Understanding the Judicial System

Goals of the Judicial System

• Objective is to provide a forum to obtain justice as defined by law
• Focus is to deal with issues in a way that is acceptable by court decision
• The aims are to retain and enhance public trust within the courts, judiciary, and law

Enhancing Public Trust

• Voice allows people to tell their side of the story before a decision
• Neutrality ensures judges practice transparency and are open about how rules are applied
• Respect involves treating cases with respect by judiciary
• Trust means judges listen and consider issues fairly

Powers of Defence Lawyers

• Full disclosure is ensured by the Crown
• All accused matters are fully explored/properly adjudicated
• All evidence is collected in accordance with constitutional standards
• All evidence related to the accused is presented at trial
• Crown witnesses are cross-examined
• The punishment is assessed to make sure it is proportionate to the crime
• All apparent trial errors are appealed

Powers of Crown Prosecutors

• Authority to detain the accused in custody
• Authority to instruct police to investigate alleged offenses
• Authority to decide whether or not to stay or proceed with charges
• Authority to negotiate pleas
• Authority to elect to proceed by way of summarily or by indictment
• Authority to decide whether or not to appeal a decision

Powers of Judges

• Deciding questions of fact
• Deciding questions of law
• Applying the law to facts
• Interpreting/applying the Charter

Criminal Trial Procedure: Opening Statement

• Criminal charges are read to jurors by a court employee
• Both prosecutor and defense lawyer can make opening statements to the jury

Criminal Trial Procedure: Trial Evidence

• Prosecution starts its case by presenting evidence
• Expert witnesses are specialists for case
• Real evidence are consisted of weapons, clothes, fingerprints, and photos
• Direct evidence are observations of eyewitnesses
• Circumstantial evidence can prove subsidiary fact

Criminal Trial Procedure: Defence, Arguments & Charge

• Defence lawyer gives evidence
• Criminal Code determines the argument presented by prosecution or defence
• Prosecution and Defence can offer evidence to prove or disprove defendant’s guilt
• The jury receives the definition of the crime

Criminal Trial Procedure: Other Key Info

• The defendant’s innocence is presumed
• The burden of proof lies with the prosecution
• The accused must be acquitted if there is still reasonable doubt
• If a jury is deadlocked, the judge is informed and declares a mistrial
• The judge sets a sentencing date if the verdict is guilty
• Jury nullification can occur if the court’s interpretation of the law is not followed

Appeals

• Accused may appeal if there a point of the law/factual errors
• The prosecution may appeal an acquittal, but not on the basis of a question of fact

Sentencing & Disposition

• Sentencing’s traditional elements must be enforced and legal
• The traditional elements must be imposed by a judge, and it can follow a criminal conviction
• The actual sanction in sentencing is a judicial determination

Purposes of Punishing Criminals

• The deserved infliction of suffering on evil doers
• Prevention of crime

Deterrence Types

• Protection of society through prevention of criminal acts
• Accomplished by punishing offenders
• Discouraging individual offenders from repeat offenses is specific deterrence
• General deterrence is a sentence that stops criminals

Rehabilitation & Justice Model

• Aim to treat offenders and return law-abiding citizens
• To “correct” behaviour through programs
• Offenders should be punished no more or less severely
• Severity depends on the severity of crime

Healing & Restoration

• Healing focuses on the equitable processes
• The Canada Law Commission views justice as “negotiation and agreement”
• Sentencing circles provide opportunity
• Restoration repairs harm as a result of a crime

Sentencing Options

• Imprisonment can be federal or provincial
• Intermittent is an intermittent basis as long as it does not exceed max of 90 days
• Fines can be levied by judges or independently
• Restitution and community service are reparations
• Offenders can fulfil sentence following conditions
• Offender and victim meet and discuss offence during restorative Justice
• Offenders are not considered convicted if have condition discharges

Community-Based Sanctions & Conditional Sentencing

• Non-criminal alternatives as an emphasis
• Suspended prison sentence for conditional cases
• This sentence is above probation, but less then imprisonment

Aggravating & Mitigating Circumstances

• Previous convictions and gang activity are aggravating circumstances
• Vulnerability of the victim and planning are aggravating circumstances
• Use of a threatening weapon and brutality are aggravating circumstances
• First-time offenders with employment records and rehabilitation efforts are mitigating circumstances
• Those with disadvantaged backgrounds and good character are mitigating circumstances
• Remorse is a mitigating circumstance
• The length of time for prosecuting is a mitigating circumstance

Eyewitness Errors

• Main cause of wrongful conviction
• Recommendations propose bring about procedural reforms
• Five highlighted procedural issues
• Instructions
• Statement
• Documentation
• Line ups -Photo arrays

Procedures to improve the accuracy and reliability

• Recommendations is to video tape procedure
• In Canada, an admission is when entering custody
• May all or part serve of their sentence in the community in probation

Probation Orders & Conditions

• Probation order imposed is single or split
• In Canada, probation is following requirements:
• Suspended sentence
• In order to have law behaviour they must remain in place
• Probation is for a violent crime with appropriate conditions and response to sentencing

Conditional Sentencing

• Conditional sentence can have house arrest
• In order to sentence for community
• Mandatory and appropriate conditions

Sanctions & Monitoring

• Intense administration:
• Probation
• Confinement
• Electronic- monitoring
• Orders
• All above of sentence might commit offences in a correctional

Home Confinement & Fines

• Monitor offender: ignoring an agreement/ violating a curfew order
• Can be together with order, more then 5 years cant be done alone
• Why the community is there
• A significant of why the community is there with offenders cannot be fine
• Net pay as well as serious Weighted value

Restitution & Modern Prison

• Rest orders/ Victims is part of loss the offer
• All damage can be the courts decision

History of Prison

• 18 th century main reasons
• Trial and sentence
• Pay the debtor

Calculus for Hedonistic Nature

• Choose pleasure
• Action is needed to deter
• System criminal sentence

The Pennsylvania and Auburn prisons system

• They had 1 hour of day outside, in cells reading bible action
• This approach was point to negative psychological effects
• To reform through works
• Work together with silence
• Ultimately to teach

Inmates Treatment

• To be corrected to more positions
• Specialists with mental
• Believes of them with system

Anti Social Behaviour

• Eliminating coercive
• Corrections
• Inmates action
• Model with system

Lodges & Security

• People’s culture
• The needs and address
• The main focus and deterrence models
• It is maximum decisions tight control
• Operation

Security Concerns & Inmate Security

• Well being inmates and control
• All that may be harmful

Max Security & Risk

• Inmates could create serious har
• Medium escape and community risks
• Minimum the lowest for inmates

Intermittent Supervision & Interaction

• Officers walk to there cell
• Referred
• Supervision to min contact
• Constantly in the 1960s

Inmates Interaction & Supervision

• Cells with the hall way
• Pod designs of new gens
• All in triangle with common areas

Models for Supervision & Expectations

• Expectations the most rules and direct the staff
• Structure behaviour of rules
• Proper standards
• Traits The Centralized

Centralized Authority

• Share and in space same routines all at the body
• The main organized control
• Is to conform

Behaviour & assimilation

• Sexual conduct
• Integrate
• Hardship The Pains

Pains of Imprisonment that people Deal With

• Loss of services
• Relations
• Of safety

Interests of Inmates

• Do not lose head
• No exploiting and stay tough
• Support or have guards
• For or interests Factors

Factors

• More society internal or external
• Technical
• Ill equipped
• Offenders or rights

Recidivism & Incarceration

• Anticipation and crime value and belief
• Social or political

Achievment & Achievement Of The Young

• Needs are to be redivisited
• Educated, low support and supervision or not

Aboriginal Corrections

• Diverse interventions
• Four levels of assessment

Incarceration Prevention

• Reintegration

Assessment & Behaviour In Community

• Value and facilities
• In the risk need • Supervision Need targeting and styles

Styles of the Offender

• Proper application
• Needs of offenders • Assess and accountability • Identifying and planning

Programs & Single Risk Factors

• Programmes for single factor
• Employing and employment

Family Violence & Prevention

• The categories with high and low intensity levels
• Multi programs, indigenous groups, offenders

Component of Main Program

• Introducing
• Groups support of having trouble
• Motivation support and help understand
• Community is to learn of risk

Parole

• Any crime their conviction
• Inmate what done
• The inmate how to advantage the activities
• and institution and offences

Release & Detention

• Plans for all the inmates
• It is policy and risk
• Communication or pre release
• Mental to activity

Social Support & Pardons

• Factors includes problems solving, impulsivitity
• Changes has been made about terms

ReEntry Programs & Success

• • Preparing community and live
• • Incres risk of having
• • Pro-criminal
• • Difficult
• • Male

The programs

• • Need eligibility, identification
• • Active
• • Oversight
• • Support
• • Comunity help
• Incentives program success

Three main issues for women

• • Economic support of income
• • And programs or treatment

Re entry or racism

• Higher rate had no indiginious
• A different rate
• Is issues

Support for women

• Lack of appropriate skills
• No real help

Over offenders

• Young and remained
• Chronic offenders prisoned Most properties first time

To provide the clause

• Can application to serve sentences
• Eligibility right police

Accreditation

• Can have case with Cjs
• Time limits or trails

Act

• Incompetent Cjs culture

Facilitation and justice

• Bais it is with system

Justice to be happening

• Or accused of public safe
• Liberty

Changes and selection

• Challenging to challenge
• Have 10

The justice of what is there

• Have experience to make people find
• The community is in a good case
• And protect the people

Represention

• Select challenge to allow reject

The aid

• Is poor in discrimination
• Aids or what it has

It can be

• Judicare
• Public
• Mix

Issues With The System

• Underfunding

Overworked Costing of fees Delays in the court

Process of maximum jail

• There is the way that select and jail
• There is a a process
• Challenges through list
• Bill to help

Problems of the people

• More to be with job related and family

A speedy Trail

• Explanation length
• Prejudice waiver

Some are with

• In 18 months Trial can go to tv

Pleas Bargains

• 70 percent of baranings
• Sentence to charge or fact labels
• To save peoples saves
• Allows protection to court

Is plea bargaing better for the comuity

• it aint better
• and they do
• pressures and better to abuse
• And open to scrutiny

Utilitarian with objectives

• deterrence
• And reintegration

-Rules definition or guidelines

• Expressive is justice or revenge
• Economic to power

Gain Power with jailings

• All have treatment that is to be had
• Incarceration and deportation

Criminal codes of sentencings or crimes

• Criminal code , aggravating circumanstes
• Mitigating circumstances

Options in Jail in Canada

• Incrsenations
• Community services

14 to 15

• A increase in crimes
• The facts
• All has the sentence

Sentencing of Canadians

• Has sentencing guidelines
• Not in favour
• The rights
• The circles of justice
• Or deporting BILL-43

New Rules

• Amended in 2013
• More to jail then six months
• Or is in the country
• Can be in trouble

Punishment is how to treat?

• Young or if they had done it
• In prison for long amount of times

Correction between the correction

• Provencal
• Time
• And jails

In to help crime rates

• And to lower them

Jail is it needed to protect the community

• What levels is the ism of the protection
• What level

Main thing was crimes

• And it is more

Is the to change

• By society
• They have prison if the did crimes

Problems with American beliefs

• -Media
• -Budget
• -And groups
• -Radical or feared

To be in the media

• Is to get high for crime
• Influence

-A worldwide area

• Some jails don't allow
• For there votes
• Some do allow them to Vote

Death in jalls

• An prisoners were to be died
• A development or death

All to be in poverty

• -With crime
• -And jails
• Can be due to the crime or media for how we act

A plan all treatment

• If you believe more that then the society will stay
• But if not it is a problem

Are they a to help a to get better

• We have not the means for the job

Private prisons

• The normal history jail
• A company as a goal

There prisons in the jail and in

• The jail to be built and to be in good area to be safe

A business

• To make money

• What is the job of jails -to help or be stuck in time

• A cost or how to cut

• 80% is runs or set them to do.

• A code or a way to control.

Is to try and try

• to protect the good and not bad
• To jail people to hurt each other when they are down
• People will be put down and to get them down.
• What help can help the people that need to be safe and to live with the law

Is to not get a part

• To get back and be free
• To feel with there problems
• To feel like punishment to the jail

Are all is good with community and jail

• A is to keep community or jail
• For all can have or is just the all

What or can they just stay are get better

• Better job and life
• Help with needs
• The cost what to help there life’s

Has the community helped and hurt

• to have a life for the people and has hurt them
• The data is people are arrested for jobs
• Data has been good
• Surrey, Prince George police give data of incidents