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34 Cards in this Set
- Front
- Back
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What is the Crown's charge approval standard? |
There is a substantial likelihood of conviction |
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What is Right to Full Disclosure? |
Defences right to know everything that is "Relevant" (Anything reasonably useful)
That is in the Crowns possession and control |
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What is Third Party Disclosure? |
Accused convinces judge by affidavit that the information is "Likely Relevant" to their case
Judge decides if they can reasonably be used by the defence |
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What are summary offenses? |
Least serious offenses
5,000 fine and/or 6 months
Information laid within 6 months |
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What is a hybrid offense? |
Crown decides if summary or indictable
If indictment, then accuse has an election |
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What are the 3 courts an accused may elect for there trial? |
Provincial Lower Court Judge (18 months presumptively unreadsonable) Superior Court Judge, (30 months) Superior Court Judge, with jury |
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What are section 553 offenses? |
Contains indictable and summary conviction offences
Must be prosecuted in Provincial Lower Court (no election) |
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Where can Non-Hybrid Indictable Offences be prosecuted? |
Can elect to be prosecuted at Superior Court or Provincial Court
Unless its S. 469 (murder) |
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Where can Section 469 Indictable Offences be prosecuted? |
Must be prosecuted at the Superior Court and decided by a jury
Unless crown and Defence agree otherwise
Judge can overrule decision |
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What is a Preliminary Inquiry? |
Provincial Lower Court hearing to ensure sufficient evidence to justify
Putting accused on trial for serious indictable offence |
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What is the test for preliminary inquiries? |
Has the Crown presented some evidence on each of the material elements of the offense
A Properly Instructed Jury Could Convict |
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What are the Benefits of a Preliminary Inquiry? |
Accused can cross-examine Witnesses
Inconsistent evidence with preliminary inquiry evidence, shows lying under oath |
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What are Preliminary Inquiries limited to? |
Restricted to life in prison cases |
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What is Voir Dire? |
Determining the admissibility of evidence
Keeps the jury from being exposed to inadmissible or Unduly Prejudiced evidence |
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What are the Roles of a Jury? |
Fact Finder Apply the law Determine verdict
Must have 5 years or more for jury |
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What are rules to choosing Jury Members? |
Must be random and representative
Must make reasonable effort |
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What are two types of bias behavior from a jury? |
Attitudinal: community bias
Behavioral: jury cant let go of attitude
Judge determines if there's a Realistic Potential for bias |
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What is Spousal Communication Privilege? |
Communications made between spouses are not compellable to disclose |
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How does the Crown Introduce records of Spousal Communication into Evidence? |
Get communication for 'Its Truth' for hearsay rule to apply
The communication protects marital harmony and
Prevents indignity from spousal incrimination |
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How must a spousal communication privilege of non-disclosure be asserted? |
In front of the jury |
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What are the rules about asking leading questions? |
Defense can ask leading questions
Crown can only ask who, what, where, why, and when questions |
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What are the rules around evidence of a sexual assault? |
If no physical evidence to support allegation,
The trial becomes a Credability Contest |
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In sexual assault cases, what is the rule of questions of Sexual Repetition? |
Questions are prohibited
To challenge or support The credibility and likelihood of consent |
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What is a two-step procedure for bringing sexual reputation as evidence? |
Step 1: likely relevant Step 2: voir dire |
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How does a young person 'swear an oath'? |
Able to understand and respond to questions
Promise to tell the truth |
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When is video tape evidence admitted? |
Under 18 when made Made within reasonable time Adopts contents of video while testifying |
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What is solicitor-client privilege? |
Anything a client tells their lawyer Cannot be revealed without clients permission |
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What are 3 exceptions for solicitor-client privilege? |
Tells about a crime they plan to commit
Reveals a threat to Public Safety
Innocents-at-stake: prove someones innocence |
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Should there be religious communication privileges? (Adele Gruenke) |
Admissibility determined by a case-by-case basis Wigmore test |
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Why didn't Gruenke pass the Wigmore test? |
Didn't pass the first stage Understanding of non-disclosure |
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What is the exception for police Informer privilege? |
Innocence at stake exception Judge order enough information be released or stay of proceedings |
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What is the Rule Against Hearsay? |
Out of Court statements tendered for The Truth of their contents are inadmissible |
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What is the class base exceptions to the rule against hearsay? |
Dying or spontaneous declaration |
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What is the principle exception to the rule against hearsay? |
If it is reliable and necessary |
