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13 Cards in this Set
- Front
- Back
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What can reliability be used for? How can you impeach testimony? |
A party will want to undermine the confidence a trier of fact has in the witness's reliability (witness's ability to observe, remember, and communicate) Through cross exam (most common), previous inconsistent statements, and contradictory evidence from other witnesses |
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What is the collateral facts rule? |
Limits the calling of additional evidence to contradict evidence on an issue that is not before the court -- examiner will be stuck with an answer, even if it's a lie, because the issue is not relevant to a charge |
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What is present memory revived? What is past recollection recorded? What is corroboration? What does corroboration need to be? |
Witness revives actual memories/details of an incident Witness recalls the words made in a statement, but not the incident itself Evidence that supports or confirms other evidence -needs to be independent and confirm a particular fact that is specific to the matter before the court and implicate the accused |
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What are the steps to prepare and conduct a sentencing hearing? (13) |
1. Determine qualification for diversion 2. Determine available sentence 3. Determine Crown's position on sentence 4. Determine appropriate range for sentence 5. Review ss720-729 of the Criminal Code regarding procedure and evidence 6. Consider mitigating/aggravating factors 7. Consider whether to order a pre-sentence report 8. Consider how to deal with victim impact statements 9. Prepare client for sentencing hearing 10. Prepare evidence on sentencing 11. Consider preparation of case books and supporting documentation 12. Conduct the sentencing hearing 13. Deal with post-sentencing matters |
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When determining available sentence, what are some things to consider? (5) When determining the Crown's position on the sentence, what should you consider? |
1. Maximum/minimum sentences 2. Alternative measures 3. Probation 4. Fines 5. Place of sentence Whether there is anything the client could do to soften Crown's position and whether a delay of hearing would be advantageous to the client |
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What sources are used to determine the appropriate range of a sentence? What should you prepare for the judge? |
Weekly criminal bulletins, Legal Aid LAW memoranda, sentencing digests, the Internet A casebook with complete texts of cases used |
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In reviewing the Criminal Code for procedure, what should be considered? What is a mitigating factor? What is an aggravating factor? |
Pre-sentence report, victim impact statements, submission on facts, offender's statement A factor that will help the accused's sentence to be considered shorter A factor that is harmful to the accused when determining sentence (will entice judge to make sentence longer) |
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What are some examples of mitigating factors? What are some examples of aggravating factors? |
Early plea of guilt, pre-trial custody, loss of employment, youth, absence of a record, time gap since last offence, full restitution was made, Aboriginal/visible minority Similar offence on record, pattern of escalating criminal behaviour, weapon was used, abuse of alcohol/drugs, motivated by racial/sexual prejudice, victim was a stranger |
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What is considered when thinking of ordering a pre-sentence report? With victim impact statements, counsel is best advised to have it inputted in what way? |
Whether positive witnesses are available, how client will respond to probation officer Best advised to have the report filed instead of requiring viva voce evidence |
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What are some ways to prepare a client for a sentencing hearing? |
Make sure client understands minimum/maximum penalties, obtain names and interview witnesses who could provide character evidence, consider what orders will be sought from client (DNA), check the impact of client's need to travel, prepare evidence, prepare casebook |
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During the sentencing hearing, one should address the areas of ____________? (5) In dealing with post-sentencing matters, what should be considered? |
1. Why the offence occurred 2. What steps have been taken to diminish conduct 3. General deterrence 4. Specific deterrence 5. Prospects for rehabilitation Parole eligibility, applications for pardon, possibility of appeal, issues dealing with property/forfeiture |
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In an offer to settle, what must be set out? What are cost consequences dependent on? What is a disbursement? What is the maximum amount claimed for preparation of plaintiff's/defense claim? Maximum amount for serving documents? |
The specific terms of the settlement When offer to settle comes into play Miscellaneous expenses other than lawyer fees and court costs which paid on behalf of another person and for which reimbursement will eventually be demanded $100 $60 |
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What is the maximum amount for a self-represented litigant to be awarded? An offer, an acceptance, and a notice of withdrawal must be __________? An offer may be made at any time, and will stay open until _______? |
$500 as compensation for inconvenience In writing! Two minutes into the trial |
