Podcast
Questions and Answers
What is the primary cause of wrongful convictions?
What is the primary cause of wrongful convictions?
- Corrupt Officers
- Faulty Eyewitness Testimony (correct)
- Rushing of the process
- Plea Deals
90% of people would confess to a crime they did not commit.
90% of people would confess to a crime they did not commit.
False (B)
Name one reason why eyewitnesses might not accurately recall an event.
Name one reason why eyewitnesses might not accurately recall an event.
Stress or poor vision
The __________ effect refers to the contamination of memory due to subjective questioning.
The __________ effect refers to the contamination of memory due to subjective questioning.
What type of false confession occurs without any pressure from the police?
What type of false confession occurs without any pressure from the police?
What psychological techniques can lead to a coerced-compliant false confession?
What psychological techniques can lead to a coerced-compliant false confession?
Match the types of false confessions with their definitions:
Match the types of false confessions with their definitions:
In high-stress situations, a witness's memory can become __________ and they may go blank.
In high-stress situations, a witness's memory can become __________ and they may go blank.
What percentage of defendants plead guilty?
What percentage of defendants plead guilty?
The Crown has the burden of proof in a preliminary hearing.
The Crown has the burden of proof in a preliminary hearing.
What is the purpose of a preliminary hearing?
What is the purpose of a preliminary hearing?
A plea bargain offers the accused a way to plead guilty in exchange for a ____.
A plea bargain offers the accused a way to plead guilty in exchange for a ____.
What is one limitation of the Big House design in prisons?
What is one limitation of the Big House design in prisons?
New Generation Design improves safety by incorporating CCTV cameras.
New Generation Design improves safety by incorporating CCTV cameras.
Match the type of plea bargain with its description:
Match the type of plea bargain with its description:
What is the primary goal of Dynamic Security in correctional facilities?
What is the primary goal of Dynamic Security in correctional facilities?
Which of the following is NOT an exemption from jury duty?
Which of the following is NOT an exemption from jury duty?
Inmates with a history of being _____ are at a higher risk of developing psychological problems.
Inmates with a history of being _____ are at a higher risk of developing psychological problems.
Employers are legally required to pay employees during jury duty.
Employers are legally required to pay employees during jury duty.
What is jury nullification?
What is jury nullification?
Match the type of classification with its factors:
Match the type of classification with its factors:
Which of the following is NOT a feature of the New Generation Design?
Which of the following is NOT a feature of the New Generation Design?
Jurors cannot discuss the details of jury deliberations after the trial due to the ____ rule.
Jurors cannot discuss the details of jury deliberations after the trial due to the ____ rule.
Violence in correctional centers is uncommon and usually dealt with effectively.
Violence in correctional centers is uncommon and usually dealt with effectively.
How many jurors are selected for a trial?
How many jurors are selected for a trial?
A jury can play a role in sentencing for any type of crime.
A jury can play a role in sentencing for any type of crime.
What factors are assessed during the objective classification of inmates?
What factors are assessed during the objective classification of inmates?
What is the primary goal of specialized courts?
What is the primary goal of specialized courts?
What is the maximum number of peremptory challenges allowed for high treason cases?
What is the maximum number of peremptory challenges allowed for high treason cases?
Drug Treatment Courts only accept individuals charged with violent offenses.
Drug Treatment Courts only accept individuals charged with violent offenses.
Charges reserved for indictable offences are punishable by ___ years or more imprisonment.
Charges reserved for indictable offences are punishable by ___ years or more imprisonment.
What is one consequence of breaching the requirements of a Drug Treatment Court program?
What is one consequence of breaching the requirements of a Drug Treatment Court program?
Match the jury payment rates by region:
Match the jury payment rates by region:
Scared Straight Programs have been found to be _____ in preventing future criminal behavior.
Scared Straight Programs have been found to be _____ in preventing future criminal behavior.
Match the following sentences with their corresponding sentencing options:
Match the following sentences with their corresponding sentencing options:
Which of the following is NOT a factor considered under aggravating factors?
Which of the following is NOT a factor considered under aggravating factors?
Capital punishment was completely abolished in Canada in 1976.
Capital punishment was completely abolished in Canada in 1976.
What is the most common type of sentence handed down in the justice system?
What is the most common type of sentence handed down in the justice system?
Under probation, individuals must keep the peace and be of good _____ .
Under probation, individuals must keep the peace and be of good _____ .
Which option represents a consequence of failing to comply with probation conditions?
Which option represents a consequence of failing to comply with probation conditions?
Which court in Canada primarily deals with serious offenses?
Which court in Canada primarily deals with serious offenses?
The Crown prosecutor represents the accused in criminal proceedings.
The Crown prosecutor represents the accused in criminal proceedings.
What does 'R' stand for in criminal proceedings?
What does 'R' stand for in criminal proceedings?
The right to legal representation is found in Section __.
The right to legal representation is found in Section __.
Match the following Sections with their rights:
Match the following Sections with their rights:
Which of the following is a right granted to an accused charged in Canada?
Which of the following is a right granted to an accused charged in Canada?
A defendant in Canada can be compelled to testify against themselves in court.
A defendant in Canada can be compelled to testify against themselves in court.
What is the goal of the Defense counsel in criminal proceedings?
What is the goal of the Defense counsel in criminal proceedings?
An accused individual can be denied bail if there is a risk of ___.
An accused individual can be denied bail if there is a risk of ___.
Which of the following is NOT a reason for imposing a publication ban in court?
Which of the following is NOT a reason for imposing a publication ban in court?
In Canada, cameras are allowed in general court proceedings.
In Canada, cameras are allowed in general court proceedings.
What is the consequence for failing to adhere to a publication ban?
What is the consequence for failing to adhere to a publication ban?
Legal Aid is available in Canada for individuals with an income below __.
Legal Aid is available in Canada for individuals with an income below __.
Match the following types of recognizances with their description:
Match the following types of recognizances with their description:
What is the primary goal of the Risk-Need-Responsivity Model?
What is the primary goal of the Risk-Need-Responsivity Model?
Community sentences can only be given to offenders who are serving sentences under 1 year long.
Community sentences can only be given to offenders who are serving sentences under 1 year long.
What is the average length of a community sentence for offenders?
What is the average length of a community sentence for offenders?
The two types of correctional systems for adults are _____ and _____ systems.
The two types of correctional systems for adults are _____ and _____ systems.
Match the types of security risks in federal prisons with their descriptions:
Match the types of security risks in federal prisons with their descriptions:
Which of the following is a disadvantage of community sentences?
Which of the following is a disadvantage of community sentences?
Consecutive sentences are served at the same time.
Consecutive sentences are served at the same time.
How much does it cost to incarcerate a female federal offender annually?
How much does it cost to incarcerate a female federal offender annually?
If an offender breaches the conditions of their community sentence, they serve the remainder of their sentence in _____?
If an offender breaches the conditions of their community sentence, they serve the remainder of their sentence in _____?
Which of the following is NOT a disadvantage for victims in cases of community sentences?
Which of the following is NOT a disadvantage for victims in cases of community sentences?
Flashcards
Wrongful Conviction
Wrongful Conviction
A finding of guilt for a crime not committed.
Faulty Eyewitness Testimony
Faulty Eyewitness Testimony
Inaccurate accounts of events, a leading cause of wrongful convictions.
Misinformation Effect
Misinformation Effect
Memory distortion due to outside influences, like suggestions.
Voluntary False Confession
Voluntary False Confession
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Coerced-Compliant False Confession
Coerced-Compliant False Confession
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Coerced-Internalized False Confession
Coerced-Internalized False Confession
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Causes of wrongful convictions
Causes of wrongful convictions
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Plea Deals
Plea Deals
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Crown Prosecutor's Goal
Crown Prosecutor's Goal
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Defense Counsel's Goal
Defense Counsel's Goal
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R. in Legal Proceedings
R. in Legal Proceedings
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Section 10(b) - Legal Representation
Section 10(b) - Legal Representation
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Section 11(b) - Reasonable Trial Time
Section 11(b) - Reasonable Trial Time
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Section 11(c) - Witness Testimony
Section 11(c) - Witness Testimony
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Section 11(d) - Public Hearing
Section 11(d) - Public Hearing
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Publication Ban
Publication Ban
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Section 11(e) - Bail
Section 11(e) - Bail
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Section 11(f) - Jury Trial
Section 11(f) - Jury Trial
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Section 13 - Self-Incrimination Protection
Section 13 - Self-Incrimination Protection
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Judicial Interim Release
Judicial Interim Release
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Bail Recognizances
Bail Recognizances
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Arraignment
Arraignment
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Preliminary Hearing
Preliminary Hearing
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Plea Bargain
Plea Bargain
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Charge Plea Bargain
Charge Plea Bargain
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Court Plea Bargain
Court Plea Bargain
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Sentence Plea Bargain
Sentence Plea Bargain
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Procedural Plea Bargain
Procedural Plea Bargain
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Jury Trial Eligibility
Jury Trial Eligibility
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Jury Duty Exemption
Jury Duty Exemption
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Jury Challenge for Cause
Jury Challenge for Cause
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Jury Challenge Peremptory
Jury Challenge Peremptory
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Jury Nullification
Jury Nullification
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Mistrial/Hung Jury
Mistrial/Hung Jury
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Jury Sequestration
Jury Sequestration
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Specialized Courts
Specialized Courts
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Drug Treatment Courts (DTC)
Drug Treatment Courts (DTC)
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DTC Eligibility
DTC Eligibility
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Graduated Sanctions
Graduated Sanctions
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Scared Straight Programs
Scared Straight Programs
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Sentence Proportionality
Sentence Proportionality
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Aggravating Factors
Aggravating Factors
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Mitigating Factors
Mitigating Factors
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Absolute Discharge
Absolute Discharge
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Conditional Discharge
Conditional Discharge
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Segregation Units
Segregation Units
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PTSD in Prison
PTSD in Prison
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Big House Design
Big House Design
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New Generation Design
New Generation Design
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Dynamic Security
Dynamic Security
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Prison Classification
Prison Classification
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Objective Classification Factors
Objective Classification Factors
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Subjective Classification Factors
Subjective Classification Factors
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Risk-Need-Responsivity Model
Risk-Need-Responsivity Model
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Criminogenic Factors
Criminogenic Factors
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Conditional Sentence
Conditional Sentence
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Mandatory Conditions (Conditional Sentence)
Mandatory Conditions (Conditional Sentence)
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Optional Conditions (Conditional Sentence)
Optional Conditions (Conditional Sentence)
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Advantages of Conditional Sentence (Offender)
Advantages of Conditional Sentence (Offender)
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Disadvantages of Conditional Sentence (Offender)
Disadvantages of Conditional Sentence (Offender)
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Concurrently (Sentences)
Concurrently (Sentences)
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Consecutively (Sentences)
Consecutively (Sentences)
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Totality Principle
Totality Principle
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Study Notes
Wrongful Convictions
- Definition: A finding of guilt for a crime not committed.
- Causes:
- Rushing of the legal process
- Plea bargains
- Systemic biases in the justice system
- Corrupt officers
- Faulty eyewitness testimony (leading cause):
- Memory loss/contamination from time, external influences (media), or other witnesses.
- Stress-induced memory lapses.
- Suggestibility during questioning, substance use.
- Visual limitations (poor lighting, distance, etc.).
- Weapon focus effect (attention on weapon distracts from other details).
- False Confessions:
- Voluntary false confessions: Confessions without pressure (e.g., gang threats, protecting others).
- Coerced-compliant false confessions: Confessions due to intense interrogations (duration, deprivation), deception (false evidence), or promises of leniency.
- Coerced-internalized false confessions: False belief of guilt due to interrogation tactics (repetitive questioning, authority figures).
- Misinformation effect: Memory contamination through suggestive questioning, news, or other influences.
Canada vs. America
- Canadian courts differ from American courts:
- No gavel used; defense and prosecution remain seated.
- Structure of the Canadian Criminal Justice System (CCS):
- Provincial Courts: minor offenses, summary convictions.
- Superior Courts: more serious offences.
- Court of Appeal.
- Supreme Court of Canada (in Ottawa).
- Common adult court offenses: impairment, theft, assault.
Criminal Proceedings
- Crown prosecutor represents: the state/government.
- Crown prosecutor goal: prove "beyond a reasonable doubt" that the accused committed the crime intentionally.
- Defense counsel goal: raise doubt.
- R. stands for: Regina (Queen) or Rex (King).
Charter of Rights and Freedoms (Sections)
- Section 10(b): Right to legal representation (access to Legal Aid, mostly for low-income individuals).
- Section 11(b): Right to a trial within a reasonable time (summary conviction: 18 months; indictable: 30 months).
- Section 11(c): Right against self-incrimination; accused not required to testify.
- Section 11(d): Right to a public hearing by an impartial tribunal (open court principle —general courts in Canada are open, only Supreme Court permits cameras). Publication bans are permitted in certain cases (protect minors, organized crime, vulnerable witnesses, the privacy of the justice system participants). Breach of a publication ban results in a fine or jail time.
- Section 11(e): Right to reasonable bail.
- Section 11(f): Right to a jury trial (for offences with 5+ years potential imprisonment).
- Section 13: Witness protected against self-incrimination in future proceedings (except perjury).
Judicial Interim Release
- Definition: Release from detention while awaiting trial.
- Conditions: Specific restrictions (e.g., location, contact, drug use, etc.).
- Detention rationale: risk of flight, re-offending, endangering the public, undermined public trust.
- Types of Recognizances:
- Recognizance without deposit (promise to appear).
- Recognizance with deposit (money with the court).
- Surety (another person ensures appearance).
Arraignment
- Definition: Accused formally charged and informed of charges.
- Plea options: Guilty, Not Guilty.
- Plea bargain prevalence: ~90% of defendants plead guilty.
Preliminary Hearing
- Definition: Determining if sufficient evidence exists for a trial.
- Used for indictable offences only.
- Crown does not need to prove "Guilt Beyond Reasonable Doubt."
Plea Bargains
- Definition:Agreement to plead guilty for some benefit.
- Types: Charge, Court, Sentence, Procedural.
- Advantages: Efficiency, punishment certainty, financial/resource savings.
- Disadvantages: Potential for wrongful convictions, lack of victim input, opaqueness, and power imbalance.
Jury
- Eligibility: Canadian citizen, 18+, resident of the trial area, no criminal record for indictable offences.
- Exemptions: lawyers, students of law, police, correctional officers, coroners, certain professionals, Armed Forces members, Senators/MPs.
- Financial implications of jury service.
- Section 11(f) requirement for jury trial.
- Selection process (challenges for cause, peremptory challenges).
Specialised Courts and DTCS
- Examples: youth courts, DUI courts, drug treatment courts (DTCs).
- DTC eligibility: Drug addiction, non-violent offenses, guilty plea, acceptance of treatment, frequent court appearances, random urinalysis.
- DTC outcome: successful —> non-custodial sentence, charges stayed, unsuccessful —> traditional court.
Scared Straight Programs
- Ineffective: research shows lack of long-term impact, dramatization, addressing root problems.
Sentencing Options
- Absolute/Conditional Discharge (no conviction, often for minor or first-time offenders).
- Suspended sentences (stays recorded, need conditions to be met).
- Community service; fines; restitution.
- Capital punishment (abolished, costs more than incarceration, considered contradictory and inhumane).
- Probation conditions may include mandatory (keep the peace, report regularly), or optional (e.g., treatment, curfew, drug testing).
- Risk-Need-Responsivity model for more effective probation.
Incarceration
- Statistics (highest rates in US, lowest - Finland, Japan, Iceland).
- Types of custody: provincial (less than 2 years); federal (2+ years).
- Costs of federal incarceration (higher for females due to fewer offenses).
- Consecutive vs. concurrent sentences.
- Totality principle in sentencing.
- Cruel and unusual punishment: limitation on consecutive life sentences.
- Prison security levels (Minimum, Medium, Maximum).
- Special Handling Unit (SHU) as Canada's most secure prison section.
Chapter 9 (Institutional Safety and Security)
- Aims of correctional facilities: rehabilitate, not harm more
- Violence/trauma prevalence in correctional facilities.
- Facility design evolution:
- 1970s "Big House": limited direct officer observation.
- Today(modern) design: better observation, enhanced monitoring.
- Importance of dynamic security (direct supervision); positive staff-inmate interactions.
- Assessment and classification: risk assessment for appropriate placement, considers suicide risk, health, intoxication, injuries, escape.
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Description
Explore the complex causes and consequences of wrongful convictions. This quiz covers critical factors such as systemic biases, false confessions, and the reliability of eyewitness testimony. Enhance your understanding of this significant issue within the justice system.
