Podcast
Questions and Answers
What is the primary role of the Judge in a criminal court case?
What is the primary role of the Judge in a criminal court case?
- To represent the accused during the trial
- To ensure the trial is conducted properly (correct)
- To present evidence for the Crown
- To determine the guilt or innocence of the accused
What must the jury achieve to find someone guilty?
What must the jury achieve to find someone guilty?
- Consensus among all court participants
- A simple majority
- A decision based on majority opinion
- A unanimous verdict (correct)
Which party brings the case to court in a criminal trial?
Which party brings the case to court in a criminal trial?
- The Court Clerk
- The Crown Attorney (correct)
- The Defense Counsel
- The Judge
What type of evidence includes eyewitness accounts?
What type of evidence includes eyewitness accounts?
Which of the following statements about character evidence is true?
Which of the following statements about character evidence is true?
What happens during the process of Voir Dire?
What happens during the process of Voir Dire?
Which type of evidence is NOT admissible in court?
Which type of evidence is NOT admissible in court?
What role does the Court Clerk play in a criminal trial?
What role does the Court Clerk play in a criminal trial?
What is one reason the defense might argue for intoxication as a defense?
What is one reason the defense might argue for intoxication as a defense?
What is the role of the Sheriff in the court process?
What is the role of the Sheriff in the court process?
Which defense could be used to argue that a person was acting out of necessity?
Which defense could be used to argue that a person was acting out of necessity?
Which type of sentence allows the accused to avoid a criminal record if they conform to certain conditions?
Which type of sentence allows the accused to avoid a criminal record if they conform to certain conditions?
What is one of the qualifications required to serve as a juror in Ontario?
What is one of the qualifications required to serve as a juror in Ontario?
What type of sentence involves the accused being released under specific conditions rather than serving jail time?
What type of sentence involves the accused being released under specific conditions rather than serving jail time?
Which statement best describes the concept of plea bargaining?
Which statement best describes the concept of plea bargaining?
Which of the following is NOT a type of defense mentioned?
Which of the following is NOT a type of defense mentioned?
What are some exemptions from jury duty?
What are some exemptions from jury duty?
What type of questions are used during direct examination?
What type of questions are used during direct examination?
Which of the following best describes the role of a defense attorney in a trial?
Which of the following best describes the role of a defense attorney in a trial?
What is the purpose of extrajudicial measures in the youth criminal justice system?
What is the purpose of extrajudicial measures in the youth criminal justice system?
What does binding precedent mean in legal terms?
What does binding precedent mean in legal terms?
Which of the following can defense attorneys object to during a trial?
Which of the following can defense attorneys object to during a trial?
What is one characteristic of the Youth Criminal Justice system?
What is one characteristic of the Youth Criminal Justice system?
What does the term 'wrongful conviction' refer to?
What does the term 'wrongful conviction' refer to?
Flashcards
The Accused
The Accused
The individual facing criminal charges in a court case.
The Judge
The Judge
The person responsible for leading the trial, ensuring fairness and following legal procedures.
The Jury
The Jury
A group of citizens selected randomly to decide if the accused is guilty. They listen to evidence and make a unanimous decision.
The Crown Attorney
The Crown Attorney
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The Defence Counsel
The Defence Counsel
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Direct Evidence
Direct Evidence
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Circumstantial Evidence
Circumstantial Evidence
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Character Evidence
Character Evidence
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Mental Disorder Defense
Mental Disorder Defense
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Automatism Defense
Automatism Defense
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Intoxication Defense
Intoxication Defense
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Justification Defense
Justification Defense
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Sentencing
Sentencing
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Probation
Probation
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Unconditional Discharge
Unconditional Discharge
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Conditional Discharge
Conditional Discharge
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Suspended Sentence
Suspended Sentence
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Electronic Monitoring
Electronic Monitoring
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Binding Over
Binding Over
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Deportation
Deportation
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Fines
Fines
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Suspension of Privileges
Suspension of Privileges
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Incarceration
Incarceration
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Plea Bargaining
Plea Bargaining
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Juror's Oath
Juror's Oath
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Crown's Opening Statement
Crown's Opening Statement
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Direct Examination
Direct Examination
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Cross-Examination
Cross-Examination
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Defense Response
Defense Response
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Objections to Evidence
Objections to Evidence
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Extrajudicial Measures
Extrajudicial Measures
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Precedent
Precedent
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Study Notes
The Player in a Criminal Court Case
- The judge oversees the trial, ensuring proper conduct and upholding everyone's rights; the judge hears evidence, questions witnesses, and delivers a guilty or not-guilty verdict, then decides the sentence.
- In some cases, a jury determines guilt or innocence based on presented evidence, and jurors must reach a unanimous decision.
- The Crown Attorney represents the government, presenting evidence to prove the accused's guilt "beyond a reasonable doubt".
- The Defense Counsel represents the accused, protects their rights, and highlights weaknesses in the prosecution's case, aiming for a lighter sentence.
- The court clerk handles paperwork, sworn witness testimonies, and courtroom procedures. Court reporters record everything that happens in court
Types of Evidence
- Direct evidence comes from eyewitness accounts.
- Circumstantial evidence allows for conclusions; e.g., character evidence.
Defences
- Mental disorder/mental states, such as in R v. Kachkar
- Automatism: actions without awareness (e.g., R v. Parks)
- Intoxication, a limited defence.
- Justification, such as self-defense.
Sentencing
- The judge determines the appropriate punishment. Factors influencing sentencing decisions include protection of the public, retribution, deterrence, rehabilitation, and restitution.
The Sheriff and Witnesses
- The sheriff facilitates court administration and brings parties to court.
- Witnesses testify about observed events, and opinions are excluded unless they're expert testimony.
The Criminal Trial Process
- The Crown outlines the case and evidence.
- Direct examination of witnesses occurs.
- Cross-examination of witnesses tests the accuracy of statements.
- Defendants present their case; witness testimonies and evidence are presented.
The Role of the Jury
- Jury members are qualified citizens, and exempt members (lawyers, correctional staff) are excluded.
- The jury's role is to reach a verdict based on the evidence presented.
Other Information
- Factors (mitigating/aggravating) that influence sentencing decisions
- Sentencing options: probation, conditional discharge, suspended sentence, electronic monitoring, and other legal options.
- Plea bargaining, where an accused pleads guilty for a lighter sentence
- Youth Criminal Justice Act, which addresses youth crime under 18
- Protection of the Public, Retribution, Deterrence, Rehabilitation, and Restitution
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