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Flashcards in 3 Deck (61):
1

Crimes are seen as having been committed against society as a whole because

all of us pay for crime with higher taxes the public feels threatened and unsafe until the offender has been caught laws represent the values of society.

2

In society, the main goal of sentencing is

Public protection

3

Retribution refers to

Punishment to avenge a crime

4

Imposing a penalty that discourages others from committing crimes is called

Deterrence

5

Punishment which is designed to condemn the conduct of an offender is called

Denunciation

6

The most lenient sentence is

Discharge

7

If the conditions of a discharge are violated

the discharge is revoked and a more severe sentence is imposed

8

A sentence that is not carried out, provided certain requirements are met is

A suspended sentence

9

A sentence that allows an offender an opportunity to prove that he or she is can live in the community without committing another offence is called

Probation

10

Performing community service or seeking treatment for drug addiction may form part of a(n)

Conditional sentence

11

The goals of restorative justice are to

rebuild the offender's self-respect allow both the offender and the victim to deal with the conflict. help the offender and victim settle the issues and remain within the community

12

A program that involves the offender’s taking responsibility for his or her actions, and includes mediation and conferencing is

A restorative justice program

13


Moderated discussions between individuals that allow them to talk about issues linked by a common crime is.

A victim-offender panel

14

Prison inmates are eligible for parole review

after they have served one-third of their sentence or seven years, whichever is less

15

By law, most offenders who have served two-thirds of their sentence are eligible for

Statutory release

16


For summary conviction offences, sentencing usually takes place

Immediately

17

A pre-sentence report includes information on

Specific information about the offender's background

18


Three perspectives must be considered in the sentencing process.

the offender, the victim, society

19

Once the accused has been found guilty, whose job is it to recommend an
Appropriate sentence?

both Crown and Defence

20

Binding-over is imposed by a judge in order to

help ensure that a person keeps the peace and is of good behaviour

21

The length of a prison sentence depends on

the penalty called for in the Criminal Code the nature of the crime and the offender.
whether multiple sentences should be served

22

A prisoner who is a dangerous offender and an escape risk, is held in

Closed custody

23

Criminal law emphasizes

penalties for the guilty prevention of further crime

24

Who decides the actual penalty for an indictable offence in a given case

The trial judge

25

Cutting people off in traffic can result in criminal charges if

Injury occurs as a result

26


The adult federal and provincial correctional system costs approximately

3 billion annually

27


The approximate cost of keepin a offender in a federal penitentiary per year is

95000

28

A judge can order that an accused, claiming of mental disorder, be kept in a psychiatric unit for a maximum period of

90 days

29

When a offender negotiates a deal by admitting guilt in exchange for a lighter sentence, it is referred to as

Plea Bargaining

30

What is a royal prerogative of mercy

Royal prerogative of mercy. ... In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, in which he or she can grant pardons (informally known as a royal pardon) to convicted persons

31


In British Columbia, the highest trial court is the?

B.C Supreme Court

32

The jury is normally selected from the

Voters list

33

To be eligible for jury duty, an individual must

be a Canadian citizen, 18 or older, and a resident of the province for at least 1 year

34

At trial, it is the Crown's responsibility to

prepare the government's case by researching the law. assemble the evidence for
trial and review the exhibits. take statements from witnesses.

35


With in what period of time must a person be charged with a summary offence?

six months

36

Who has the primary burden of proof?

on the Crown has to prove the guilt of the accused beyond a reasonable doubt

37

Witnesses commit perjury if they

knowingly make false statements under oath

38

What is direct examination?

the first examination of a witness; also called “examination in chief

39


What is the purpose of a cross-examination?

test the accuracy of evidence given in witness's testimony

40

What is the purpose of the crowns opening statement?

identifies the offence committed summarizes the evidence against the accused outlines the way the Crown will present its case

41

What is direct evidence?

testimony given by a witness to prove an alleged fact

42

What is indirect evidence?

providing only a basis for inference about the fact in dispute, generally admissible unless it is too weak to help decide the case.

43


What happens at trial, when an objection is raised by either counsel during the
questioning of a witness,

the Judge usually makes an immediate ruling on whether it should be sustained
or overruled.

44


When can an objection be raised?

the witness is giving hearsay evidence

45

What does the judge do / happens when the jury is charged (charging the jury)?

explains the law and how it applies to the case they are about to decide

46

Accused who suffered from a mental disorder at the time the offence was committed cannot be held criminally responsible because

ey would have been unable to form the mens rea of the offence

47

The burden of proof for the defence of mental disorder is shouldered by the

party that first raises it

48

If a court finds the accused not criminally responsible, the Judge normally does what?

an absolute discharge a term in a psychiatric hospital a conditional discharge

49

Generally speaking, the defence of mental disorder is used only for

the most serious indictable offences

50


Intoxication can be used as a defence only for

crimes of specific intent

51

Violence may be used by the accused to defend himself provided that

only reasonable force was used

52

For the defence of necessity to succeed, the court must be convinced that

the act was done to avoid a greater harm

53


In most cases where Aboriginal or treaty rights are advanced as justification for a criminal act, it has to do with

hunting and fishing rights.

54

An excused own mistake of law cannot be used for a defence if the act is

may never be used as a defence for committing a criminal act

55

The Supreme Court of Canada stated that in cases involving battered woman syndrome, the jury should be instructed on

the defendant's ability to sense danger from her abuser why an abused woman might
remain in an abusive relationship the nature and extent of the violence that may exist in a battering relationship

56

An accused who advances the defence of alibi

need do no more than simply raise the defence supported by some evidence

57

The defence of officially induced error is acceptable only when the accused is charged
with having committed a(n)

Regulatory offence

58

An example of non-insane automatism is

Sleepwalking

59

The term "entrapment" refers to

illegal police conduct

60

Where the decision of a lower court judge is appealed to the province's Court of Appeal, they are authorized to (3)

-affirm the lower court's decision
-reverse the lower
court's decision
-order a new trial.

61

A hung jury in a criminal trial is a jury

that cannot reach a unanimous decision dismissed and a new jury is selected and the
whole case is tried all over again