Podcast
Questions and Answers
What is the primary cause of wrongful convictions?
What is the primary cause of wrongful convictions?
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
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.
Signup and view all the answers
What type of false confession occurs without any pressure from the police?
What type of false confession occurs without any pressure from the police?
Signup and view all the answers
What psychological techniques can lead to a coerced-compliant false confession?
What psychological techniques can lead to a coerced-compliant false confession?
Signup and view all the answers
Match the types of false confessions with their definitions:
Match the types of false confessions with their definitions:
Signup and view all the answers
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.
Signup and view all the answers
What percentage of defendants plead guilty?
What percentage of defendants plead guilty?
Signup and view all the answers
The Crown has the burden of proof in a preliminary hearing.
The Crown has the burden of proof in a preliminary hearing.
Signup and view all the answers
What is the purpose of a preliminary hearing?
What is the purpose of a preliminary hearing?
Signup and view all the answers
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 ____.
Signup and view all the answers
What is one limitation of the Big House design in prisons?
What is one limitation of the Big House design in prisons?
Signup and view all the answers
New Generation Design improves safety by incorporating CCTV cameras.
New Generation Design improves safety by incorporating CCTV cameras.
Signup and view all the answers
Match the type of plea bargain with its description:
Match the type of plea bargain with its description:
Signup and view all the answers
What is the primary goal of Dynamic Security in correctional facilities?
What is the primary goal of Dynamic Security in correctional facilities?
Signup and view all the answers
Which of the following is NOT an exemption from jury duty?
Which of the following is NOT an exemption from jury duty?
Signup and view all the answers
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.
Signup and view all the answers
Employers are legally required to pay employees during jury duty.
Employers are legally required to pay employees during jury duty.
Signup and view all the answers
What is jury nullification?
What is jury nullification?
Signup and view all the answers
Match the type of classification with its factors:
Match the type of classification with its factors:
Signup and view all the answers
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?
Signup and view all the answers
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.
Signup and view all the answers
Violence in correctional centers is uncommon and usually dealt with effectively.
Violence in correctional centers is uncommon and usually dealt with effectively.
Signup and view all the answers
How many jurors are selected for a trial?
How many jurors are selected for a trial?
Signup and view all the answers
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.
Signup and view all the answers
What factors are assessed during the objective classification of inmates?
What factors are assessed during the objective classification of inmates?
Signup and view all the answers
What is the primary goal of specialized courts?
What is the primary goal of specialized courts?
Signup and view all the answers
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?
Signup and view all the answers
Drug Treatment Courts only accept individuals charged with violent offenses.
Drug Treatment Courts only accept individuals charged with violent offenses.
Signup and view all the answers
Charges reserved for indictable offences are punishable by ___ years or more imprisonment.
Charges reserved for indictable offences are punishable by ___ years or more imprisonment.
Signup and view all the answers
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?
Signup and view all the answers
Match the jury payment rates by region:
Match the jury payment rates by region:
Signup and view all the answers
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.
Signup and view all the answers
Match the following sentences with their corresponding sentencing options:
Match the following sentences with their corresponding sentencing options:
Signup and view all the answers
Which of the following is NOT a factor considered under aggravating factors?
Which of the following is NOT a factor considered under aggravating factors?
Signup and view all the answers
Capital punishment was completely abolished in Canada in 1976.
Capital punishment was completely abolished in Canada in 1976.
Signup and view all the answers
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?
Signup and view all the answers
Under probation, individuals must keep the peace and be of good _____ .
Under probation, individuals must keep the peace and be of good _____ .
Signup and view all the answers
Which option represents a consequence of failing to comply with probation conditions?
Which option represents a consequence of failing to comply with probation conditions?
Signup and view all the answers
Which court in Canada primarily deals with serious offenses?
Which court in Canada primarily deals with serious offenses?
Signup and view all the answers
The Crown prosecutor represents the accused in criminal proceedings.
The Crown prosecutor represents the accused in criminal proceedings.
Signup and view all the answers
What does 'R' stand for in criminal proceedings?
What does 'R' stand for in criminal proceedings?
Signup and view all the answers
The right to legal representation is found in Section __.
The right to legal representation is found in Section __.
Signup and view all the answers
Match the following Sections with their rights:
Match the following Sections with their rights:
Signup and view all the answers
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?
Signup and view all the answers
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.
Signup and view all the answers
What is the goal of the Defense counsel in criminal proceedings?
What is the goal of the Defense counsel in criminal proceedings?
Signup and view all the answers
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 ___.
Signup and view all the answers
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?
Signup and view all the answers
In Canada, cameras are allowed in general court proceedings.
In Canada, cameras are allowed in general court proceedings.
Signup and view all the answers
What is the consequence for failing to adhere to a publication ban?
What is the consequence for failing to adhere to a publication ban?
Signup and view all the answers
Legal Aid is available in Canada for individuals with an income below __.
Legal Aid is available in Canada for individuals with an income below __.
Signup and view all the answers
Match the following types of recognizances with their description:
Match the following types of recognizances with their description:
Signup and view all the answers
What is the primary goal of the Risk-Need-Responsivity Model?
What is the primary goal of the Risk-Need-Responsivity Model?
Signup and view all the answers
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.
Signup and view all the answers
What is the average length of a community sentence for offenders?
What is the average length of a community sentence for offenders?
Signup and view all the answers
The two types of correctional systems for adults are _____ and _____ systems.
The two types of correctional systems for adults are _____ and _____ systems.
Signup and view all the answers
Match the types of security risks in federal prisons with their descriptions:
Match the types of security risks in federal prisons with their descriptions:
Signup and view all the answers
Which of the following is a disadvantage of community sentences?
Which of the following is a disadvantage of community sentences?
Signup and view all the answers
Consecutive sentences are served at the same time.
Consecutive sentences are served at the same time.
Signup and view all the answers
How much does it cost to incarcerate a female federal offender annually?
How much does it cost to incarcerate a female federal offender annually?
Signup and view all the answers
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 _____?
Signup and view all the answers
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?
Signup and view all the answers
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
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.