself.

Question 21

what is the criteria with regard to expert testimony?

Answer 21

Mohen criteria

• victims not allowed here
• relevant criteria -> cannot be prejudicial; judge may exclude cuz it may confuse the jury or create bias
• necessity criteria -> expert testimony must be outside the knowledge of the jury and judge
• exclusionary rules -> expert testimony cant be related to evidence already excluded​

Question 22

denial of judicial interim release can only be made on the following grounds:

Answer 22

1. to ensure that the accused attends court
2. to protect the public
3. to maintain confidence in the administration of justice

Question 23

who were the 2 important forensic scientists?

Answer 23

Bertillon and Locard

Question 24

describe what bertillon did for forensic science

Answer 24

• layed foundation for modern day forensic
• known for development of mug shots and crime scene photography
• first person to use a ruler to measure scale

Question 25

trial by juries are common

Answer 25

False

Question 26

if the crime in question is serious or the punishment is serious could likely result in the denial of judicial interim release which of the 3 reasons for bail denial would this be a part of?

Answer 26

True ## Footnote maintaining confidence in the administration of justice

Question 27

evidence must be relevant to the case to be considered admissible

Answer 27

True

Question 28

what are **electable offences**?

Answer 28

offences that permit the accused to choose their mode of trail

Question 29

define **jury nulification.** list 2 examples

Answer 29

the jury disregards the law and finds the accused not guilty even if the facts support the finding of guilt example 1): Morgentaller -\> committed several abortions example 2): nillification of certain drug offences

Question 30

in sentence bargaining, the accused can agree to plea guilty to 1 of the multiple offences committed

Answer 30

FALSE: this would fall under _charge bargaining_

Question 31

what is an example of charge bargaining?

Answer 31

Manslaughter because it is a **lesser** but **included** offence of murder

Question 32

what are the 3 types of evidence?

Answer 32

real * physical tangiable evidence -\> murder weapon documentary * emails, letters, videos, ect testimonial * oral statements made to the court by witnesses

Question 33

what is a **preliminary inquiry?** what court is it done in?

Answer 33

determines whether there is sufficient evidence to proceed to trial. it does NOT determine if someone is guilty or not, rather it determines if the case _has merit_

Question 34

what did munsterberg have to say about eyewitness testimony and false confessions?

Answer 34

* 2 ppl witnessing a crime will have different memory and accounts of the event * false confessions motivated by **fear** even though they are innocent, the evidence may be enough to convict them * ppl can be motivated by **fatigue** -\> the more police question, the more it wears you down which can lead you to confess to something you didnt do

Question 35

who is responsible for ensuring that the Jury meets the criteria?

Answer 35

crown prosecutor

Question 36

plea agreements are binding and the judge is required to accept the plea from the crown

Answer 36

False: they are not binding

Question 37

what are the requirements of juries?

Answer 37

That they are **impartial, competent, and representative**

Question 38

what is an **expert testimony?**

Answer 38

expert knowledge that would shed knowledge to the case. EG: psychologists, psychiatrists, ect

Question 39

what is the **mode of trial**?

Answer 39

where and how cases are heard

Question 40

what are the 2 ways of removing someone from the jury? describe them

Answer 40

**for cause** * the belief that the person is incapable of being impartial **peremptory challenge** * allows either side to refuse juror without explanation (limited to challenges based on seriousness)

Question 41

who is the founder of forensic psychology? describe his findings

Answer 41

Munsterberg * focused on the study of **eye witness testimony** and **false confessions**

Question 42

only less serious offences can result in being granted bail

Answer 42

FALSE: all types of offences are elegible for bail