Criminal Justice System Overview
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Questions and Answers

What is the significance of identifying as Indigenous when discussing bail with your lawyer?

  • It influences the conditions of bail without any argument.
  • It allows the lawyer to charge a higher fee.
  • It requires the lawyer to inform the court about the individual's cultural background. (correct)
  • It has no impact on the bail hearing process.

    • What are Gladue factors in the context of bail hearings?

  • They are guidelines that must be followed by the judge during sentencing.
  • They are background information necessary for understanding an individual's situation. (correct)
  • They refer to statistical data about crime rates in Indigenous communities.
  • They represent the financial requirements for obtaining bail.

    • What are bail conditions?

  • They are agreements made between the accused and the prosecution.
  • They are financial obligations associated with taking out a loan.
  • They are guides for sentencing after a conviction.
  • They are rules that must be followed while out on bail waiting for trial. (correct)

    • What happens if an individual breaches their bail conditions?

    <p>They may be held in custody for another bail hearing.</p> Signup and view all the answers

    What is meant by the 'ladder of release' in the context of bail?

    <p>It indicates that the court considers the least strict release conditions first.</p> Signup and view all the answers

    What should you do if you don't understand a question during your testimony?

    <p>Ask the lawyer to explain it differently.</p> Signup and view all the answers

    During the cross-examination, if a suggestion is made by the lawyer that you disagree with, what should you do?

    <p>Politely state that you do not agree.</p> Signup and view all the answers

    What is re-examination in the context of witness testimony?

    <p>It refers to the opportunity for the first lawyer to ask further questions after cross-examination.</p> Signup and view all the answers

    What should a witness do if they make a mistake during their testimony?

    <p>Acknowledge the mistake and correct it.</p> Signup and view all the answers

    What happens if a witness refuses to answer a question after the judge has instructed them to do so?

    <p>They risk being charged with contempt of court.</p> Signup and view all the answers

    What is a recommended approach if a lawyer's questions become uncomfortable during testimony?

    <p>Request a break from the judge if feeling upset.</p> Signup and view all the answers

    What should you do immediately after finishing your testimony?

    <p>Leave the courtroom or Zoom call promptly.</p> Signup and view all the answers

    If a lawyer stands up during your testimony, what does that typically indicate?

    <p>They are objecting to the question that was asked.</p> Signup and view all the answers

    What must you do within 6 months of being charged with a crime?

    <p>Decide whether to have a trial, plead guilty, or resolve the case in another way</p> Signup and view all the answers

    What is meant by 'disclosure' in the context of a criminal case?

    <p>Collecting and reviewing all evidence and documents related to your case</p> Signup and view all the answers

    What is a 'Crown pre-trial'?

    <p>A discussion with the Crown about your options for resolving the case</p> Signup and view all the answers

    What does VWAP provide updates on regarding a case?

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

    If your case has been pending for over 6 months, what does the court typically require?

    <p>You should have your case resolved at the next court date or schedule a trial</p> Signup and view all the answers

    What significant issue did the Supreme Court of Canada address in the Gladue case?

    <p>The high incarceration rates of Indigenous people</p> Signup and view all the answers

    What is the purpose of the judge-led intensive case management court?

    <p>To expedite cases that have been delayed in the system</p> Signup and view all the answers

    What must courts consider when sentencing an Indigenous person according to Gladue principles?

    <p>Systemic factors affecting the Indigenous community</p> Signup and view all the answers

    What should you do if you have applied for a legal aid certificate?

    <p>Bring proof of your application and expected decision to court</p> Signup and view all the answers

    What is a subpoena?

    <p>A court order requiring a person to testify</p> Signup and view all the answers

    What should be considered the last choice when sentencing an Indigenous person?

    <p>A jail sentence</p> Signup and view all the answers

    When testifying in court, what is required of the witness?

    <p>They must promise to tell the truth and provide factual information</p> Signup and view all the answers

    What does Gladue information pertain to when presented in court?

    <p>The accused's Indigenous identity and background</p> Signup and view all the answers

    In addition to sentencing, when do Ontario courts apply Gladue principles?

    <p>During bail hearings</p> Signup and view all the answers

    Which of the following is NOT considered a Gladue factor?

    <p>Having a criminal record</p> Signup and view all the answers

    What is the purpose of disclosing one's Indigenous identity to a lawyer?

    <p>To allow the court to consider Gladue factors</p> Signup and view all the answers

    What must a witness do before testifying?

    <p>Swear an oath or give a solemn affirmation</p> Signup and view all the answers

    In what circumstances can a witness have a lawyer represent them at trial?

    <p>If they are the victim of sexual assault</p> Signup and view all the answers

    Which of the following actions can lead to a charge of perjury?

    <p>Making a false or misleading statement while testifying</p> Signup and view all the answers

    What kind of support can the Victim/Witness Assistance Program (VWAP) provide to witnesses?

    <p>Preparation assistance and special accommodations</p> Signup and view all the answers

    What should a witness do if they have not been offered support from VWAP?

    <p>Ask the Crown for support</p> Signup and view all the answers

    When reviewing documents before testifying, which of the following is a witness NOT allowed to do?

    <p>Look at the documents during testimony without permission</p> Signup and view all the answers

    What is the primary purpose of swearing an oath before testifying?

    <p>To ensure a witness's honesty</p> Signup and view all the answers

    What might happen if a witness is late for their court appearance?

    <p>They could be charged with contempt of court</p> Signup and view all the answers

    What should you do if you are testifying over Zoom?

    <p>Ensure you are alone in a private room.</p> Signup and view all the answers

    What is the primary purpose of the examination-in-chief?

    <p>To allow the witness to state their direct observations in their own words.</p> Signup and view all the answers

    What happens during cross-examination?

    <p>The opposing lawyer uses more specific questions to challenge the witness.</p> Signup and view all the answers

    What must you do before giving testimony, regardless of whether it's in person or via Zoom?

    <p>Swear an oath or affirmation to tell the truth.</p> Signup and view all the answers

    In which situation might you swear on a sacred eagle feather?

    <p>If you are a witness from First Nation heritage.</p> Signup and view all the answers

    What do you need to remember about the microphone during in-person testimony?

    <p>It only records your voice; it does not amplify it.</p> Signup and view all the answers

    What type of questions should you expect during the examination-in-chief?

    <p>Open-ended questions that encourage detailed responses.</p> Signup and view all the answers

    What type of personal experiences can you testify about?

    <p>Sensory experiences you had directly.</p> Signup and view all the answers

    Study Notes

    Criminal Justice System Information

    • Timeframe after charge: After being charged with a crime, individuals have 6 months to decide on a trial, plead guilty, or agree to alternative measures (like community service).

    • Pre-trial Procedures: Several steps can be taken during this 6-month period to help make a decision, including:

      • Gathering evidence (disclosure)
      • Meeting with the Crown (Crown pre-trial)
      • Meeting with a judge and Crown (judicial pre-trial)

    • Cases older than 6 months: For cases more than six months old, the court may require resolution on the next court date or scheduling of a trial.

    • Intensive Case Management: If a case takes a long time, a special court (judge-led intensive case management court) may be used to expedite the process.

    • Legal Aid Applications: Providing proof of a legal aid application (e.g., documents or emails from Legal Aid Ontario) to the court. Waiting for a decision on the application.

    • Witness Timeframe: Witnesses in criminal trials need to appear on a date and time specified by the court, (subpoena).

    • Witness Testimony: Witnesses must truthfully answer questions about the case to give evidence.

      • The Crown or defence lawyer can call the witness
      • Questions follow what the witness saw or heard
      • Must promise to tell the truth (swearing an oath or affirmation)
      • Testimony is used as evidence in the case
      • Lying during testimony is against the law

    • Witness Preparation: Having a lawyer, or meeting with the lawyer preparing the witness for testimony.

    • Perjury: Making a false or misleading statement is considered perjury, a criminal offense.

    Criminal Court Procedures

    • Only personal experience: Testifying about one's personal experiences. For example, sounds heard, sights observed.

    • No lawyer at trial: Usually, witnesses don't have lawyers to represent them during trials. A lawyer may give advise before testimony.

    • Victim/Witness Support: The Victim/Witness Assistance Program (VWAP) offers support to crime victims and witnesses, including accommodations needed for testifying..

    • Courtroom Behavior: Stop talking if the opposing lawyer stands up or objects to a question being asked.

    • Examination In-Chief: The first lawyer to question a witness, asking open-ended questions. Example: "Who, what, when, where, why, how"

    • Cross-Examination: Another lawyer questioning the witness. Questions won't be as open-ended and could relate to answers given in the in-chief stage.

    • Re-examination: First lawyer might ask further questions about previous cross-examination answers.

    • Court appearances: Arriving for court on time, following instructions, and possibly attending virtual court hearings.

    • Gladue Principle: Guidelines for sentencing Indigenous people, meaning jail should be the last resort, and court should consider systemic issues and cultural contexts.

    • Gladue Courts: A special court for Indigenous people, helping to consider the Gladue Principle during sentencing and bail hearings.

    • Background factors (Gladue factors): The court should consider past experiences, trauma, racism (and other systemic issues), poverty, or the impact of discrimination in determining sentencing and bail decisions.

    • Gladue Submissions: Arguments by lawyers to argue how the Gladue principles apply to the case.

    Additional Information

    • Bail: Court decisions concerning release from custody, with conditions, before a trial.

    • Breach of Bail: Failure to meet bail conditions can result in being charged with a criminal offence and possible arrest and detention.

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    Description

    This quiz covers key aspects of the criminal justice system, including timeframes after charges, pre-trial procedures, and case management. Understand the processes involved in handling criminal cases and the importance of legal aid. Test your knowledge on these critical elements of the legal framework.

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