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
Proof of the mens rea is required for strict liability offences (T/F)
False, only the actus reus
What protects individuals from extercise of power from the government?
Canadian charter of rights and freedoms
The accused must always testify in court (T/F)
False, the accused is never forced to testify
What is the very first step of the criminal process?
Anyone reporting the issue to police
The accused can request a jury for their provincial criminal court trial (T/F)
False, you can only request a jury for indictable offences which only goes through federal court
What are the four main evidentiary objections?
1) Relevance
2) Leading witness
3) Opinion evidence
4) Hearsay evidence
Verbal entery of evidence is called what?
Viva voce evidence
Documents entered as evidence are called what?
Exhibits