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Questions and Answers
What is the primary source of common law?
What is the primary source of common law?
What does 'stare decisis' refer to in the context of law?
What does 'stare decisis' refer to in the context of law?
Which type of law is created through the parliamentary process?
Which type of law is created through the parliamentary process?
Which of the following is an example of private law?
Which of the following is an example of private law?
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What is primarily represented by a prosecutor in public law cases?
What is primarily represented by a prosecutor in public law cases?
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Which of the following is not a type of public law?
Which of the following is not a type of public law?
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Which component is not part of the adversarial system in the criminal justice system?
Which component is not part of the adversarial system in the criminal justice system?
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Which of the following laws resolves disputes between private parties?
Which of the following laws resolves disputes between private parties?
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What is one of the procedural safeguards to ensure fair treatment of the accused?
What is one of the procedural safeguards to ensure fair treatment of the accused?
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Which principle does the crime control model primarily rely on?
Which principle does the crime control model primarily rely on?
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How are due process and crime control models balanced in the Canadian Justice system?
How are due process and crime control models balanced in the Canadian Justice system?
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What does the due process philosophy focus on in the justice process?
What does the due process philosophy focus on in the justice process?
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Who carries the burden of proof that the accused is guilty in a legal trial?
Who carries the burden of proof that the accused is guilty in a legal trial?
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What is assumed about the accused until proven guilty in the legal system?
What is assumed about the accused until proven guilty in the legal system?
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What is the main goal of the crime control model?
What is the main goal of the crime control model?
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Which right is NOT a part of the procedural safeguards for the accused?
Which right is NOT a part of the procedural safeguards for the accused?
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What does the term 'Due Process' refer to?
What does the term 'Due Process' refer to?
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Which of the following is NOT one of the guaranteed fundamental freedoms under the Canadian Charter of Rights and Freedoms?
Which of the following is NOT one of the guaranteed fundamental freedoms under the Canadian Charter of Rights and Freedoms?
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What is the status of the Canadian Charter of Rights and Freedoms within Canadian law?
What is the status of the Canadian Charter of Rights and Freedoms within Canadian law?
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Which type of rights includes the right to vote and run for public office in Canada?
Which type of rights includes the right to vote and run for public office in Canada?
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Which of the following describes 'Equality Rights' under the Charter?
Which of the following describes 'Equality Rights' under the Charter?
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Which of the following freedoms is specifically related to assembly and association?
Which of the following freedoms is specifically related to assembly and association?
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The 'Rule of Law' ensures that which of the following occurs?
The 'Rule of Law' ensures that which of the following occurs?
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What is a key principle of the 'Rule of Law' in the context of Canada?
What is a key principle of the 'Rule of Law' in the context of Canada?
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What occurs at the preliminary hearing in a criminal case?
What occurs at the preliminary hearing in a criminal case?
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Which of the following sentences may be immediately imposed upon a finding of guilt?
Which of the following sentences may be immediately imposed upon a finding of guilt?
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Which type of incarceration applies to offenses that warrant a sentence of two years or more?
Which type of incarceration applies to offenses that warrant a sentence of two years or more?
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What phase follows after the trial in a criminal case?
What phase follows after the trial in a criminal case?
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Which of the following is NOT a typical penalty in the penalty phase?
Which of the following is NOT a typical penalty in the penalty phase?
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What is the primary purpose of reintegration in the criminal justice process?
What is the primary purpose of reintegration in the criminal justice process?
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What happens if the accused enters a not guilty plea?
What happens if the accused enters a not guilty plea?
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Which of the following sentences typically involves less than two years of incarceration?
Which of the following sentences typically involves less than two years of incarceration?
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What is one of the key roles of the media in relation to the Criminal Justice System?
What is one of the key roles of the media in relation to the Criminal Justice System?
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Which of the following stages is not part of the criminal case processing mentioned?
Which of the following stages is not part of the criminal case processing mentioned?
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What occurs during the pre-trial stage of a criminal case?
What occurs during the pre-trial stage of a criminal case?
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What does the quote 'Where there is no publicity there is no justice' imply regarding the media's role?
What does the quote 'Where there is no publicity there is no justice' imply regarding the media's role?
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Which action is part of the responsibilities of the police during the pre-trial stage?
Which action is part of the responsibilities of the police during the pre-trial stage?
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What is the correct order of processing a criminal case?
What is the correct order of processing a criminal case?
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Which of the following best describes the role of sentencing in the criminal justice process?
Which of the following best describes the role of sentencing in the criminal justice process?
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What is an action that police can take during the pre-trial phase?
What is an action that police can take during the pre-trial phase?
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What is the purpose of the 'notwithstanding clause' in the Charter of Rights and Freedoms?
What is the purpose of the 'notwithstanding clause' in the Charter of Rights and Freedoms?
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How does the Charter ensure the burden of proof in trials?
How does the Charter ensure the burden of proof in trials?
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What is a potential conflict highlighted in the discussion of the Charter?
What is a potential conflict highlighted in the discussion of the Charter?
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According to the discussion, how should rights be limited?
According to the discussion, how should rights be limited?
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What does section 1 of the Charter focus on?
What does section 1 of the Charter focus on?
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What is one perspective on individual rights mentioned in the context of the Charter?
What is one perspective on individual rights mentioned in the context of the Charter?
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Section 2 of the Charter primarily deals with which type of rights?
Section 2 of the Charter primarily deals with which type of rights?
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What is a significant concern discussed regarding the rights in the Charter?
What is a significant concern discussed regarding the rights in the Charter?
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Study Notes
Criminal Justice in Canada
- Canada's crime rate continues to fall
- Crime prevention is a community responsibility
- Emerging technology and the influence of new crimes are affecting the system
Learning Objectives
- Explain the function and purpose of the criminal justice system
- Explain the rule of law and its significance in Canadian law
- Describe the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms
- Identify the procedural safeguards in the criminal justice system
- Describe the due process and crime control philosophies of criminal justice
- Identify types and categories of laws in Canada
- Identify the components of the criminal justice system
- Describe the relationship between the media and the criminal justice system
- Describe how a criminal case is processed through the system
The Criminal Justice System
- Function: Prevent and investigate crimes, enforce laws, prosecute cases, provide correctional institutions and community supervision, and meet the needs of victims
- Purpose: Protect society by maintaining peace, preventing and controlling crime, adjudicating cases fairly, providing treatment and rehabilitation for offenders to live crime-free lives
The Rule of Law
- Describes fundamental rights and beliefs that form the foundation of a fair and just society
- Every dispute is settled through Due Process, a process to ensure rights are respected and protected
The Charter of Rights and Freedoms
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Guaranteed fundamental freedoms, including freedom of conscience and religion, freedom of thought, belief, opinion, and expression, freedom of peaceful assembly, and freedom of association
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The Charter is part of the Constitution Act, 1982, and is the supreme law in Canada
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Not all rights and freedoms are absolute; the notwithstanding clause allows federal and provincial governments to override specific Charter rights in certain situations
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At trial, the burden of proof rests with the Crown
Criminal Justice System Case Study - Question 1
- The government may be justified in actions to save a life, but may violate a parent's religious rights
- The law can involve complex issues with conflicting aspects
Criminal Justice System Case Study - Question 2
- Freedoms should not be limitless to infringe on others
Criminal Justice System Case Study - Question 3
- Individuals' rights can be restricted for the good of society
- Collective good may take precedence over individual rights.
Procedural Safeguards
- Accused persons are treated fairly, through procedural safeguards
- Right to be informed of reason for arrest
- Right to remain silent
- Right to consult with a lawyer
- Burden of proof rests with the Crown
- Presumption of innocence until proven guilty beyond a reasonable doubt
Criminal Justice Philosophies
- Due Process: Focuses on ensuring fair procedures, not necessarily on factual guilt, but on legal guilt
- Crime Control: Focuses on protecting the public through arresting and finding offenders guilty
- Canadian Justice balances both philosophies to have a fair and effective system
Laws in Canada
- Common Law: Developed through court decisions and precedents, based on "stare decisis".
- Statute Law: Created through parliamentary processes
- Private Law: Resolves disputes between private parties, examples include contract law, family law, and estate law
- Public Law: Deals with matters involving the state, examples include criminal, constitutional, administrative, and civil law
Components of the Adversarial System
- Police
- Court system
- Correctional system
- Private agencies
- Public
Media and Criminal Justice
- Media play a critical role in educating the public on how the criminal justice system operates by holding it accountable.
- The media is important for the public to see justice being served.
The Criminal Justice System: An Overview
- Pre-Trial: A criminal charge is initiated, the offender is charged, given a court date, police actions such as lay information, arrest of a suspect, issuing summons, and issuing appearance notice.
- Trial: The accused pleads either guilty or not guilty, a hearing/preliminary hearing is conducted where the trial court determines if there is enough evidence to prove the case.
- Sentencing: Upon a guilty verdict, the court determines penalties, which may include fines, prisons sentences, and community supervision.
- Reintegration: After a sentence, community supervision, or release is a key phase. This involves monitoring or supervision.
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Description
This quiz covers key aspects of the criminal justice system in Canada, highlighting its function, the impact of emerging technologies, and the significance of the rule of law. Participants will explore the rights and freedoms protected by the Canadian Charter and the procedural safeguards involved in criminal processes. Test your understanding of how community responsibility plays a role in crime prevention.
