Week 7 - Juries Flashcards
Jury roll
A list of eligible jurors in a jurisdiction
“Veto” jurors without disclosing a reason
Peremptory challenges
Challenge for cause
Can get rid of jurors based on relevant facts ie: bias prejudice
3 factors of jury bias
- Eyewitness testimony - persuasive to jurors
- “Common sense” simply does not exist, only what people believe is true
- Influenced by characteristics ie: hair, race, gender etc
____________ is that your behaviour can change so you don’t offend anyone else instead of changing society
Rehabilitation
_____________ the idea that fear of punishment will stop potential offenders from committing crimes
Deterrence
General deterrence
Punishment of people in a public view - changing collective behaviour
Incapacitation
The idea that society would be best served by locking up threatening and antisocial offenders and forgetting about them
_________ ___________ is private punishment focus on the individual and trying to change individual behaviours
Specific deterrence
Selective incapacitation
Targets high risk recidivists(re-convicted criminal)
Three issues with long sentences
- Unnecessary for likely non-recidivists
- Being in prisión may create habitual criminality
- Inappropriate if offence posted is insignificant harm to the community
___________ _________ are prepared by probation officers for judges to help determine sentence (determines weather accused should be discharged)
Presentence reports
The idea that someone’s got to pay
Retribution
Explain judicial discretion
Canadian criminal justice association (CCJA) recommend that sentences are based on individual contextual factors relating to each offence
________ is a type of sentence that allows the convicted offender to serve two or more sentences simultaneously
Concurrent
Suspended sentences
Conviction is entered but the judge suspends the passing of a sentence for a fixed time, with or without a probation order
A convicted offender serves two or more sentences one after the other
Consecutive sentence
Name the 6 aggravating circumstances
- Offender was in trust/ authority over victim
- Offender has premeditation
- Force or weapon was used
- Victim experienced injury
- Valuable stolen property
- Vulnerable, disabled or aged person
What is a mitigating factor?
Factors that may give offenders a more lenient sentence
Ie: accused was acting in self defence
A type of report but a tool we should strive for. It’s is used for everyone that commits a crime so the judge can look at all the factors why person committed a crime
Gladue factor
Who resulted in a serious or guidelines for judges when considering suitable dispositions for indigenous offenders
R.V Gladue
An approach to crime that puts the emphasis on the wrong done to people and communities
Restorative justice
List the stakeholders of restorative justice
1- Hold offenders accountable
2- support victims in healing
3- support the safe reintegration of offenders in the community
When and where did the first drug court open?
First DRC opened in Toronto in 1998
Began in 1990 and addresses the fact unique dynamics in family violence such as reluctant witnesses
Domestic violence courts
Prison sentences served at designated times, usually weekends with offender residing in the community and only applies to people serving under 90 days
Intermittent sentences
Sentences meant to directly repair damage of an offender brought upon an individual or community
Community service
What is the max fine or a summary conviction??
$5000
Victim surcharge
Goes to support crime victims in that area
___________ ____________ is a fine that goes directly to the victim of the crime at hand to compensate losses
Restitution order
Alternative measures
Called diversion to cast a wider criminal justice net, by offering more possibilities for supervision
Stigmatizes and excludes individuals which creates a “cast of outcasts”
Ie: talking about people being arrested in the news
Distinctive shaming
Where and when did shaming ceremonies prove to work for offenders to the pain they have brought to victim community and society.
Japan 1993
Reintegrative shaming
Done through formal forgiveness or decertification ceremonies
