Canadian Justice System PDF

2023-02-04 Canadian Justice System Module 5 • Continue the three CJS agencies • Courts & Corrections • Trial Procedures •Roles and Review 1 Supreme Court of Canada 2 1 2023-02-04 Criminal Justice System - Courts Supreme Court of Canada - final authority over all law, - highest court in Cana...

2023-02-04 Canadian Justice System Module 5 • Continue the three CJS agencies • Courts & Corrections • Trial Procedures •Roles and Review 1 Supreme Court of Canada 2 1 2023-02-04 Criminal Justice System - Courts Supreme Court of Canada - final authority over all law, - highest court in Canada, - hears appeals from across Canada - does NOT hold trials - SCC judgements are final 3 Courts - Adversarial System • • • • Crown attorney vs. Defence lawyer Debate the facts/evidence Heard by impartial Judge. Designed to search for the truth Determine: Guilt or Innocence 4 2 2023-02-04 Courts - Adversarial System Burden of proof - the state - the Crown Attorney Level of Proof (criminal law) - beyond a reasonable doubt (NOT REASONALBE GROUNDS) 5 Criminal Justice System Due process – (in law) • system of following established rules • To obtain fair justice for all • AND protect legal & human rights • Considered innocent until proven guilty 6 3 2023-02-04 Criminal Justice System - Corrections 7 8 4 2023-02-04 Corrections Imprisonment includes: Jail term – incarceration Statutory Release – released into community after serving 2/3rds of incarceration Parole – release prior to serving full sentence of incarceration (managed by corrections) 9 Corrections 43 Federal institutions • six maximum security • nine medium security • five minimum security • 12 multilevel security • 11 clustered institutions • 91 parole offices and sub-parole offices • 15 community correctional centres. • four healing lodges 10 5 2023-02-04 Corrections in Ontario • 14 Federal institutions 11 male & 3 female • 31 Provincial adult facilities • Young Offender facilities 11 12 6 2023-02-04 Criminal Justice System - Corrections Official Philosophy in Sentencing - rehabilitation & - deterrence 13 Criminal Justice System Presumption of innocence Conduct • fair, • efficient, • accountable, • participatory and • protective of the legal rights 14 7 2023-02-04 Criminal Procedure How criminal justice agencies operate: - Interrogation of suspects - Gathering of evidence - Processing the accused through courts 15 Criminal Procedure Canadian Criminal Procedure has 2 major parts: Pretrial and Trial 16 8 2023-02-04 Pretrial Procedures Concerned with: • • • • Arrest and court appearance Detention Bail or Custody Fitness Hearings 17 Pretrial Procedures Concerned with: • First court appearance ARRAIGNMENT • Indictment • Preliminary hearing KNOW What they are and who decides on them 18 9 2023-02-04 Trial Procedures Concerned with: • Trial • Sentencing • Incarceration 19 Court Procedure in Criminal Case Investigation & Arrest Stage Crime – 1st, it must be report Investigation – “suspended”, “unfounded”,“cleared otherwise”, “cleared by charge” Arrest – “suspension of the individuals rights and freedoms” 20 10 2023-02-04 (usually police) Court Procedure in Criminal Case Laying a Charge Who can lay an Information? • • • • anyone (usually police) before a justice of the peace in writing & under oath on reasonable grounds 21 Court Procedure in Criminal Case Investigation & Arrest Stage • • Arrest – release or hold for bail hearing Release or Detain via any number of forms/methods 22 11 2023-02-04 Court Procedure in Criminal Case Forms of Release to Compel Accused to Court - Appearance Notice used by a police officer on the street Promise to Appear (PTA) used by officer-in-charge (OIC) of station, with or without conditions (OIC Undertaking adds conditions) Recognizance used by a Judge or Justice of the Peace with conditions Criminal Summons used to compel someone who hasn’t been arrested Unconditional when no charge(s) laid…”you’re free to go”. 23 Court Procedure in Criminal Case Bail Hearing - judge or JP will decide release or detention, not guilt or innocence Judicial interim release hearing 24 12 2023-02-04 Court Procedure in Criminal Case Pre-trial where Accused is In Custody -within 24 hrs must be brought before Justice of the Peace -determine question of bail 25 Court procedures in Criminal Case Trial Procedures Arraignment – the Information is read in open court to the accused Enters Plea – Accused enters plea after arraignment 26 13 2023-02-04 Court procedures in Criminal Case Trial Procedure Preliminary Hearing - electable offences - judge or judge with jury 27 Court procedures in Criminal Case Preliminary Hearing • not a trial, it is an inquiry • heard by Provincial Court Judge • to determine whether or not the crown has sufficient evidence to proceed to trial • “committed to trial” or free to go • waived by accused only 28 14 2023-02-04 Court procedures in Criminal Case Indictment – accused sent to trial if judge decides sufficient evidence at Prelim 29 Court procedures in Criminal Case Trial Procedure Preliminary Hearing • If insufficient evidence, ends that Information • Accused may be tried on another Information with new evidence 30 15 2023-02-04 Criminal Justice System 31 Court Procedures in Criminal Cases Trial Procedures Guilty Plea Not Guilty Sentencing Trial 32 16 2023-02-04 Court Procedures in Criminal Cases Adjudication • judge reviews evidence & arguments to determine guilt or innocence of the accused Trial • Provincial Court - Judge • Superior Court - Judge with or without a Jury 33 Court Procedure in Criminal Case Trial • Acquitted – innocent • Convicted - guilty • Mistrial – usually Judge & Jury trial, deadlocked jury, death of juror or a serious procedural and prejudicial mistake • If declared - like trial never occurred 34 17 2023-02-04 Court Procedures in Criminal Cases Sentencing • options • guidelines 35 Court Procedures in Criminal Cases Incarceration - Jail - Parole - Statutory release 36 18 2023-02-04 Corrections Placement (what jail system) - Federal system (two yrs. or more) or - Provincial system (two yrs. less a day) 37 Roles in the CJS Police - “social agent” assisting public - “crime fighter” arresting & charging 38 19 2023-02-04 Roles… Police (Police Services Act) • • • • Preserve the peace Crime prevention Assist victims of crime Apprehend criminals 39 Roles… Victim (under criminal law) • a person against whom a criminal act has been perpetrated 40 20 2023-02-04 Roles… Witness • anyone who can provide information on various aspects of the offence that is under consideration by the court • police, non-police, victims, experts 41 Roles… Crown Attorney (lawyer) • the prosecutor who acts on behalf of the government in prosecuting criminal charges • enforce the law & maintain justice 42 21 2023-02-04 Review 43 Review The criminal justice system is made up of three components: police, courts and corrections. T or F The Criminal Justice System is how Canadian’s respond to crime and the measures we take to control criminal behaviour. T or F Influences on the Canadian Criminal Justice System include police, courts and corrections. T or F “Social control” is a term commonly used that refers to organized reactions to behaviour that violates our criminal laws. T or F The purpose of the Criminal Justice System is: a) to control crime, which to a large part is achieved by the arrest, prosecution and punishment of those who commit crimes b) to prevent crime, which is largely accomplished by punishing offenders in hopes that it will deter them and others from committing criminal acts c) to maintain justice, in general terms justice means that all citizens are equal before the law and that they will be protected from arbitrary decisions made by those working in the Criminal Justice System d) a and c e) all of the above Disparity is the lack of uniformity in legal representation. T or F 44 22 2023-02-04 Review ____________ ________ refers to the accuracy or correctness of the decision or outcome of the trial. a) Substantive justice b) Procedural justice An example of a Municipal police service is: a) Niagara Regional Police Service b) Royal Canadian Mounted Police c) Canadian Security Intelligence Service (CSIS) d) Royal Newfoundland Constabulary An example of a Provincial police service is: a) Niagara Regional Police Service b) Royal Canadian Mounted Police c) Canadian Security Intelligence Service (CSIS) d) Royal Newfoundland Constabulary An example of a Federal police service is: a) Niagara Regional Police Service b) Royal Canadian Mounted Police c) Canadian Security Intelligence Service (CSIS) d) Royal Newfoundland Constabulary 45 Review The hallmark of the court system is that it is a place where all defendants are to be a) convicted b) treated fairly and equally c) sentenced d) remanded in custody e) none of the above Canadian courts can be classified into three levels: Municipal, Provincial, and Federal. T or F The court where an accused could be tried by a judge and jury is: a) Provincial Court b) Superior Court c) Supreme Court of Canada The _____________ Court will hear approximately 90% of all criminal offences. a) Provincial Court b) Superior Court c) Supreme Court of Canada The Ontario Court of Appeal will hear trials from across Ontario. T or F 46 23 2023-02-04 Review The Superior Court will hear all divorce and custody issues. T or F The adversarial system pits the crown attorney against the defence lawyer to debate the facts and evidence of the case in an effort to search for the truth to determine guilt or innocence of the accused. T or F The level of proof in criminal courts is referred to as “reasonable grounds”. T or F The burden of proof is on the: a) Police b) Judge c) Jury d) Crown Attorney e) Defence lawyer An offender’s sentence expires only after he or she has completed their term of incarceration. Statutory release and parole are not considered in their term of incarceration. T or F 47 Review The Criminal Justice System component that handles “the system of convicted offenders” is called: a) police b) corrections c) sentencing d) adjudication The official philosophy in the sentencing process concerns rehabilitation and deterrence. T or F _____________ is the release of an offender into the community after he or she has server two-thirds of his or her sentence of incarceration. a) Parole b) Community service c) Statutory release d) Expiration of sentence e) Discharge Criminal Procedure is concerned with how criminal justice agencies operate during the criminal process including things like a) interrogation of suspects b) gathering of evidence c) processing of the accused through the courts d) all of the above 48 24 2023-02-04 Review Anyone can lay an Information before a justice of the peace, if they have reasonable grounds, do it in writing and under oath. T or F A person who has been arrested by the police and held in custody, must be brought before a justice of the peace within: a) 12 hours b) 24 hours c) 36 hours d) 48 hours An Appearance Notice, Promise to Appear and Recognizance are forms of arrest. T or F A Summons, Appearance Notice, Promise to Appear and Recognizance are methods of compelling the court appearance of the victim. T or F An Appearance Notice will generally be used by: a) Police officer at the scene b) Officer-in-Charge of the station c) Judge or Justice 49 Review A Promise to Appear will generally be used by: 1. Police officer 2. Officer-in-Charge of the station 3. Judge or Justice A Recognizance will generally be used by: 1. Police officer 2. Officer-in-Charge of the station 3. Judge or Justice of the peace If an accused is denied bail, he/she will be held in a detention center on a recognizance. T or F An unconditional release is used to excuse a witness from attending court. T or F If an accused is released on an Appearance Notice, the Judge or Justice of the peace can impose any reasonable condition which the accused will have to obey. T or F Provincial Court judges will preside over virtually all judicial interim release (bail) hearings in the province and remands. T or F 50 25 2023-02-04 Review During a bail hearing, the __________ will agree to take responsibility for a person accused of a crime. – Police – Victim – Surety – Judge – Crown Attorney A Preliminary Hearing is an inquiry, heard by a Provincial Court Judge to determine the guilt or innocence of the accused. T or F The __________ may waive a Preliminary Hearing. 1. crown attorney 2. judge 3. accused An Indictment against the accused will send him or her to a preliminary hearing. T or F If the accused is discharged from the preliminary hearing he/she was found not guilty. T or F During the pre-trial activities, if the accused pleads guilty he/she will go to the trial phase. T or F During the court process, the court clerk reads the Information in open court to the accused, listing the charges. This is called: 1. indictment 2. arraignment 3. bail hearing \ 51 Review The specific role of the jury in our legal system is similar to that of a judge trying a case alone, to decide the facts from the trial evidence present, apply the law to those facts, render a verdict and impose the punishment. T or F Some common reasons for a/an __________ include a deadlocked jury, the death of a juror or a serious procedural and prejudicial mistake made at the trial which cannot be corrected. 1. acquittal 2. mistrial 3. conviction 4. all of the above If a person receives a prison sentence of two years, he will be placed in the: 1. Provincial corrections system 2. Federal corrections system 3. Municipal corrections system If at the end of a trial, the accused is acquitted, he or she will: 1. go to jail 2. await sentencing 3. receive a mistrial 4. be set free The role of the defence lawyer is to represents the legal rights of the victim, review the evidence and prepare case and strategy. T or F 52 26 2023-02-04 Review If the judge decides that there is not enough evidence to commit the accused to stand trial, the accused is discharged. This occurs after a: 1. fitness hearing 2. preliminary hearing 3. mistrial 4. deadlocked jury The __________ has the role of determining criminal responsibility. 1. police 2. crown attorney 3. judge 4. defence lawyer 5. defendant A prosecutor who acts on behalf of the government in prosecuting indictable charges is called: 1. court clerk 2. crown attorney 3. defence lawyer 53 27