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109 Cards in this Set
- Front
- Back
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Adversarial system |
the legal system oflaw in which two or more opposingsides present their case in court |
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Participants of the court room |
- Judges ("Bench", "Court"& SC "Justices") - Crown attorney - Defend gov/society
- Defence Counsel - Defend accused - Court clerk - Keeps record + handles evidence - Court recorder - Records proceedings - Sheriff - aids crown
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Stay of proceedings |
Notion which can stop the trialuntil further action is taken --> Often by defence |
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Empanelling |
Selection of a jury |
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Process of jury selection (Empanelling)
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1) Creation of list of people living in area 2) Selection committee randomly picks 75-100 3) Summoned by sheriff |
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Who is eligible for jury duty? |
- Canadian citizens - 18 years of age - Resident for at least 1year - Speak either English or French - Mentally fit |
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Exceptions for jury duty |
-Member of Gov. or law -Doctors -Visually, mentally, physically impaired -Served jury within 2-3 yrs -Convicted indictable offence |
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Challenge for cause |
Formal objection to a prospective juror for specific reasons |
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Peremptory challenge |
Formal objection to a potential juror for no specific reason |
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Each side is allowed a set number of peremptory challenges based on the charge:
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- Very serious charges - 20 - Penalty five years or more - 12 - Under five years - 4 |
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Every juror must swear on a ____ before the court |
Oath - a promise that something is true |
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Sequester |
To keep jury isolated until it reaches a verdict |
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Arraignment |
Charge read to the accused and the plea entered (Opening of trial) |
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Verdict |
Final decision ofa trial (for example, not guilty) |
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Direct evidence |
Straight forward and showing fact
ex: eyewitness about event in question |
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Examination-in-chief |
Direct questions a lawyer asks hisown witness in court (1st questioning ofyour witness) |
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Cross examination |
Questionsa lawyer asks a witness of opposing side |
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Circumstantial evidence |
Indirectevidence not based on personalknowledge |
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Leading question |
Question containing the desired answer |
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Directed verdict |
Judgewithdraws case bc notguilty -->Crown didn't prove case |
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Subpoena |
Court doc ordering person to appearin court |
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Steps in presenting evidence in court |
1. Crown- examination-in-chief of witness. 2. Defence may cross-examine 3. Crown may re-examine 4. Defence may re-cross-examine (judge’s perm.) 5. Defence presents evidence 6. Crownmay cross-examine 7. Defence may re-examine witness 8. Crown may make a rebuttal 9. Defence may make a surrebuttal. |
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Credibility |
Fact ofbeing believable or reliable |
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Perjury |
Act of knowinglygiving false evidence (in proceeding) |
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Voir dire |
Type of mini-trial within an actual trial to decide ifcertain evidence is admissible |
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Self-incrimination |
Act ofimplicating oneself in a crime |
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Contempt of court |
Offence of being disrespectful towards a court of law and its officers (ex: rude or not following court order) |
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Affirmation |
Declaration allowed to those who object to taking an oath *Same legal effect as an oath but without religious implications |
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Adverse witness |
Witness of the opposing party |
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Dominant party |
j |
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Evidence: Privileged communication |
Confidential communication that cannot be disclosed *Admissible only if to do w abuse, violence, sex or minors or |
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Evidence: Hearsay evidence |
(Telephone) Info not coming from direct, personal experience or knowledgeof the witness
*Not admissible Exception: - if claimer has died
- if witness if quoting dying person |
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Evidence: Opinion evidence |
Info based on thoughts of witness, usually an expert *Admissible Exception: not relevant and expert not qualified |
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Evidence: Similar fact evidence |
Shows accused has committedsimilar offences in the past *Admissible Exception: not relevant |
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Evidence: Character evidence |
Info indicating likelihood of accused to commit or not *Not admissible Exception: support the accused’s credibility |
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Evidence: Photographs |
*Admissible Exception: Shocking for jury |
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Evidence: Electronic devices & Video devices |
*Admissible Exception: - Criminal code not strictly followed - No warrant - 1 party doesn't consent |
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Evidence: Confessions -Inculpatory -Exculpatory |
Inculpatory: Admit guilt (Admissible) Exception: Received involuntarily, not told rights Exculpatory: Denial (Admissible) |
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Evidence: Polygraph |
Inadmissible* (Hearsay) |
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Evidence: Illegally obtained |
Inadmissible* Exception: - Not affect reputation of justice syst. - severity of the offence - how it was committed and obtained
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Defence: Alibi |
To protect accused was not at scene of crime |
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Defence: Self defence
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Defend yourself or others under your protection *Unless a fight (both consent) |
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Defence: The use of protecting property |
Stop their from entering or taking property *Do not strike |
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Defence: Necessity |
No other alternative Ex: Starving themselves in cold - seek shelter (survival) |
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Defence: Excusable conduct |
Provocation Duress (Threat/force) Honest mistake (Onus on crown) |
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Defence: Mental fitness at time of offence |
Accused always pressured innocent and sane
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Defence: Intoxication |
Type of non-insane automatism (Unconscious) - Only for specific intent (NOT general) |
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Defence: Automatism |
Unconscious /involuntary behaviour Non-insane automatism = Physical blow, hypoglycaemia, sleepwalking, intoxication, trauma Insane automatism = mental disorder |
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Defence: Consent |
Injured consented w accused! ex: sports -> Never be w firearms, murder, sexual offences (- 14yrs) |
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Defence: Entrapment |
Encouragement of police to commit |
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Defence: Mistake of fact |
Ignorance of facts is accepted ex: not knowing something was stolen when bought |
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Defence: Double jeopardy |
To be tried twice for same offence |
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Reaching a verdict : 1 Summation |
(after witnesses) Summary of all key arguments and evidence |
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Reaching a verdict : 2 Charge to the jury |
Judge gives instructions to jury |
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Reaching a verdict : 3 Jury deliberation |
Jury leaves court (in custody of sheriff) - Must discard unbelievable evidence, put more weight on remainder |
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Jury's role = Hung jury = |
determine facts of case not a unanimous decision |
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Sentencing objectives: |
Deterrence (Discourage from committing -Punishments) --------Specific (Indiv.) Gen (Society) Rehabilitation (Treatment) Retribution (Pay back) Segregation (Prison) |
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Proportionality in sentencing |
Severity of punishment must reflect harm committed |
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Absolute Discharge |
Releasewithout conditions, with nocriminal record |
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Conditional discharge |
Release w terms, which, if successfully completed, results in no criminalrecord
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Probation |
Punishment allowing offender to live in community under conditions andsupervision Maybe plus... -fines -sentences less than 2yrs |
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Suspended sentence |
Punishment that is not carried out if offender follows conditions (Postponed)
Exception: Not given if there is mandatory minimum sentence
*Criminal record kept + Parole? (up to 3 yrs)
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If a sentence is less than two years w no minimum sentence, the judge may impose a ___________ |
conditional sentence |
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Conditional sentence |
less than 2 yrs served in community with terms
(House arrest)
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Intermittent sentence |
Prison sentence for -90 days
(Can be served on weekends and night) |
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Suspension of privileges |
Sentence that withholds a privilege for a specified period or a lifetime Ex: withholding a licence |
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Peace bond |
order from court for person to keep the peace and be on good behaviour for some time (up to 12 months) |
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Deportation |
anyone who is not a Canadian citizen and commits an indictable offence in Canada can be deported |
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Community service order (CSO) |
Judge sentences working for a local organization or gov project |
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Criminal injuries compensation fund |
Allow public $ to compensate anyone injured in a crime |
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Criminal injuries compensation fund 5 types covered: |
-Lost pay -Pain -Med. bills -Loss of income if victims dies (ex:Funeral) - Child support for offspring of sex. assault |
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Victim impact statement |
a statement made by victim describes the effect of offence |
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Pre-sentence report |
a document about the accused’s background, used for sentencing |
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Long-term offender (LTO) Dangerous offender |
Criminal who repeatedly behaves in a way that could cause serious harm + likely reoffend Serious risk topublic due to repetitivebehaviour *(Indeterminate sentence) |
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Restorative justice |
Emphasizes forgiveness and community involvement (W Crimes) |
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Healing circle |
Process to resolve conflicts between offender and victim |
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Releasing circle |
Meeting to plan for successful return of offender (In society) |
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Statutory release (exception?) When granted? Duration? |
Release required by law (no serving life or indeterminate sentence) -After 2/3 of sentence -Until completion |
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Day parole When granted? Duration? |
Temporary release w conditions - Before full parole - Daily; return to halfway house |
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Full parole When granted? Duration? |
Complete release w conditions and supervision - After 1/3 of sentence (or seven years) -Until completion |
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Sentencing circle |
Process of bringing affected people together to helpdecide an offender’s punishment |
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Royal Prerogative of Mercy |
Right to revoke a fine or prison sentence or issue a pardon (excused of crime) **Fed gov |
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Accelerated review |
Parole board review of an offender’s eligibility after 1/3 of the sentence |
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Temporary absence based on?
types: |
All eligible for temporary escorted or unescorted release based on medical or humanitarian grounds
-rehabilitation programs -medical treatment -family events |
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Victim assistant fund |
Financial fund which helps victims, fam, witness with effects of crime |
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Mandatory minimum sentence |
Minimum punishment imposed by law |
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Incarceration |
imprisonment or confinement |
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Recidivism |
Recommitting crimes |
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Reparations |
Repayment for harm done to victims & community ( alternatives to imprisonment ) |
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Mitigating factors |
Demonstrate the punishment should be less severe |
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Aggravating factors |
Demonstrate the punishment should be more severe |
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Diversion program |
Sentence that keeps offenders out of prison |
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Suspension |
Sentence removing a privilege ex: driving |
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Fine option program |
credit for doing community work instead of paying a fine |
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The offender is usually kept in_________
for jail sentence of: -/30 days 30days - 2yrs 2yrs/+ |
the local detention centre
provincial prison/reformatory
federal penitentiary
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Concurrent sentence |
a penalty for two or more offences, served at the same time |
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Consecutive sentence |
Penalty for two or more offences, served one after the other |
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Principle of totality |
Rule to ensure that a fair sentence is given |
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Ombudsman |
a government official appointed to hear and investigate complaints made against the government |
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Appellant |
party who requests appeal (review) in a higher court |
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Respondent |
in an appeal, the party who opposes the action sought by the appellant |
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Community correctional facility= Correctional services= |
Centres with less security w work, education |
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Closed custody |
Most secure form of detention in a prison, which is under constant guard
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Open custody |
detention that is supervised and allows some supervised access to the community
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Bonding insurance |
Guarantees the honesty of who handles $ or other valuables
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Faint hope clause |
reconsideration of parole eligibility for an offender sentenced to at least 15 years in prison
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Parole |
Release of inmate into society before full sentence is served
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Correctional services are responsible for: |
incarcerating offenders
parole applications probation services |
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Escorted absences
Unescortedabsences
When granted? Duration? |
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E: Any time *5–15 days*
UnE: After 1/6 of sentence (or 6 yrs) greater
*2 days(med security) or 3 days in min security* |
