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Intro to Canadian Justice Final

What starts the Criminal process?

Filing of an Information

What must police have to make an arrest?

Reasonable and probable grounds(RPG)

When can someone have a jury in criminal court?

When facing 5+ years in prison

What must decision be based on in criminal court?

Guilt beyond reasonable doubt(BYRD)

What must the crown disclose to the accused before criminal court?

Any information they plan to use(the right to know)

What elements must the crown prove to assign guilt?(criminal court)

All elements BYRD

When can leading questions be asked? (criminal court)

When the opposing counsel is cross examining

What kind of questions can a counsel ask its own witness? (criminal court)

Direct questions

What 4 ways is evidence challenged during cross examination? (criminal court)

1) Power of observation
2) Memory

3) Bias

4) Truthfulness

When is evidence replied?

When the crown feels a new issue was raised in the evidence

Who is an expert witness?

Someone with professional knowledge on the topic that gives opinion evidence.

When the crown cannot prove guilt BYRD what happens?

The accused is aquitted

When must a lawyer recuse themself? (criminal)

When they know their own witness is lying to the court

What is the actus reus?

The criminal action

What is mens rea?

The criminal intention

What 2 things must be proven for criminal charges?

1) Actus reus
2) Mens rea

what are the two catagories of mens rea?

General or Specific

What are the 3 classifications of criminal offences?

1) Summary
2) Hybrid

3) Indictment

What government deals with indictable offences?

Federal only

What are the options for getting accused to court without arrest?

Apperance notice
Summons

What must the police believe before chosing not to arrest?

They will show up for court
Their identity is not an issue

They will not continue the offence

They will not tamper with evidence

Can charges be changed or added on an apperance notice before the appear in court? (T/F)

True

What does the police NOT know about the accused when issuing a summons? (criminal)

Their whereabouts

What are the 3 options after arrest?

1) Release without bail hearing
2) Release after bail hearing

3) No release

What 4 things must be considered when deciding to arrest or not?

1) Identity of accused
2) Preservation of evidence

3) Prevention of continuing the crime

4) Ensure the accused will attend court

When is a warrant issued?

The accused can't be located or did not attend court

When preforming a citizens arrest one must do what?

Use no more force then reasonable

When is a citizen allowed to step in for a citizens arrest?

They witness a breach of the peace

What is a quasi criminal offence?

Provincial or municipal criminal charges

What are the 3 kinds of recognizance for release pending court date?

1) Recognizance: Failure to appear = $500 fine
2) Recognizance and undertaking: Accused must stay close and follow certain rules(ex. no drinking, report to police)

3) Recognizance and surety: Pledging assets as guarentee for court apperence

How long after arrest must a bail hearing take place?

24 hours

What are the 3 grounds the prosecuter must show cause for when trying to keep the accused in jail?

1) Primary grounds: Ensure accused attends court
2) Secondary grounds: Detention necessary for public saftey

3) Tertiary ground: Maintain confidence in adminstration of justice

What is the least onerous first rule? (criminal)

The judge must consider the possibility of release first

The accused can be denied bail without just cause (T/F)

False

what kind of criminal charge only requires the defence lawyers to be present in the first court apperance?

Summary

When is a bench warrant issued?

When the accused doesn't show

What are some reasons someone may not be on a jury?

Employed or educated in justice system
Personal relationship with any parties

Personal hardships(chronic illness, no child care, etc)

Someone in provincial court can request a jury (T/F)

False

Employers must give their staff time off to attend jury duty (T/F)

True

Who can challenge for cause? (criminal)

Judge

What percent of the jury must agree? (criminal)

100%

What is a hung jury?

A jury that cannot make a unanimous decision

What happens when there is a hung jury?

Trial is restarted

Everyone is presumed fit to stand trial (T/F)

True

What 3 questions are asked to determine mental fitness?

1) Can they understand court procedures?
2) Can they understand potential consequences?

3) Can they communicate with their lawyer and the counsel

Who can order a psychiatric assessment when determining mental fitness?

Judge

What happens if someone is deemed not mentally fit to stand trial?

Trial is adjourned

What are the time limits for trial of summary offences?

Federal: 12 months after incident
Provincial: 6 months after incident

What is the time limit for trial of indictable offences?

No time limit

What is the reason charges are stayed?

Delay because of R (ex. police investigation)

Something said by a lawyer can be entered as evidence (T/F)

False, it is an argument or submission

Witness can have notes on the stand (T/F) (criminal)

False

When is an objection made?

When the rules of evidence are violated

What does it mean when a judge sustains an objection?

They allow the objection and the opposing lawyer may not continue

What does it mean when a judge over-rules an objection?

Deny the objection and opposing lawyer may continue

What is hearsay evidence?

Out of court statement from a third party

When is hearsay evidence admissible?

1) The person is dying
2) It is against their interest

3) if it is alleged to be a statement from the accused

What must the defence counsel do if the crown has not proven all elements of the offence?

Raise reasonable doubt

What is an automatism defence?

Committing an offence while in an involuntary or unconcious state

When the defence council choses not to call a defence what may they argue instead?

The prosecuter has not proven all elements of the offence BYRD

Who sentences the accused?

Judge only

What are the 5 objectives of sentencing?

1) Deter
2) Seperate from society (offender)

3) Rehabiliation

4) Repair harm

5) Promote responsibility

What 3 things must a judge consider while sentencing?

1) Non-custodial sentences first
2) Least restrictive sactions

3) Degree of responsibility

What is a PSR?

pre sentencing report

What is gladue law?

Means the judge must consider non-custodial sentences specifically for Indigenous individuals

What 4 things MAY the judge consider during sentencing?

1) Vicitim impact statements
2) Relevent evidence

3) Prior convictions

4) Statments of the accused

What are the 8 sentencing options?

1) Jail time
2) Conditional sentencing

3) Suspended sentence

4) Probation

5) Fines

6) Discharge

7) Restitution order

8) Prohibition order

What are the options when someone is convicted of 2+ sentences?

Consecutive sentence: Finish one then start the next
Concurrent: Serve both sentences at the same time

What is a sentence called where the accused only has to serve on weekends or another schedule?

Intermittent setence

What kind of sentence has no end date?

Indeterminate sentence

When is an interminate sentence imposed?

Max sentence >10 years
Offender is a threat to life or saftey of others

What kind of sentence can involve someone serving it in the community

Conditional sentence

What kind of sentence allows people to be released on probation instead of jail time?

Suspended sentence and probation

Are fines used in criminal or civil court?

Criminal

In criminal court what is it called when the accused has to pay compensation to the vicitim?

Restitution Order

When can previous criminal records be considered by the judge?

Only during sentencing

What is the maximum fine an individual can recieve for summary offences?

$5000

What is the maximum fine an organization can recieve for summary offences?

$100,000

When is discharge granted by the judge?

When the offender is not convicted of the charge

7 Objectives of the judge

Denounce
Deter

Seperate

Assist in rehabilitation

Repair harm

Promote responsibility

Rehabilitate

When is a conditional sentence avaible?

when facing less than 2 years in prison

What is a sentence that is served on a set schedule? ex. weekends only

Intermittent

What are the types of deterrence?

General
Specific

What is the max jail penalty for summary offences?

2 years less a day

What is the minimum penalty for indictable offences?

No minimum

When the accused has been in custody pending trial the time spent in custody is subtracted from sentence. (T/F)

True

Detering the offender from recidivism is what kind of deterence?

Specific

What two principles does general and specific apply to?

1) Deterence
2) Mens Rea

The sentence should be _________ to the crime

Proportionate

Sentencing to prevent others from committing a crime is what type of deterence?

General

_______ _____ should be used to impose similar sentencing to similar cases

Common law

When are intermittent jail sentences avalible?

Sentence is <90 days

What is the minimum sentence for conditional sentencing

No minimum

What is the maximum fine an individual can recieve for indictable offences?

No limit

What can the offender request about fines?

A reasonable period to pay

What is the maximum potential sentence for the judge to allow discharge?

<14 years

What kind of sentence involves the offender not getting the charge on their criminal record?

Discharge

What kind of sentencing is often used for first time offenders, who are not a danger to society?

Discharge

When the offender is ordered to pay compensation to the victim, the victim may NOT request more compensation in civil court (T/F)

False

Proof of the mens rea is required for criminal charges (T/F)

True

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