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SOC 327 > the criminal court process > Flashcards

the criminal court process Flashcards

1
Q

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

A

hung jury

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2
Q

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

A
  • 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)
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3
Q

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

A

True and True

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4
Q

why are plea agreements necessary?

A

they save the system time and money

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5
Q

what are the 2 types of confessions of police interrogations?

A

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
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6
Q

a negative aspect of plea agreements is that victims are excluded

A

True

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7
Q

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

A
  • 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
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8
Q

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

A

True

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9
Q

what is a plea agreement?

A

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

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10
Q

what are the 3 types of plea agreements?

A
  • charge bargaining
  • sentence bargaining
  • fact bargaining
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11
Q

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

A

show cause hearing

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12
Q

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

A

FALSE: this would be an example of sentence baragining

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

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13
Q

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

A

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

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14
Q

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.

A

True

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15
Q

what did locard do for forensic science

A
  • director of the first crime lab
  • known as the sherlock homes of france
  • famous for the exchange principle
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16
Q

what is the exchange principle? who coined the term?

A

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

Locard

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17
Q

what is one of the major concerns about plea agreements?

A

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

18
Q

what does the ried technique do?

A

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

19
Q

describe sentence bargaining

A
  • 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
20
Q

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

A

voir dir

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

21
Q

what is the criteria with regard to expert testimony?

A

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​
22
Q

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

A
  1. to ensure that the accused attends court
  2. to protect the public
  3. to maintain confidence in the administration of justice
23
Q

who were the 2 important forensic scientists?

A

Bertillon and Locard

24
Q

describe what bertillon did for forensic science

A
  • 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
25
Q

trial by juries are common

A

False

26
Q

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?

A

True

maintaining confidence in the administration of justice

27
Q

evidence must be relevant to the case to be considered admissible

A

True

28
Q

what are electable offences?

A

offences that permit the accused to choose their mode of trail

29
Q

define jury nulification. list 2 examples

A

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

30
Q

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

A

FALSE: this would fall under charge bargaining

31
Q

what is an example of charge bargaining?

A

Manslaughter because it is a lesser but included offence of murder

32
Q

what are the 3 types of evidence?

A

real

  • physical tangiable evidence -> murder weapon

documentary

  • emails, letters, videos, ect

testimonial

  • oral statements made to the court by witnesses
33
Q

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

A

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

34
Q

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

A
  • 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
35
Q

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

A

crown prosecutor

36
Q

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

A

False: they are not binding

37
Q

what are the requirements of juries?

A

That they are impartial, competent, and representative

38
Q

what is an expert testimony?

A

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

39
Q

what is the mode of trial?

A

where and how cases are heard

40
Q

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

A

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)
41
Q

who is the founder of forensic psychology? describe his findings

A

Munsterberg

  • focused on the study of eye witness testimony and false confessions
42
Q

only less serious offences can result in being granted bail

A

FALSE: all types of offences are elegible for bail

SOC 327 (17 decks)

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