Canadian Justice System Module 9 PDF

2023-01-07 Canadian Justice System Module 9 •Criminal Offences •Trial Procedure • Juries • Trials •Review 1 Review _______________ can lay an Information before a justice of the peace, if they have reasonable grounds, do it in writing and under oath. – A Crown Attorney a) An accused b) A police...

2023-01-07 Canadian Justice System Module 9 •Criminal Offences •Trial Procedure • Juries • Trials •Review 1 Review _______________ can lay an Information before a justice of the peace, if they have reasonable grounds, do it in writing and under oath. – A Crown Attorney a) An accused b) A police officer c) Anyone An appearance notice, promise to appear and recognizance are all forms of release. T or F _______________ means the obligation is on the accused to show cause why she/he should be released from custody. a) b) c) d) Judicial interim release Bail hearing Burden of proof Reverse onus 2 Review The criminal justice system component that handles “the system of convicted offenders” is called: a) Investigation and arrest b) Corrections c) Sentencing The official philosophy in the sentencing process is rehabilitation and punishment. T or F An arraignment is when the court clerk reads the Information in open court to the accused, listing the offence(s) he/she is charged with. T or F 3 1 2023-01-07 Review A prisoner who is released before serving their entire jail term is placed on: a) b) c) d) Parole Probation Community supervision Good behavior Selective incapacitation is the isolation of the offender from society. T or F An indeterminate sentence has: a) b) A fixed period of incarceration No fixed period of incarceration The Crown Attorney may order a publication ban, for safety reasons, for witnesses under the age of 18 and justice system participants. T or F 4 Review If the Crown Attorney conducts the examination in chief, who will conduct the re-examination? a) b) c) Crown attorney Defence counsel Judge Direct evidence is factual evidence from eyewitness testimony. T or F A closing argument is a process of summation, review and analysis of the evidence. T or F The charge to the jury is made by the: a) b) c) d) Judge Crown Attorney Defence lawyer Jury foreman 5 Review You must be a Canadian citizen, resident of that province and at least 21 years of age to be qualified to serve as a juror. T or F A jury will determine the length of the sentence for the accused. T or F The Crown or defence may appeal a sentence or fact of law. They have 30 days to file a notice of appeal. Once the notice has been filed the appeal court must hear the appeal. T or F If there is no merit to an appeal, the appeal court may refuse to hear it. T or F 6 2 2023-01-07 Review If the ___________ conducts the examination in chief, the _________________ will conduct the cross examination and the _______________ will conduct the re-examination. a) Crown attorney/defence lawyer/crown attorney b) defence lawyer/crown attorney/judge c) judge/crown attorney/defence lawyer d) defence lawyer/crown attorney/judge e) none of the above Intermittent sentences are periods of incarceration that may be served on weekends. T or F On application by a peace officer, a judge may permit the publication of a young offender’s name. T or F A precedent is a court decision that influences or binds future decision on the same or similar fact. T or F 7 Classification of Criminal Offences General classification – violent crime, property crimes, etc. Legal classification – indictable offences and summary conviction offences - hybrid or dual procedure offences - combines both I.O. & S.C.O 8 Classification of Criminal Offences Summary Conviction offences – minor offences Indictable offences - more serious in nature All are criminal offences – all are federal offences 9 3 2023-01-07 Trial Procedures What Court will hear the charge: • Summary conviction offences - J.P. or judge - alone - appear in person or - by representative to plead 10 Trial Procedures What Court will hear the charge: • Indictable offences – 3 categories 1. Exclusive jurisdiction, s. 469, eg. murder, treason, piracy - Superior Court - judge & jury, unless permitted by Crown 11 Trial Procedures What Court will hear the charge: • Indictable offences – 3 categories 2. Absolute jurisdiction, s. 553, eg. theft, fraud, possession - provincial court judge alone 12 4 2023-01-07 Trial Procedures What Court will hear the charge: • Indictable offences – 3 categories 3. Election offences (by accused) - offences not in 469 & 553, eg. robbery, sexual assault, impaired driving, & - Dual Proc. if elected indictable - judge with/without jury (superior court judge) - judge (provincial court judge) 13 Trial Procedures Preliminary Hearing - trials slated to go to superior court, - Exclusive/Election/dual - ind. Not automatic - must request – crown or defence - list of issues/witnesses to cover/question 14 Trial Procedures • Police investigate and charge but, Who has the final say as to whether it will go to trail? • Crown attorney - present all evidence to court - disclose all info to defence - impartial role - officer of the court 15 5 2023-01-07 Trial Procedures Crown attorney - proceed to trial - plea bargain - stay the proceedings - dismiss the charges 16 Trial Procedures Crown attorney – Screening Process - likely hood of conviction - physical evidence, confession, credible witnesses - Case priority – violent offender before vandal - Record of the accused - Nature/credibility of the witness 17 Trial Procedures Plea Bargain – “any agreement by the accused to plead guilty in return for the promise of some benefit” - lenient sentence - reduced number of charges - type of charge - prior or during trial 18 6 2023-01-07 Trial Procedures Plea Bargain - a joint submission - cost savings - frees up court time - prosecutor time 19 Trial Procedures Criminal Trial formal process, strictly following - rules of evidence - procedure - criminal law 20 Trial Procedures Criminal Trial • presumption of innocence • the right to - confront the accuser, victim, witness - to speedy trial - to a public trial 21 7 2023-01-07 Trial Procedures Publication Ban Ordered by the Judge WHY??? Accused – Preliminary hearing - exclude certain evidence - protect the right to a fair trial - tainting future jurors or judges 22 Trial Procedures Publication Ban Witnesses - protect under 18 - justice system participants - safety reasons 23 Trial Procedures Publication Ban Exclude public – interest of public morals, - admin. of justice - international relations - national defence or security 24 8 2023-01-07 Trial Procedures Publication Ban Certain sex offences - order ban on anything that would identify victim’s identity 25 Trial Procedures Publication Ban Young offender – ban on publication of offenders name peace officer may get permission from a Youth court judge to identify a young person if - danger to others and - to apprehend them 26 Trial Procedures By Jury - right to jury 300 yrs. old - enshrined in Charter, s. 11(f) - penalty is 5 yrs. or more - designed to protect accused from the power of the state 27 9 2023-01-07 Trial Procedures • Role of the Jury… • Role in Verdict - 2nd degree murder - parole eligibility - 10 to 25 yrs. 28 Trial Procedures Jury Trial Jury selection 1. Assemble list of persons - be at least 18 years old; - be a Canadian citizen; and - be a resident of the province 29 Trial Procedures Jury Trial Jury selection 2. List disqualified or exempt - police officer, lawyer convicted of certain criminal offences over 65 yrs. health full time student 30 10 2023-01-07 Trial Procedures Jury Trial Jury selection 3. Summoned from remaining list 4. Challenge by crown & defence - ensure impartial 31 Trial Procedures Jury Trial • Opening Statement Crown – outline the case, evidence, witnesses testimony Defence – highlight holes or outline alibis, innocence of client 32 Trial Procedures Jury Trial Witnesses - Examination in chief – either side presents witnesses’ evidence - Cross examination – questioned by opponent - to verify credibility & memory - Re-examination – to clarify, not to bring forth other evidence 33 11 2023-01-07 Trial Procedures Jury Trial Witness: Accused - right to remain silent - silence does not equal guilt 34 Trial Procedures Evidence • Real evidence – tangible exhibits, should be the original - weapons, clothing, fingerprints - photos & duplicates • The Best Evidence Rule 35 Trial Procedures Evidence • Direct evidence – factual evidence from eyewitness testimony • Circumstantial evidence – may allow a judge or jury to deduce a certain fact (Indirect evidence) eg. fingerprint, DNA, accused seen running from crime scene 36 12 2023-01-07 Trial Procedures Jury Trial - Rules of evidence -Judge will decide what evid. will hear in court - determine if evid. will bias the jury 37 Trial Procedures Closing Argument (s. 651) - process of summation, review & analysis of evidence Crown – prove guilt Defence – disprove case, raise reasonable doubt, discredit case 38 Trial Procedures Closing Argument (s. 651) Defence – addresses jury first, if offers evidence or defendant testifies Neither can comment on evid. not used 39 13 2023-01-07 Trial Procedures Charge to the Jury – by judge May include: - definition of crime/charge - presumption of innocence of accused - burden of proof on Crown 40 Trial Procedures Charge to the Jury – by judge - outline main evidence - their duty to remain fair & impartial - various verdicts they may reach - return unanimous verdict, or - reasonable doubt must acquit 41 Trial Procedures Charge to the Jury – by judge Pre-charge conference – judge, crown & defence - matters that should be explained & - what instructions to jury 42 14 2023-01-07 Trial Procedures Deliberation: - review evidence - render a verdict 43 Trial Procedures Verdict • Guilty • Innocence • Hung jury 44 Appeal – Crown or Defence - fact of law (interpretation) - the sentence (usually) 45 15 2023-01-07 Trial Procedures Appeals Summary Conviction offences - to superior court (from prov. court judge to federal court judge) - time limit 30 days to file notice of appeal 46 Trial Procedures Appeals Indictable offences - provincial court of appeal (if heard by prov. judge, federal judge with or without jury) - 30 days 47 Trial Procedures Appeals Court - no merit to appeal Sentence – uphold, reduce or increase Question/fact of law - uphold, order retrial, acquit 48 16 2023-01-07 Case Law - previous decisions made by judges at any level that forms a legal precedent Eg. R v. Stinchcombe 49 Precedent - a court decision that influences or binds future decisions on the same issue or similar fact Binding authority – mandatory Persuasive authority - discretionary 50 Trial Procedures Judge Alone trial Lowers courts – over 90% of criminal cases resolved without trial • Arraigned • Plea – guilty sentencing phase - or innocent trial phase • Crown calls first witness 51 17 2023-01-07 Trial Procedures In all cases the crown must prove a • Prima facia case - all facts-in-issue are proven - conviction recorded if defence does not raise reasonable doubt • Defence may or may not call evidence • Summation of evidence – crown then defence 52 Trial Procedures • Judge – determine guilt or innocence • Sentencing – submissions from crown & defence • Judge - sentence 53 Court Procedure in Criminal Case Sentencing • Imprisonment • Fines • Probation • Community service • Restitution • Combination of above 54 18 2023-01-07 Court Procedure in Criminal Case Sentencing After verdict prior to sentence: • Presentence report - ordered by the judge - completed by Probation & Parole officers 55 Court Procedure in Criminal Case • Presentence report - submit report to court - contains accused background, work, criminal record, family, community status 56 Review A precedent is a court decision that influences or binds future decision on the same or similar fact. T or F A court decision made by the Supreme Court of Canada is a ___________ to the Ontario Court of Appeal. a) b) Binding authority Persuasive authority Any proceedings against the accused shall be held in open court. The judge may exclude the public id s/he believes it is necessary for certain concerns such as national security. T or F 57 19 2023-01-07 Review A prima facia case is: a) b) c) d) When the Crown proves all the facts in issue When the crown rests their case When the trial has been completed and is set for deliberations When the summation of evidence is done An intermittent sentence is limited to a maximum of: a) b) c) d) 30 days 90 days 120 days 2 years less a day A person is convicted of two criminal offences. The judge sentences him to 6 months on each conviction. If he served a total of six months in jail the sentences were: a) b) Concurrent Consecutive 58 Review Recidivism focuses on the monetary gain of the offence and seeks to provide monetary penalties that far outweigh the benefits. T or F _____________ means the person has the authority to give it, it must be made voluntarily, the person must know they have the right to refuse and they must be aware of the consequences. a) b) c) d) Search incident to arrest Informed consent Exigent circumstances Investigative detention A prisoner received a term of imprisonment for 15 years and was subsequently given a statutory release. How many years in jail would the prisoner have completed? a) b) c) d) 3 years 5 years 7 years 10 years 59 Review The right to counsel is fundamental in our criminal justice system. If the accused waives this right, the _______ must make the accused fully aware of the consequences. a) b) c) d) Judge Crown Attorney Defence lawyer Police ____________________ is a common law authority to automatically search a person lawfully arrested and to seize any evidence found on that person. a) b) c) d) e) Doctrine of plain view Search incident to arrest Exigent circumstances Doctrine of recent possession Informed consent A police officer is able to pursue an accused person into a dwelling house, without a search warrant, to affect the arrest. This is referred to as: a) b) c) d) Fresh pursuit Exigent circumstances Search incident to arrest Doctrine of plain view 60 20