Podcast
Questions and Answers
What is the main focus of the Justice Models discussed?
What is the main focus of the Justice Models discussed?
- Reintegration into society
- Restitution and reconciliation
- Punishment proportionate to the crime (correct)
- Shaming the offender
What is the primary focus of the Rehabilitation model?
What is the primary focus of the Rehabilitation model?
- Restitution and reconciliation
- Alternative to jail
- Individual treatment to address causes (correct)
- Public exposure of the offender
What is a key aspect of Restorative Justice for minor crimes?
What is a key aspect of Restorative Justice for minor crimes?
- Voluntary for offender and victim (correct)
- Public exposure of the offender
- Designed to shame the offender
- Public statement by the victim
What is a key principle of Indigenous Justice?
What is a key principle of Indigenous Justice?
What is a feature of Youth Justice under the Youth Criminal Justice Act (YCJA)?
What is a feature of Youth Justice under the Youth Criminal Justice Act (YCJA)?
What is the goal of the Rehabilitation model?
What is the goal of the Rehabilitation model?
What is the main emphasis of Restorative Justice?
What is the main emphasis of Restorative Justice?
What is a key aspect of Indigenous Justice based on principles of restorative justice?
What is a key aspect of Indigenous Justice based on principles of restorative justice?
The Youth Criminal Justice Act (YCJA) emphasizes which of the following in addressing youth crime?
The Youth Criminal Justice Act (YCJA) emphasizes which of the following in addressing youth crime?
What is the primary goal of Alternative Measures for young offenders?
What is the primary goal of Alternative Measures for young offenders?
At a bail hearing, the onus is always on the ____________ to prove why the accused should be held in custody.
At a bail hearing, the onus is always on the ____________ to prove why the accused should be held in custody.
What is generally required to search a person, place, or thing?
What is generally required to search a person, place, or thing?
What is considered the intrusion of a government representative into an individual’s privacy?
What is considered the intrusion of a government representative into an individual’s privacy?
Who may obtain a search warrant by swearing an Information before a Justice of the Peace or Judge?
Who may obtain a search warrant by swearing an Information before a Justice of the Peace or Judge?
What does 'fresh pursuit / hot pursuit' refer to?
What does 'fresh pursuit / hot pursuit' refer to?
What does 'search incident to arrest' give police officers the authority to do?
What does 'search incident to arrest' give police officers the authority to do?
Where is the authority for 'search incident to arrest' found?
Where is the authority for 'search incident to arrest' found?
What is the purpose of 'search incident to arrest'?
What is the purpose of 'search incident to arrest'?
What is the main emphasis of Restorative Justice?
What is the main emphasis of Restorative Justice?
What is the primary focus of the Rehabilitation model?
What is the primary focus of the Rehabilitation model?
What rights does everyone have on arrest or detention according to s. 10 CCRF?
What rights does everyone have on arrest or detention according to s. 10 CCRF?
What must be the connection between the detained person and the crime during investigative detention?
What must be the connection between the detained person and the crime during investigative detention?
What is the standard required for an arrest to result in a conviction?
What is the standard required for an arrest to result in a conviction?
Under what circumstances can a peace officer make an arrest without a warrant according to s. 495(1) Criminal Code?
Under what circumstances can a peace officer make an arrest without a warrant according to s. 495(1) Criminal Code?
A police officer is able to enter a dwelling house, without a search warrant, to prevent bodily harm or death. This is referred to as:
A police officer is able to enter a dwelling house, without a search warrant, to prevent bodily harm or death. This is referred to as:
A police officer is legally in a dwelling house and inadvertently discovers goods that could prove a charge. The officer may seize the goods without a warrant. T or F
A police officer is legally in a dwelling house and inadvertently discovers goods that could prove a charge. The officer may seize the goods without a warrant. T or F
Criminal offences include all federal offences that are:
Criminal offences include all federal offences that are:
Treason, piracy and murder are considered:
Treason, piracy and murder are considered:
Fraud, theft and possession are considered:
Fraud, theft and possession are considered:
Absolute jurisdiction offences will be heard by a provincial court judge alone. T or F
Absolute jurisdiction offences will be heard by a provincial court judge alone. T or F
Other than upon initial arrest, eligibility for legal aid generally considers the individual's income, assets and number of dependents. T or F
Other than upon initial arrest, eligibility for legal aid generally considers the individual's income, assets and number of dependents. T or F
A joint submission for a plea bargain is made between the Crown and Judge. T or F
A joint submission for a plea bargain is made between the Crown and Judge. T or F
What is the burden of proof for the Crown in a bail hearing?
What is the burden of proof for the Crown in a bail hearing?
Under what circumstances does 'reverse onus' place the burden on the accused?
Under what circumstances does 'reverse onus' place the burden on the accused?
When can police enter a dwelling in 'fresh pursuit'?
When can police enter a dwelling in 'fresh pursuit'?
What is the purpose of 'search incident to arrest'?
What is the purpose of 'search incident to arrest'?
When is informed consent required for consent searches?
When is informed consent required for consent searches?
Under what circumstances does the doctrine of plain view allow police to seize illegal objects without a warrant?
Under what circumstances does the doctrine of plain view allow police to seize illegal objects without a warrant?
What is the purpose of Legal Aid in the criminal justice system?
What is the purpose of Legal Aid in the criminal justice system?
How are criminal offenses classified?
How are criminal offenses classified?
When are preliminary hearings requested?
When are preliminary hearings requested?
What is the primary purpose of the Bail Reform Act?
What is the primary purpose of the Bail Reform Act?
What do trial procedures vary based on?
What do trial procedures vary based on?
What is the primary focus of the doctrine of 'search and seizure'?
What is the primary focus of the doctrine of 'search and seizure'?
Who can lay an Information before a justice of the peace, if they have reasonable grounds, do it in writing and under oath?
Who can lay an Information before a justice of the peace, if they have reasonable grounds, do it in writing and under oath?
What does 'reverse onus' mean in the context of the criminal justice system?
What does 'reverse onus' mean in the context of the criminal justice system?
What is the component of the criminal justice system that handles 'the system of convicted offenders'?
What is the component of the criminal justice system that handles 'the system of convicted offenders'?
What happens during an arraignment in the criminal justice system?
What happens during an arraignment in the criminal justice system?
During a trial, who provides instructions to the jury and defines the crime and burden of proof?
During a trial, who provides instructions to the jury and defines the crime and burden of proof?
What type of evidence includes tangible exhibits, such as weapons or documents?
What type of evidence includes tangible exhibits, such as weapons or documents?
What is the primary goal of the Crown during closing arguments in a trial?
What is the primary goal of the Crown during closing arguments in a trial?
What must the Crown prove to secure a conviction in a judge-alone trial?
What must the Crown prove to secure a conviction in a judge-alone trial?
What can appeals be made on within a specified time limit?
What can appeals be made on within a specified time limit?
What influences future decisions in the legal system?
What influences future decisions in the legal system?
What is the term for a verdict where the jury is unable to reach a unanimous decision?
What is the term for a verdict where the jury is unable to reach a unanimous decision?
What type of evidence includes eyewitness testimony?
What type of evidence includes eyewitness testimony?
What is the term for the right of the accused to choose not to testify during a trial?
What is the term for the right of the accused to choose not to testify during a trial?
Who determines the rules of evidence to ensure impartiality during a trial?
Who determines the rules of evidence to ensure impartiality during a trial?
What is the term for a legal precedent that influences future decisions?
What is the term for a legal precedent that influences future decisions?
What is the term for the process of verifying credibility and evidence through direct, cross, and re-examination?
What is the term for the process of verifying credibility and evidence through direct, cross, and re-examination?
Who conducts the examination in chief in a criminal trial?
Who conducts the examination in chief in a criminal trial?
Where does direct evidence in a trial come from?
Where does direct evidence in a trial come from?
Who makes the charge to the jury in a criminal trial?
Who makes the charge to the jury in a criminal trial?
What are the requirements to serve as a juror in Canada?
What are the requirements to serve as a juror in Canada?
Who determines the length of the sentence for the accused?
Who determines the length of the sentence for the accused?
Within how many days can both the Crown and defence appeal a sentence or fact of law?
Within how many days can both the Crown and defence appeal a sentence or fact of law?
What are intermittent sentences in the context of incarceration?
What are intermittent sentences in the context of incarceration?
When may a judge permit the publication of a young offender’s name?
When may a judge permit the publication of a young offender’s name?
What is a precedent in the context of court decisions?
What is a precedent in the context of court decisions?
How are criminal offences classified?
How are criminal offences classified?
What is the primary focus of a closing argument in a criminal trial?
What is the primary focus of a closing argument in a criminal trial?
What is the purpose of re-examination in a criminal trial?
What is the purpose of re-examination in a criminal trial?
Study Notes
Criminal Justice System Overview
- Arrest by police involves physical control and rights to counsel, with the Crown needing to prove voluntary confessions for evidence.
- The Bail Reform Act provides a framework for release, with the onus on the Crown to prove why the accused should be held in custody.
- "Reverse onus" places the burden on the accused to show why they should be released, especially for indictable offenses or breach of release conditions.
- Search and seizure involve intrusion into privacy and exercise of control by government representatives, with warrants generally required.
- Police can enter a dwelling in "fresh pursuit" and under exigent circumstances to prevent bodily harm, death, or destruction of evidence.
- Searches incident to arrest are for protection, evidence, and identity, and are based on common law authority.
- The doctrine of plain view allows police to seize illegal objects in plain view without a warrant if the entry is legal.
- Informed consent is required for consent searches, and individuals have the right to refuse and must be aware of the consequences.
- Legal Aid provides free legal services for those who cannot afford a lawyer for criminal offenses, based on eligibility criteria.
- Criminal offenses are classified as summary conviction offenses (minor) or indictable offenses (more serious), with some offenses being hybrid.
- Trial procedures vary based on the type of offense, with different courts hearing the charges for summary conviction and indictable offenses.
- Preliminary hearings are not automatic and must be requested for cases slated to go to superior court, covering a list of issues and witnesses.
Criminal Trial Procedures Overview
- In a criminal trial, the Crown Attorney conducts the examination in chief, and the re-examination is conducted by the defence counsel.
- Direct evidence in a trial comes from eyewitness testimony.
- A closing argument involves the summation, review, and analysis of the evidence.
- The charge to the jury is made by the judge.
- To serve as a juror, one must be a Canadian citizen, a resident of the province, and at least 21 years of age.
- The jury does not determine the length of the sentence for the accused.
- Both the Crown and defence may appeal a sentence or fact of law within 30 days of filing a notice of appeal.
- The appeal court may refuse to hear an appeal if it lacks merit.
- Intermittent sentences are periods of incarceration that may be served on weekends.
- A judge may permit the publication of a young offender’s name on application by a peace officer.
- A precedent is a court decision that influences or binds future decisions on the same or similar facts.
- Criminal offences are classified into general classification (e.g., violent crime, property crimes), legal classification (e.g., indictable offences, summary conviction offences), and hybrid or dual procedure offences.
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Description
Test your knowledge of the Canadian justice system with this quiz on justice models. Explore the main focus of each model, including punishment, rehabilitation, and emphasis on legal rights, justice, and fairness. See how well you understand the different approaches to addressing criminal behavior and promoting positive change.
