Canadian Justice Final

Front 1

Criminal behavior is an offense against who?

Back 1

All society

Front 2

Police

Back 2

Society's peace keepers

Front 3

Prosecutors

Back 3

Society's court agents

Front 4

The 'Fair Trial' Process

Back 4

1. Presumed innocent
2. Onus on Crown
3. Accused has right to know case against them
4. To prove beyond a reasonable doubt

Front 5

The Charter

Back 5

A document intended to protect individuals from the government.

Front 6

Viva Voce Evidence

Back 6

An 'in person' witness (word of mouth).

Front 7

Hear Say Evidence

Back 7

A person tries to give evidence that they personally have no knowledge of.

Front 8

Accused Has A Right To Challenge All Evidence By:

Back 8

1. Cross-examining witnesses
2. Calling own witnesses to Crown's case
3. Accused is never forced to testify (right to remain silent)

Front 9

Crown Cross-examines Witnesses for:

Back 9

1. Observation
2. Memory
3. Truthfulness

Front 10

Adversarial System

Back 10

One system trying to discredit the other by lawful means (adversaries).

Front 11

Canadian Criminal Law

Back 11

1. Provincial
2. Municipal

Front 12

Provincial

Back 12

Quasi-criminal = 'offenses'

Front 13

Municipal

Back 13

By-law infractions

Front 14

True Criminal Offense

Back 14

Mens Rea Required

Front 15

Strict Liability Offense

Back 15

Mens rea can be proven by actus reus.

Front 16

Absolute Liability

Back 16

Actus reus is enough

Front 17

Severity of Crimes

Back 17

1. Summary
2. Indictable
3. Hybrid

Front 18

When can an accused be charged with an offense?

Back 18

Arrested or not arrested

Front 19

Appearance Notice

Back 19

If accused person is charged with summary, hybrid or indictable offense.

Front 20

Summons

Back 20

A court order requiring the accused to show up at court.

Front 21

Three Possibilities When Accused Is Arrested:

Back 21

1. Release from custody without bail hearing
2. Release from custody after bail hearing
3. No release from custody - stays in pending trial

Front 22

Arrest

Back 22

The interference with someone's freedom by preventing freedom of movement.

Front 23

Reasons For Arresting Someone

Back 23

Necessary to:
1. Identify someone believed to have committed an offense
2. Preserve evidence
3. Prevent the continuation of an offense or commission of additional offenses

Front 24

Limits On Arrest

Back 24

Everyone:
1. Presumed innocent until proven guilty
2. Has a right to a fair trial

Front 25

When Someone Can Be Arrested:

Back 25

1. With a warrant
2. Without a warrant

Front 26

Forthwith

Back 26

Right away

Front 27

Once an accused is arrested & taken into custody:

Back 27

1. Appearance Notice
2. Promise to Appear
3. Recognizance

Front 28

Promise to Appear

Back 28

Accused signs promising to show up in court.

Front 29

Recognizance

Back 29

Accused signs promising to show up in court & to pay a set charge if he/she fails to appear.

Front 30

Showing Cause

Back 30

Justifications for keeping accused in custody.

Front 31

Information

Back 31

Officially starts the court process in motion.

Front 32

Criminal Trial Issues

Back 32

1. Jury Trial or no Jury Trial
2. Mental Fitness to stand trial
3. Time Limits
4. Evidentiary Issues
5. Defenses

Front 33

Time Limits (Summary Conviction Offenses)

Back 33

Proceeding must be instituted no more than 6 months after incident.

Front 34

Time Limits (Indictable Offenses)

Back 34

No time limit on laying an indictable charge.

Front 35

Trial Evidence

Back 35

Comes through witnesses:
1. Oral Evidence
2. Exhibits/Documents they 'present' in court

Front 36

Automatism

Back 36

Common law defense - committing acts while in an unconscious or involuntary state.

Front 37

Sentencing Principles

Back 37

A sentence should be similar to sentences imposed in other cases.

Front 38

Verbal evidence may be ________; documentary evidence may be ________.

Back 38

Called
Filed

Front 39

Previous _________ ________ may be considered.

Back 39

Criminal Record

Front 40

Sentencing Options

Back 40

1. Jail time
2. Conditional Sentence
3. Suspended Sentence
4. Probation
5. Fines
6. Discharges
7. Restitution Order
8. Prohibition Order

Front 41

Max Penalty for Indictable Offense

Back 41

2, 5, 7, 10, 14 years or life

Front 42

Max Penalty for Summary Offense

Back 42

18 months

Front 43

Pretrial Custody

Back 43

When defendant has stayed in custody pending trial, that time is subtracted from any jail time received after trials.

Front 44

Consecutive Sentence

Back 44

Finish one sentence & start the next.

Front 45

Concurrent Sentence

Back 45

Offender serves both sentences at same time.

Front 46

Conditional Sentence

Back 46

1. Judge sentences less than 2 years
2. Judge can order sentence be served in community
3. Judge imposes many conditions

Front 47

Suspended Sentence

Back 47

1. Judge can suspend imposing jail time & release offender on probation instead
2. Offender can be sent to jail if violates probation

Front 48

Probation

Back 48

1. Can be combined with jail time less than 2 years
2. Max of 3 years
3. Can include 240 hours community service
4. Offender must behave & keep peace
5. Criminal hybrid offense if fails to comply

Front 49

Restitution Order

Back 49

Judge orders offender to pay compensation to victim for lost/damage property or bodily harm.

Front 50

Prohibition Order

Back 50

Judge must impose a 10 year ban on possessing weapon & judge may if offense violent & has max less than 10 years.

Front 51

Procedural Fairness/Natural Justice

Back 51

Common Law Principle

Front 52

Two Elements of Procedural Fairness/Natural Justice:

Back 52

1. Right to be heard & know case against them
2. Right to an impartial decision-maker