Canadian Justice Models Quiz
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Questions and Answers

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?

  • 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?

  • 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?

    <p>Restitution and reconciliation</p> Signup and view all the answers

    What is a feature of Youth Justice under the Youth Criminal Justice Act (YCJA)?

    <p>Separate police response</p> Signup and view all the answers

    What is the goal of the Rehabilitation model?

    <p>Reintegration into society</p> Signup and view all the answers

    What is the main emphasis of Restorative Justice?

    <p>Harm inflicted on community &amp; victim</p> Signup and view all the answers

    What is a key aspect of Indigenous Justice based on principles of restorative justice?

    <p>Integration of Aboriginal values</p> Signup and view all the answers

    The Youth Criminal Justice Act (YCJA) emphasizes which of the following in addressing youth crime?

    <p>Meaningful consequences and intensified rehabilitation</p> Signup and view all the answers

    What is the primary goal of Alternative Measures for young offenders?

    <p>Rehabilitate without criminal stigma</p> Signup and view all the answers

    At a bail hearing, the onus is always on the ____________ to prove why the accused should be held in custody.

    <p>Crown</p> Signup and view all the answers

    What is generally required to search a person, place, or thing?

    <p>Search warrant</p> Signup and view all the answers

    What is considered the intrusion of a government representative into an individual’s privacy?

    <p>Search</p> Signup and view all the answers

    Who may obtain a search warrant by swearing an Information before a Justice of the Peace or Judge?

    <p>Police officer</p> Signup and view all the answers

    What does 'fresh pursuit / hot pursuit' refer to?

    <p>Pursuing an accused person into a dwelling house without a search warrant</p> Signup and view all the answers

    What does 'search incident to arrest' give police officers the authority to do?

    <p>Search the person they lawfully arrest</p> Signup and view all the answers

    Where is the authority for 'search incident to arrest' found?

    <p>Criminal Code</p> Signup and view all the answers

    What is the purpose of 'search incident to arrest'?

    <p>To ensure officer safety and prevent the destruction of evidence</p> Signup and view all the answers

    What is the main emphasis of Restorative Justice?

    <p>Repairing harm caused by criminal behavior</p> Signup and view all the answers

    What is the primary focus of the Rehabilitation model?

    <p>Reforming and reintegrating offenders into society</p> Signup and view all the answers

    What rights does everyone have on arrest or detention according to s. 10 CCRF?

    <p>Right to counsel</p> Signup and view all the answers

    What must be the connection between the detained person and the crime during investigative detention?

    <p>Reasonable belief of implication in a prior criminal act</p> Signup and view all the answers

    What is the standard required for an arrest to result in a conviction?

    <p>Beyond a reasonable doubt</p> Signup and view all the answers

    Under what circumstances can a peace officer make an arrest without a warrant according to s. 495(1) Criminal Code?

    <p>Reasonable grounds to believe the person has committed or about to commit an indictable offence</p> Signup and view all the answers

    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:

    <p>exigent circumstances</p> Signup and view all the answers

    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

    <p>True</p> Signup and view all the answers

    Criminal offences include all federal offences that are:

    <p>hybrid offences</p> Signup and view all the answers

    Treason, piracy and murder are considered:

    <p>Absolute jurisdiction offences</p> Signup and view all the answers

    Fraud, theft and possession are considered:

    <p>Absolute jurisdiction offences</p> Signup and view all the answers

    Absolute jurisdiction offences will be heard by a provincial court judge alone. T or F

    <p>False</p> Signup and view all the answers

    Other than upon initial arrest, eligibility for legal aid generally considers the individual's income, assets and number of dependents. T or F

    <p>True</p> Signup and view all the answers

    A joint submission for a plea bargain is made between the Crown and Judge. T or F

    <p>False</p> Signup and view all the answers

    What is the burden of proof for the Crown in a bail hearing?

    <p>To prove why the accused should be held in custody</p> Signup and view all the answers

    Under what circumstances does 'reverse onus' place the burden on the accused?

    <p>For indictable offenses or breach of release conditions</p> Signup and view all the answers

    When can police enter a dwelling in 'fresh pursuit'?

    <p>To prevent bodily harm, death, or destruction of evidence</p> Signup and view all the answers

    What is the purpose of 'search incident to arrest'?

    <p>For protection, evidence, and identity</p> Signup and view all the answers

    When is informed consent required for consent searches?

    <p>Always</p> Signup and view all the answers

    Under what circumstances does the doctrine of plain view allow police to seize illegal objects without a warrant?

    <p>If the entry is legal</p> Signup and view all the answers

    What is the purpose of Legal Aid in the criminal justice system?

    <p>To provide free legal services for those who cannot afford a lawyer</p> Signup and view all the answers

    How are criminal offenses classified?

    <p>As summary conviction offenses or indictable offenses</p> Signup and view all the answers

    When are preliminary hearings requested?

    <p>For cases slated to go to superior court</p> Signup and view all the answers

    What is the primary purpose of the Bail Reform Act?

    <p>To provide a framework for release</p> Signup and view all the answers

    What do trial procedures vary based on?

    <p>The type of offense</p> Signup and view all the answers

    What is the primary focus of the doctrine of 'search and seizure'?

    <p>Intrusion into privacy and exercise of control by government representatives</p> Signup and view all the answers

    Who can lay an Information before a justice of the peace, if they have reasonable grounds, do it in writing and under oath?

    <p>A police officer</p> Signup and view all the answers

    What does 'reverse onus' mean in the context of the criminal justice system?

    <p>The accused has the obligation to show cause for release</p> Signup and view all the answers

    What is the component of the criminal justice system that handles 'the system of convicted offenders'?

    <p>Corrections</p> Signup and view all the answers

    What happens during an arraignment in the criminal justice system?

    <p>The court clerk reads the Information in open court to the accused</p> Signup and view all the answers

    During a trial, who provides instructions to the jury and defines the crime and burden of proof?

    <p>The judge</p> Signup and view all the answers

    What type of evidence includes tangible exhibits, such as weapons or documents?

    <p>Real evidence</p> Signup and view all the answers

    What is the primary goal of the Crown during closing arguments in a trial?

    <p>To prove the defendant's guilt</p> Signup and view all the answers

    What must the Crown prove to secure a conviction in a judge-alone trial?

    <p>Prima facie case</p> Signup and view all the answers

    What can appeals be made on within a specified time limit?

    <p>Grounds of fact or law</p> Signup and view all the answers

    What influences future decisions in the legal system?

    <p>Legal precedents</p> Signup and view all the answers

    What is the term for a verdict where the jury is unable to reach a unanimous decision?

    <p>Hung jury</p> Signup and view all the answers

    What type of evidence includes eyewitness testimony?

    <p>Direct evidence</p> Signup and view all the answers

    What is the term for the right of the accused to choose not to testify during a trial?

    <p>Right to silence</p> Signup and view all the answers

    Who determines the rules of evidence to ensure impartiality during a trial?

    <p>The judge</p> Signup and view all the answers

    What is the term for a legal precedent that influences future decisions?

    <p>Precedent-setting case</p> Signup and view all the answers

    What is the term for the process of verifying credibility and evidence through direct, cross, and re-examination?

    <p>Witness examination</p> Signup and view all the answers

    Who conducts the examination in chief in a criminal trial?

    <p>The Crown Attorney</p> Signup and view all the answers

    Where does direct evidence in a trial come from?

    <p>Eyewitness testimony</p> Signup and view all the answers

    Who makes the charge to the jury in a criminal trial?

    <p>The judge</p> Signup and view all the answers

    What are the requirements to serve as a juror in Canada?

    <p>Must be a Canadian citizen, a resident of the province, and at least 21 years of age</p> Signup and view all the answers

    Who determines the length of the sentence for the accused?

    <p>The judge</p> Signup and view all the answers

    Within how many days can both the Crown and defence appeal a sentence or fact of law?

    <p>30 days</p> Signup and view all the answers

    What are intermittent sentences in the context of incarceration?

    <p>Weekend periods of incarceration</p> Signup and view all the answers

    When may a judge permit the publication of a young offender’s name?

    <p>On application by a peace officer</p> Signup and view all the answers

    What is a precedent in the context of court decisions?

    <p>A court decision that influences or binds future decisions on the same or similar facts</p> Signup and view all the answers

    How are criminal offences classified?

    <p>General classification, legal classification, and hybrid or dual procedure offences</p> Signup and view all the answers

    What is the primary focus of a closing argument in a criminal trial?

    <p>Summation, review, and analysis of the evidence</p> Signup and view all the answers

    What is the purpose of re-examination in a criminal trial?

    <p>To clarify points raised during cross-examination</p> Signup and view all the answers

    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.

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