Introduction to Legal Procedures

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Questions and Answers

What is the primary responsibility of a prosecutor during the preparation of a case?

Maintaining courtroom security

Assembling the evidence for trial (correct)

Recording everything said during the trial

Serving as the judge's assistant

Which of the following individuals records everything said in a court trial?

Court Reporter (correct)

Sheriff

Bailiff

Court Clerk

What is the role of the jury in a trial?

To provide evidence for the defense

To determine the outcome of the trial as the trier of fact (correct)

To instruct the judge on legal matters

To serve as witnesses for the prosecution

What disqualifies someone from serving on a jury?

Working in a justice-related profession Signup and view all the answers

What must a witness receive to be legally required to appear in court?

A subpoena Signup and view all the answers

What is the primary basis for a mental disorder defense?

The defendant has a diagnosed mental disorder. Signup and view all the answers

What does the insanity defense argue?

The defendant was unaware of the nature of their actions. Signup and view all the answers

What distinguishes insane automatism from non-insane automatism?

Insane automatism is due to a mental disorder. Signup and view all the answers

Which of the following is true concerning intoxication as a defense?

Self-intoxication can negate conscious control over actions. Signup and view all the answers

What is the difference between actus reus and automatism?

Automatism negates the element of voluntary action. Signup and view all the answers

Which condition is NOT associated with automatism?

Self-defence. Signup and view all the answers

Which is a characteristic of non-insane automatism?

It arises from an external factor. Signup and view all the answers

How does the legal system view drunkenness as a defense?

Not a defense for criminal acts. Signup and view all the answers

What is the main function of electronic evidence in a legal context?

To overhear or record communications Signup and view all the answers

What occurs during the voir dire process?

Evidence is reviewed in the absence of jurors Signup and view all the answers

What does the charge to the jury refer to?

The judge's explanation of the law in the case Signup and view all the answers

What is the primary requirement for a jury's verdict?

The jury's verdict must be unanimous Signup and view all the answers

Which of the following describes a hung jury?

A jury that cannot agree on a verdict Signup and view all the answers

What does the burden of proof refer to in a criminal case?

The Crown's obligation to prove the accused's guilt Signup and view all the answers

What is the time limit for filing a notice of appeal after a court decision?

30 days Signup and view all the answers

What is meant by the term 'beyond a reasonable doubt'?

The defendant's guilt must be proven to a reasonable person's satisfaction Signup and view all the answers

What defines reasonable force in self-defense?

The amount of force necessary to defend yourself Signup and view all the answers

What is a necessary condition for an individual to claim necessity as a defense?

Danger must be imminent with no alternatives Signup and view all the answers

In the context of battered woman syndrome defense, what needs to be established?

Expert testimony is required to demonstrate mental distress Signup and view all the answers

What is a requirement for the defense of a dwelling under Section 40?

The intent to commit a crime must be established Signup and view all the answers

Which scenario does NOT qualify for compulsion or duress defense?

The threatener was not present during the crime Signup and view all the answers

Under what circumstance can serious injury be inflicted on an attacker?

If imminent serious injury to oneself is perceived Signup and view all the answers

What does the prosecution need to rule out in defense of dwelling cases?

The intent of the intruder to commit a crime Signup and view all the answers

Which of the following harms must not be disproportionate in the necessity defense?

Harm caused by the accused Signup and view all the answers

What occurs under provocation that can reduce a murder charge to manslaughter?

The act sufficiently deprived an ordinary person of self-control. Signup and view all the answers

Which element is NOT required to establish a provocation defense?

The response was controlled and measured. Signup and view all the answers

What is a key characteristic of the mistake of law defense?

It includes misunderstanding the legal implications of actions. Signup and view all the answers

How can the mistake of fact defense be accurately described?

It may involve a misunderstanding about materials or facts related to the crime. Signup and view all the answers

What does double jeopardy protect individuals from?

Being tried for the same offense multiple times. Signup and view all the answers

What must be proven for an Aboriginal person to successfully claim their rights under treaty law?

That they have the right established under their treaty. Signup and view all the answers

What does the alibi defense assert?

The person was somewhere else when the crime occurred. Signup and view all the answers

What is the primary purpose of the double jeopardy clause?

To protect against abuse of government power. Signup and view all the answers

What is the purpose of an alibi in legal defense?

To claim the accused was elsewhere during the crime Signup and view all the answers

How is entrapment defined in legal terms?

Causing someone to commit a crime they wouldn't normally commit Signup and view all the answers

Which of the following best describes 'specific deterrence' in the context of sentencing?

Punishment intended to discourage reoffending by the individual Signup and view all the answers

What is included in a pre-sentence report?

Background information about the offender Signup and view all the answers

What is a conditional sentence?

A prison sentence served in the community under supervision Signup and view all the answers

What role do aggravating factors play during sentencing?

They increase the severity of the sentence Signup and view all the answers

What distinguishes a mistake of fact from a mistake of law?

Mistake of law involves misunderstanding legal statutes Signup and view all the answers

Which of the following is a primary goal of rehabilitation in the correctional system?

Providing treatment and training to integrate offenders into society Signup and view all the answers

What does 'double jeopardy' protect an accused person from?

Facing the same charges multiple times Signup and view all the answers

Which of the following best describes restitution as a goal of sentencing?

Financial compensation to the victim for their loss Signup and view all the answers

Study Notes

Criminal Law Review - Chapter 9

Supreme Court of Canada: Grants leave for appeals of national significance or when decisions conflict with provincial appeals courts. This is the highest court.
Federal Court of Canada: Deals with cases involving the federal government.
Tax Court of Canada: Manages tax-related cases.
Provincial Court System: The lowest level, with divisions for criminal, civil, and family matters. Cases are heard by a judge alone.
Preliminary Hearings: A judge determines if there's enough evidence to proceed with a trial.
Appeals: The process of asking a higher court to review a lower court's decision.

Criminal Court Structure - Federal

Trial Division: Handles civil claims involving the federal government.
Appeal Division: Reviews decisions made by federally appointed boards and commissions.

Participants in the Trial

Judge: Presides over the trial, decides matters of law, and sentences convicted individuals. In a jury trial, they are the "trier of law."
Justice of the Peace: A court official with less authority than a judge; responsible for issuing warrants and performing various legal tasks.
Court Clerk: Assists the judge.
Court Reporter: Records everything said during the trial.
Court Security Officer: Ensures courtroom security.
Sheriff: Manages the jury.
Bailiff: Assists the sheriff.
Witness: Person providing testimony under oath.
Subpoena: Legal order for witnesses to appear in court.
Perjury: Intentionally making false statements under oath.
Jury: 12 people who determine the guilt or innocence of the accused.

Other - Detail

Duty Counsel: Provides free legal advice.
Defence Counsel: Represents the accused.
Prosecution: Represents the government.
Court documents/processes: Researching and assembling evidence; exhibits; reviewing and taking witness statements.

Criminal Trial Process

Crown's Opening Statement: Outlines the case and provides details/evidence.
Direct Examination: The initial questioning of a witness to learn facts.
Cross-Examination: The opposing counsel's questioning of a witness to test accuracy.
Motion for Dismissal: A defence request for the judge to dismiss the charges.
Directed Verdict: A decision by the judge to end the case.
Rebuttal/Surrebuttal: Presenting evidence to contradict or respond to evidence introduced by the opposing side.
Leading Questions: Suggesting a particular answer, not allowed in most cases.
Hearsay/Opinion Statements: Statements based on what others said or personal opinions, generally are not allowed.
Irrelevant and Nonresponsive Questions: Questions irrelevant to the case or those that the witness does not answer appropriately .
Evidence Types: Direct evidence and circumstantial evidence.

Evidence, Summary, Procedure

Electronic Evidence: Recording evidence.
Summary of the Case: A closing argument from the parties/counsel.
Charge to Jury: The judge explains how the law applies to the specific case.
Verdict: The jury's decision on guilt or innocence. A unanimous vote is needed from the jury.
Appeals: A formal appeal must be made within a specific time. Courts only review what is brought up in the appeal, not the trial.
Beyond a Reasonable Doubt: The standard of proof needed by the prosecution to convince a jury of guilt.

Defences

Mental Disorder: a "disease of the mind," where the criminal should not be held responsible.
Insanity Defence: The defendant was unable to understand their actions due to their mental disorder.
Automatism: A condition with no awareness of actions at the time because of a concussion or medication. Two types: Insane and Non-insane Automatism.
Intoxication: Can be a defence if actions were involuntary due to intoxication.
Self-Defence: Reasonable force to defend oneself.
Battered Woman Syndrome: A psychological condition related to abuse that can influence decisions.
Defence of a Dwelling: Defence based on protecting property.
Necessity: When forced to act a certain way to avoid harm.
Compulsion or Duress: Forced by someone to commit a criminal act.
Provocation: Actions that justify a reduced charge for murder from murder to manslaughter.

Other legal concepts

Mistake of Law: Ignorance of the law, Not a valid defence.
Mistake of Fact: A misinterpretation of facts; a valid defence.
Double Jeopardy: Being tried twice for the same offence.
Alibi: A defendant demonstrating that they were elsewhere at the time of a crime.
Entrapment: When the police tricks someone into committing a crime they would not have committed otherwise.
Aboriginal/Treaty Rights: Rights regarding resources (hunting, fishing, etc.)
Extrajudicial Measures: Alternative ways to deal with youth crime, outside the courts.
Extrajudicial Sanctions: Community-based programs as an alternative to court.
Trial by Ordeal and Trial by Ordeal Bean: Ancient practices, no longer legal processes.

Chapter 11 Sentencing Procedures

Protection of the Public: Focus of sentencing to protect society.
Retribution: Punishment for crime; vengeance.
Restorative Justice: Reconciliation with victims.
Specific Deterrence: Prevents criminals from repeating the crime.
General Deterrence: Stops others from committing the crime.
Rehabilitation: Improves the offender.
Restitution: Compensation/payment for harm caused.
Denunciation: Condemning criminal activity.
Perspectives to Consider: Factors such as the offender, impact on victims, and society's well-being when sentencing.
Pre-Sentence Report: Background information on the convicted person.
Psychiatric Assessment: Mental health evaluation for the convicted person.
Victim Impact Statement: Victim's statement about loss and harm.
Sentencing Hearing: The judge reviews all factors for final verdict.
Aggravating and Mitigating factors: Specific circumstances that can increase or decrease severity of the sentence.

Chapter 12 - Criminal Law and Young People

Young Offender: A person aged 12-18 who breaks a law, this is different than an adult criminal.
Youth Sentence: This is different than an adult sentencing.

Sentencing Considerations

Types of Traditional Sentences: Absolute discharge, probation, suspended sentences, intermittent sentences, binding over, deportation, fines, suspension of privileges, incarceration, parole, conditional release, temporary absence.
When offenders be eligible for parole and pardons: This vary from case to case.

Other Key Considerations, Processes, or Procedures

Extrajudicial Measures: alternatives to the criminal justice system (community programs, etc.)
Burden of Proof: the obligation of the prosecution to prove the defendant's guilt.

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This quiz covers essential topics related to legal procedures and courtroom roles. Test your understanding of the responsibilities of prosecutors, the function of juries, and the requirements for witnesses in a trial. Perfect for students of law or anyone interested in the judicial system.