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23 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is the role of crown counsel? |
Represents the crown (government) in court
Prosecuting criminal cases Negotiating pleas Recommending sentences
Responsibility for prosecution differs from provincial and federal levels |
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What's the provincial and federal difference in responsibilities for the crown counsels prosecution? |
Provincially-appointed: Criminal code offences Federally appointed: Other Federal statutes, such as controlled drugs and Substances Act |
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What are challenges of the Crown Council? |
Increasing workload
Prosecution of sensitive cases
Circuit Court work - little case preparation time
Cultural and language barriers |
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What is laying an information? |
A document that outlines the allegations of criminal law breaking
That's sworn before a justice of peace, usually by a police officer |
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What is an appearance notice? |
Gives court date and allegations.
Followed by laying an information |
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What are 3 circumstances where immediate release might not occur? |
The charge pertains to a serious indictable offence
The police have reasonable grounds to believe the person will not appear in court
The police have reasonable grounds to believe it is necessary in the public interest to detain the accused |
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What is judicial interim released (or bail)? |
The release of someone charged with a criminal offense pending a court appearance
by a judge or a Justice of the Peace |
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What is remand? |
The status of accused persons in custody awaiting trial |
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What are three different models of Legal Aid Services? |
Judicare Legal aid clinic Mixed |
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What is the judicare model of Legal Aid Services? |
Accused persons who qualify for Legal aid Certificate retain a private lawyer
Who bills the legal aid plan for services rendered Historically the most common |
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What is the legal aid clinic model of Legal Aid Services? |
Salaried lawyers provide services through a clinic.
Less expensive than judicare model. |
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What is the Mixed model of Legal Aid Services? |
Both private and legal aid staff lawyers provide Legal Services |
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What is plea bargaining? |
An arrangement where the accused pleads guilty In exchange for the promise of a benefit |
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What are advantages to a plea bargain? |
Saves time and money.
Reduces case backlog
Spares complainants from testifying.
Accused admits guilt
Doesn't compromise administration of justice
Get evidence to prosecute other co-defendants |
G.R.A.D.S.S |
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What are disadvantages to a plea bargain? |
Brings administration of Justice into disrepute
Subject to abuse
Convicts the innocent
Place pressure on defendants
Not open to public scrutiny |
B.S.C.P.N |
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What is a procedural defense? |
A defense strategy focused on the conduct of the police, prosecution, or the validity of the law itself |
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What are the four categories of procedural defenses? |
Challenging the validity of the applicable law
Challenging the validity of the prosecution
Contestings the admissibility of evidence gathered by police
Seeking a remedy for violation of a Charter right |
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What is stay of proceedings? |
An act by the Crown to terminate or suspend court proceedings after they have commenced |
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What is a Mega trial? |
Overwhelming cases that result for major tragedy or police enforcement initiatives
(E.g. Air India Trial or the hells angles) |
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What are the challenges of Mega trials? |
Multiple defendants Lengthy witness lists Thousands of pages or pieces of evidence Cost millions of dollars. |
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What causes case delay and backlog in the criminal courts? |
Lack of judicial resources
Ineffective use of resources
Too few judges.
Complexity of criminal cases.
Attempts by legal counsel and inmates to lengthen the period of remand for a two-for-credit in jail
Lawyers wanting certain judges |
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What are contributing factors to wrongful convictions? |
Tunnel vision police and Crown (the focus on the investigation was too narrow)
Mistaken eyewitness identification and testimony
False confessions
In custody informers
Defective expert Witnesses |
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What is a security certificates? |
A process where non Canadian citizens
Who are deemed to be a threat to the security of the country
Can be held without charge for an indefinite time |
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